Section 37(1) - Drivers under 16 prohibited

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jccool5000
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Section 37(1) - Drivers under 16 prohibited

Unread post by jccool5000 on

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?


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Unread post by argyll on

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


jccool5000
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Unread post by jccool5000 on

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?


jccool5000
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Unread post by jccool5000 on

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?


argyll
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Unread post by argyll on

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 !


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Decatur
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Unread post by Decatur on

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.


Stanton
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Unread post by Stanton on

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.


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Unread post by jsherk on

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 +++


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Unread post by daggx on

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.






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