Escalating Sanctions -- Avoiding suspension

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Escalating Sanctions -- Avoiding suspension

by: notam on
Wed Aug 10, 2011 12:25 pm

Here's the situation for a friend of mine:

G2 license holder, eligible to take his exit test for a full G license
charged with stunt driving (speeding 110 km/h in a 50 km/h zone)
offered a guilty plea to speeding (49 km/h over)

Normally its a no-brainer, and it probably still is, but my concern is that my friend would be subject to the escalating sanctions for G2 drivers convicted of 4 point HTA offences.

O. Reg. 340/94 states:

"novice driver" means a person classed as such under section 29;

29. (1) A driver of a motor vehicle, other than a motorcycle or a motor assisted bicycle, on a highway shall be classed as a novice driver in Class G1 or G2...

9. (1) The Registrar shall, after giving notice, suspend or cancel the drivers licence of a novice driver as provided in subsection (2) in the following circumstance:

s. 9(3)(3) covers the circumstance of a single 4 demerit point offence.

My question is two-fold. 1) As a practical matter, has anybody encountered a similar situation. What does the MTO do when a person has a G2 on the offence date but obtains his full G prior to the conviction being entered?

2) The way I read the law, s. 9(1) above only gives the MTO the right to suspend a novice driver's license. If the person gets a full G, then the driver no longer has a novice driver's license and the MTO wouldn't have the power to suspend the license. This is probably why the legislature enacted s. 10(6) which reads:

10. (6) If the holder of a Class G1, G2, M1 or M2 drivers licence is convicted of a third offence described in subsection 9 (3) and subsequently becomes a fully licensed driver in Class G or M, as the case may be, before the Registrar receives notice of the persons third conviction, the Registrar shall not cancel the persons drivers licence as described in clause 9 (2) (c) but shall instead suspend the licence for 90 days.

If the legislature had the power to cancel the Full G license then there would have been no need to enact section 10(6) above. It follows that the MTO doesn't have power to suspend a full G license by these regulations unless that power is explicitly granted.

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by: Radar Identified on
Thu Aug 11, 2011 6:57 pm

I'd think that since the penalty is being applied to a fully-licenced driver, there should be no suspension in this case. But, that's just my opinion, take it for what it's worth.
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. * OR
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by: hwybear on
Sat Aug 13, 2011 11:51 am

It is by offence date and class of licence at that time. So stop was on a G2, the G will be suspended for 30 days.

read carefully - sec 10(6) ..if it is a 3rd time for a 4 point offence the licence will not be "cancelled" (which would be for a G2) but the G licence will be "suspended" for 90 days
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer.
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