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Ontario Highway Traffic Act

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expired license and incoming demerit points
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PostPosted: Tue Oct 03, 2017 11:12 pm 
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Joined: Wed Nov 25, 2009 11:28 am
Posts: 149
hello,


here's an hypothetical scenario:


Can the conviction of an HTA offense (ticket) affect a driver's license that was not renewed and is expired?

The expiry date of the license, which the driver chose not to renew, preceded the conviction date on court.

Will the expired license receive the demerit points?


thank you.


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Re: expired license and incoming demerit points
PostPosted: Wed Oct 04, 2017 12:52 am 
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Joined: Wed Sep 19, 2012 1:44 am
Posts: 1045
Your license number doesn't vanish into thin air. It'll exist whether or not you choose to renew your license or not.

Even if you don't have a license, they will generate a license number for you and it'll be waiting for you if you ever decide to apply.


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Re: expired license and incoming demerit points
PostPosted: Fri Oct 06, 2017 6:52 am 
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Joined: Wed Nov 25, 2009 11:28 am
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bend wrote:
Your license number doesn't vanish into thin air. It'll exist whether or not you choose to renew your license or not.

Even if you don't have a license, they will generate a license number for you and it'll be waiting for you if you ever decide to apply.


interesting.

does the same apply if a minor (obviously without a driver's license) commits an HTA offence riding a bicycle?


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Re: expired license and incoming demerit points
PostPosted: Fri Oct 06, 2017 11:33 pm 
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Highway Traffic Act wrote:
Demerit point system
56 (1) The Lieutenant Governor in Council may make regulations providing for a demerit point system for drivers of motor vehicles or of street cars. 2005, c. 26, Sched. A, s. 5.


Highway Traffic Act wrote:

Definitions
1...

bicycle” includes a tricycle, a unicycle and a power-assisted bicycle but does not include a motor assisted bicycle; (“bicyclette”)

motor vehicle” includes an automobile, a motorcycle, a motor assisted bicycle unless otherwise indicated in this Act, and any other vehicle propelled or driven otherwise than by muscular power, but does not include a street car or other motor vehicle running only upon rails, a power-assisted bicycle, a motorized snow vehicle, a traction engine, a farm tractor, a self-propelled implement of husbandry or a road-building machine; (“véhicule automobile”)

vehicle” includes a motor vehicle, trailer, traction engine, farm tractor, road-building machine, bicycle and any vehicle drawn, propelled or driven by any kind of power, including muscular power, but does not include a motorized snow vehicle or a street car; (“véhicule”)


A traditional bicycle is a defined by the HTA as a "vehicle", but not a "motor vehicle". The demerit point system applies to motor vehicles or street cars.

You should not receive demerit points for bicycle convictions but sometimes it happens in error.


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