Many people think stunt driving is all about street racing and doing ‘doughnuts’; however, if you have a shorter temper on the road, you may find yourself guilty of a stunt driving incident. Toronto Police report a 200% increase in stunt driving over the past five years. While initially, there was a lack of vehicles on the road due to the lockdown, stunt driving has persisted since the return to work and school. While there are no more recent statistics for the number of stunt driving incidents, there have been many reports of stunt driving incidents. Let’s break down what constitutes stunt driving in Ontario and examine the consequences of this dangerous pastime if you receive a conviction.
IS THERE MORE TO A STUNT DRIVING CHARGE THAN JUST DRIVING “TOO FAST?”
Section 172 of the Highway Traffic Act in Ontario states, “No person shall drive a motor vehicle on a highway in a race or contest while performing a stunt or on a bet or wager.”
A recent survey on behalf of CAA South Central Ontario (CAA SCO) finds that only 24% of Ontario drivers are aware of all the offences that account for stunt driving. Almost 95% say they have witnessed dangerous driving from other motorists:
- Speeding at 81%
- Distracted driving at 74%
These were the top two unsafe behaviours people saw on the roads, followed by unsafely changing lanes (73%) and aggressive driving (69%). However, over 50% of the drivers polled admitted to unsafe driving.
Stunt driving is more than excessive speeding, street racing, and contests. However, with the recent media glorification of street racing over the past decade, there has been an increase in modifications. Drivers add illegal or upgraded car modifications with suspensions, style enhancements, or high-performance motors to increase performance. These modifications are sometimes not reported to insurance, which would most likely increase premiums and result in lower car resale value.
In Ontario, stunt driving also includes dangerous driving practices, such as road rage and weaving through traffic. In summary, stunt driving is careless driving that puts the driver and others at greater-than-normal risk.
Under the Highway Traffic Act, “stunt driving” can mean:
- Burnouts, drifting or donuts
- Popping wheelies or doing “stoppies” on a motorcycle (or car, if possible)
- Occupying a passing lane for longer than is reasonably required to overtake
- Driving with a person in the trunk of a motor vehicle or driving while not in the driver’s seat
- Exceeding 50km/hr of the speed limit where the speed limit is 80km/hr or more (the most commonly known and the most frequently charged offence)
- Exceeding 40km/hr of the speed limit where the speed limit is 79km/h or less
- Driving without due care and consideration of others on the road or in a way that might endanger someone by intentionally preventing another person from passing, stopping, cutting someone off or slowing down
- Driving as close as possible to another vehicle, person, or cyclist
- Jumping ahead and turning left before traffic commences through an intersection
- Road rage and aggressive driving
As we see above, many dangerous driving practices, besides simply exceeding the speed limit, can be considered “stunt driving.”
WHAT ARE THE PENALTIES FOR STUNT DRIVING in Ontario?
If caught stunt driving, you will now face a harsher penalty. Motorists will be suspended from their roadside driver’s licence for 30 days and have their vehicles impounded for 14 days, up from the previous one-week penalty.
The Ontario government is also introducing an escalating post-conviction driver’s licence suspension for drivers convicted of stunt driving, as seen below:
- A first offence brings a minimum of a one to three-year suspension
- For a second offence, a minimum of three to 10 years suspension
- A third offence may mean a lifetime suspension that can be reduced at a later date
- A fourth and subsequent offence will cause a lifetime driver’s licence suspension
Factors that determine these penalties
Various factors determine the penalty charges for stunt driving. Some of these include:
- The speed: The higher your stunt driving speed, the more severe your penalty.
- Previous convictions: You may likely face a one to three-year licence suspension for the initial stunt driving offence. If you are involved in a repeat stunt driving offence, your license suspension may be up to 10 years. However, a third and repeat stunt driving offence may result in a permanent suspension.
- If an accident occurred due to stunt driving: If anyone is hurt or killed due to your stunt driving, you can expect more severe penalties.
- Interactions with police officers: Reckless drivers most often engage in stunt driving intentionally and are usually involved in confrontations with police officers. Some even try to evade arrest or speed up when flagged down. The less cooperative stunt drivers are with the police, the harsher the penalties.
- The accident’s timing and where it occurs: Some locations attract harsher penalties. For instance, people who drive recklessly near a school or in a residential area will receive harsh treatment from the authorities. Such areas pose higher risks to other road users or pedestrians, like children.
NEW SAFETY LAWS FOR DRIVERS
The provincial government introduced the Moving Ontarians More Safely Act (MOMS Act) legislation in April 2021. These new laws came into effect on July 01, 2021. The goal is to help combat high-risk driving behaviour and improve road safety. By enforcing stricter penalties for unsafe, high-risk driving, which includes stunt driving. It also oversees the towing industry and protects cyclists and road workers.
The MOMS Act applies a variety of safety measures:
- Cameras will be placed inside streetcars to catch drivers who illegally pass
- Drivers will now be charged for hitting cyclists when opening their car doors
- E-bikes will individually be categorised as bicycle-style, mopeds or motorcycle-style.
- New enforcement tools will be implemented for truck drivers, specifically those behind the wheel for extended periods.
Speed Driving Prevention
Since 2021, charges have been laid for stunt driving practices as part of two Peel police initiatives: Project ERASE—or Eliminating Racing Activities on Streets Everywhere — and Project Noisemaker. Officers have targeted hotspots for aggressive and poor driving behaviour.
Both police initiatives aim to eliminate dangerous driving on the road and target vehicles with modifications or deafening exhaust systems. Investigators ask anyone with information to contact police or crime stoppers anonymously.
HOW A STUNT DRIVING CHARGE CAN IMPACT YOUR CAR INSURANCE
A stunt driving conviction will remain on your driving record for three years. If you are convicted of aggressive, careless driving, you will experience a substantial increase in premiums, or your car could become uninsurable. Your insurance company may access your driving record to assess the risk to them that you might be involved in an accident. The more speeding or traffic tickets you have on your driving record, the more the insurance company perceives that “their risk to insure you is higher.” The higher the risk, the higher your rates will be.
As you can see, it doesn’t pay to break the rules of the road. Keep road safety top-of-mind while you’re navigating city streets. Stunt driving is not only youth drag racing or performing doughnuts in a parking lot late at night. It can be aggressive or dangerous driving behaviour. If you are ever angry from being cut off on Highway 401 during rush hour and decide to floor it to follow them to express your displeasure, you will also be found guilty of stunt driving.
Remember: driving is a privilege, not a right. Let cooler heads prevail while navigating your gradual return to work. Speak with your isure broker for more details about how unsafe driving habits can affect your premiums.
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