Suspended Driving Law

Highway Traffic Act s. 53.1

“Every person who drives a motor vehicle on a highway while his or her driver’s licence is suspended under this act is guilty of an offence.”

Driving while driver’s licence suspended

s.53 (1) Every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under an Act of the Legislature or a regulation made thereunder is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not less than $1,000 and not more than $5,000; and

(b) for each subsequent offence, to a fine of not less than $2,000 and not more than $5,000,

or to imprisonment for a term of not more than six months, or to both.

(1.1) Despite subsection (1), every person who drives a motor vehicle or street car on a highway while his or her driver’s licence is suspended under section 41 or 42, even if it is under suspension at the same time for any other reason, is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not less than $5,000 and not more than $25,000; and

(b) for each subsequent offence, to a fine of not less than $10,000 and not more than $50,000,

or to imprisonment for a term of not more than six months, or to both.

Subsequent offence

(2) Where a person who has previously been convicted of an offence under subsection (1) is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence for the purpose of clause (1) (b).

(2.1) Where a person who has previously been convicted of an offence under subsection (1.1) is convicted of the same offence within five years after the date of the previous conviction, the offence for which he or she is last convicted shall be deemed to be a subsequent offence for the purpose of clause (1.1)(b)

Licence suspended

(3) The driver’s licence of a person who is convicted of an offence under subsection (1) or (1.1) is thereupon suspended for a period of six months in addition to any other period for which the licence is suspended, and consecutively thereto. R.S.O. 1990, c. H.8, s. 53 (3); 1998, c. 5, s. 25 (2).

Where person whose permit or licence suspended does not hold permit or licence

s.54 Where by or under the provisions of an Act of the Legislature or a regulation made thereunder a permit or licence is suspended and the person to whom the suspension applies is not the holder of a permit or licence, as the case may be, the person shall be deemed for all the purposes of this Act or the regulations to be a person whose permit or licence, as the case may be, has been suspended.

Suspension on appeal

s.55 If a person whose licence has been suspended enters an appeal against his or her conviction and serves notice of the appeal on the Registrar, the suspension is stayed from the time notice is served on the Registrar unless the conviction is sustained on appeal. R.S.O. 1990, c. H.8, s. 55;

Long-term vehicle impoundment for driving while suspended, in contravention of condition

s.55.1 (1) Where a police officer or officer appointed for carrying out the provisions of this Act is satisfied that a person was driving a motor vehicle on a highway in one of the following circumstances, the officer shall detain the motor vehicle that was being driven by the person:

1. While his or her driver’s licence is under suspension under section 41, 42 or 43, even if it is under suspension at the same time for any other reason.

2. In contravention of a condition, imposed for a prescribed reason on his or her driver’s licence under a conduct review program under section 57, that prohibits him or her from driving a motor vehicle that is not equipped with an ignition interlock device.

3. While his or her driver’s licence is under suspension for a prescribed reason under a conduct review program under section 57, even if it is under suspension at the same time for any other reason. 2015, c. 14, s. 18 (1).

Impoundment

(2) Once the drawn vehicle and load, if any, have been removed as may be required by subsection (10), (11), (12) or (13), the detained vehicle shall, at the cost and risk of the owner,

(a) be removed to an impound facility as directed by a police officer or officer appointed for carrying out the provisions of this Act; and

(b) be impounded from the time it was detained for the period described in subsection (3) or until ordered to be released by the Registrar under subsection (14) or under section 50.2. 2009, c. 5, s. 24.

Impound period

(3) A motor vehicle detained under subsection (1) shall be impounded as follows:

1. For 45 days, if there has not been any previous impoundment under this section, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.

2. For 90 days, if there has been one previous impoundment under this section, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded.

3. For 180 days, if there have been two or more previous impoundments under this section, within a prescribed period, with respect to any motor vehicle then owned by the owner of the vehicle currently being impounded. 2009, c. 5, s. 24.