Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 9 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

Section 37(1) - Drivers under 16 prohibited
Author Message
PostPosted: Fri Dec 25, 2015 12:14 am 
Offline
Newbie

Joined: Fri Dec 25, 2015 12:07 am
Posts: 4
Hello! I'm under 16 currently and really want to drive. I know that section 37(1) says you have to be 16, but I've read that the HTA does not apply when you are in private property, so does that mean I can drive in a parking lot if I wanted to?


Top
 Profile  
 
Re: Section 37(1) - Drivers under 16 prohibited
PostPosted: Fri Dec 25, 2015 1:42 am 
Online
VIP

Joined: Fri Jun 25, 2010 3:30 am
Posts: 813
http://www.theglobeandmail.com/globe-dr ... le4216574/

_________________
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


Top
 Profile  
 
Re: Section 37(1) - Drivers under 16 prohibited
PostPosted: Fri Dec 25, 2015 1:05 pm 
Offline
Newbie

Joined: Fri Dec 25, 2015 12:07 am
Posts: 4
I did some more research and found section 259(4) of the criminal code (which applies everywhere) says that anyone "disqualified" may not operate a motor vehicle. Section 259(5) says that the definition of disqualified: "a disqualification or any other form of legal restriction of the right or privilege to operate a motor vehicle, vessel or aircraft impose, in the case of a motor vehicle, under the law of a province".

Does this render the article invalid? The article says "because Ontario parking lots aren’t considered roads, you can operate a vehicle in them without a driver's license, vehicle registration or insurance", so under the criminal code you would still need a licence to drive then?


Top
 Profile  
 
Re: Section 37(1) - Drivers under 16 prohibited
PostPosted: Fri Dec 25, 2015 2:00 pm 
Offline
Newbie

Joined: Fri Dec 25, 2015 12:07 am
Posts: 4
I would like to add that since the HTA does not apply in private property, would this mean that I'm not violating provincial rules under the section 259(5) of the criminal code?


Top
 Profile  
 
Re: Section 37(1) - Drivers under 16 prohibited
PostPosted: Fri Dec 25, 2015 2:27 pm 
Online
VIP

Joined: Fri Jun 25, 2010 3:30 am
Posts: 813
Disqualified is different than simply not having a license. Whether the age thing would fall under that definition I doubt but that would be for a crown to argue and a judge to decide.

Personally I'd tell my kid just to wait.

_________________
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


Top
 Profile  
 
Re: Section 37(1) - Drivers under 16 prohibited
PostPosted: Fri Dec 25, 2015 3:15 pm 
Offline
Moderator
User avatar

Joined: Mon Mar 14, 2011 11:31 am
Posts: 684
Parking lots are private property and it's very unlikely that an owner would grant permission for someone under 16 to drive a motor vehicle on the lot. Too much of a liability issue.
If you decide to do it without permission, the Tresspass to Property Act could be used to either remove you from the property and or lay a charge.
Certain parts of the HTA actually do apply to private property, especially when it comes to collisions.


Top
 Profile  
 
Re: Section 37(1) - Drivers under 16 prohibited
PostPosted: Fri Dec 25, 2015 5:31 pm 
Offline
High Authority

Joined: Tue Feb 01, 2011 9:49 pm
Posts: 2110
Location: Ontario
A disqualified driver is someone who's prohibited from driving as a result of a criminal or provincial driving related offence. Being unlicenced is different from being a prohibited/suspended driver.


Top
 Profile  
 
Re: Section 37(1) - Drivers under 16 prohibited
PostPosted: Fri Dec 25, 2015 9:06 pm 
Offline
High Authority

Joined: Thu Jul 26, 2012 1:18 pm
Posts: 1722
Some private property parking lots, like malls, usually have bylaws in place that make them "highways" for the purposes of the HTA.

So have fun on grandpa's back 40, but probably not wise to try it in a parking lot.

_________________
+++ This is not legal advice, only my opinion +++


Top
 Profile  
 
Re: Section 37(1) - Drivers under 16 prohibited
PostPosted: Sat Dec 26, 2015 1:23 am 
Offline
Sr. Member

Joined: Sun Jun 22, 2008 3:21 am
Posts: 382
I would avoid doing this in a public parking lot or any place that is open to the public. There is a good chance that the car's insurance would not cover you since you are not a licensed driver. This means that if you got into an accident with another driver you or your parents would be on the hook for any damage or injury that occurred to the other person.


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 9 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Drivers under 16 prohibited - Section 37

admin

0

1576

Thu Jan 24, 2008 11:35 am

admin View the latest post

There are no new unread posts for this topic. Motor assisted bicycle drivers under 16 prohibited - Sec 38

admin

0

1271

Thu Jan 24, 2008 11:34 am

admin View the latest post

There are no new unread posts for this topic. Regulations, novice drivers - Section 57.1

admin

0

4515

Thu Jan 24, 2008 6:27 am

admin View the latest post

There are no new unread posts for this topic. U-turns prohibited - Section 143

admin

0

2832

Wed Dec 12, 2007 12:06 am

admin View the latest post

There are no new unread posts for this topic. Suspension while prohibited from driving - Section 43

admin

0

2028

Thu Jan 24, 2008 11:14 am

admin View the latest post

There are no new unread posts for this topic. Breath testing, novice drivers - Section 48.1

admin

0

1505

Thu Jan 24, 2008 10:18 am

admin View the latest post

There are no new unread posts for this topic. Soliciting rides or business from drivers - Section 177

admin

0

1571

Tue Dec 11, 2007 10:58 pm

admin View the latest post

There are no new unread posts for this topic. Littering highway prohibited - Section 180

admin

0

2205

Tue Dec 11, 2007 10:53 pm

admin View the latest post

There are no new unread posts for this topic. Racing, stunts, etc., prohibited - Section 172

admin

0

5106

Tue Dec 11, 2007 11:17 pm

admin View the latest post

There are no new unread posts for this topic. Driving prohibited while licence suspended - Section 36

admin

0

2122

Thu Jan 24, 2008 11:36 am

admin View the latest post

There are no new unread posts for this topic. Air cushioned vehicles prohibited on highways - Section 189

admin

0

970

Tue Dec 11, 2007 10:39 pm

admin View the latest post

There are no new unread posts for this topic. Riding in house or boat trailers prohibited - Section 188

admin

0

859

Tue Dec 11, 2007 10:40 pm

admin View the latest post

 


Who is online

Users browsing this forum: No registered users and 7 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.