Ontario · HTA s.172
How long is a stunt driving suspension in Ontario?
Stunt driving takes your licence twice. The officer takes it at the roadside for 30 days, whether or not you hand it over; a court that convicts you under s.172 of the Highway Traffic Act then takes it again for a minimum of one year on a first conviction, three years on a second and indefinitely on a third. The two periods run on separate clocks and the 30 days are not deducted from the year.
Two suspensions with two different start dates
Stunt driving takes your licence off the road before a court has looked at anything. Under s.172(8), an officer with reasonable and probable grounds to believe you were stunt driving must ask you to surrender your licence and must detain the vehicle. From that request the licence is suspended for 30 days — whether or not you hand it over (s.172(9)), and whether it was issued in Ontario or by another jurisdiction (s.172(24)). The vehicle is impounded for 14 days from the day it was detained, at the owner's cost and risk (s.172(10)).
The impound follows the vehicle, not the driver — ontario.ca describes it as an immediate 14-day impoundment "whether it is your vehicle or not". The exception is a vehicle under a rental agreement of 30 days or less from a commercial rental company, which O. Reg. 757/20 exempts from the full 14 days.
The conviction suspension starts on a different day entirely. Section 172(3) suspends the licence "in addition to" the s.172(2) penalty — a$2,000 to $10,000 fine, up to six months' imprisonment, or both — on conviction, normally months after the roadside stop.
| Stage | How long | When it starts | Authority |
|---|---|---|---|
| Roadside — driver's licence | 30 days | The day the officer asks you to surrender the licence, whether or not you hand it over | s.172(8), (9) |
| Roadside — vehicle impound | 14 days (short-term rental vehicles exempt from the full 14 days under O. Reg. 757/20; early release only if the officer is satisfied the vehicle was stolen, s.172(12)) | The day the vehicle is detained; released on expiry once removal and impound costs are paid | s.172(10), (11), (12), (13); O. Reg. 757/20 |
| First conviction | Minimum 1 year — court may extend to a maximum of 3 years | On conviction, automatically | s.172(3)(a), (5)(a) |
| Second conviction | Minimum 3 years — court may extend to a maximum of 10 years | On conviction, automatically | s.172(3)(b), (5)(b) |
| Third conviction | Indefinite — reducible by the Registrar only in circumstances to be prescribed by regulation (none made as of September 9, 2026) | On conviction, automatically | s.172(3)(c), (4), (23)(d) |
| Fourth or subsequent conviction | Indefinite — not reducible | On conviction, automatically | s.172(3)(c), (4) |
This guide stops at the clocks. The three speed thresholds in O. Reg. 455/07, and the defence to the charge itself, are on thestunt driving practice page.
Why the 30 roadside days do not come off the year
Nothing in s.172 credits the 30-day roadside suspension against the conviction suspension. Section 172(21) provides that the roadside suspension and impoundment "do not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time." The two periods therefore run separately: 30 days from the day of the charge, and at least one year from conviction.
There is no appeal from, and no right to be heard before, the roadside suspension or impoundment: s.172(18). The 30 days are served in full even if the charge is later withdrawn. The only way to avoid the second clock is to avoid a s.172 conviction, which is why a stunt driving case is fought on the charge rather than the sentence.
The court cannot shorten the suspension — only lengthen it
Many drivers assume a judge can be persuaded to a shorter suspension; the Highway Traffic Act does not allow it. Since January 1, 2026 (2024, c. 21, s. 25), s.172(3) has imposed the suspension by operation of the statute: the licence of a person convicted "is suspended ... for a minimum of one year" on a first conviction, three years on a second, and indefinitely on a third or subsequent conviction. No court order is needed.
The court's discretion runs only upward. Under s.172(5), where the court considers it "proper and desirable for the protection of the public using the highways", it may extend the suspension to a maximum of three years on a first conviction or 10 years on a second.
Section 172(6) closes the other direction: an extension order "does not lessen the duration" of the minimum suspension and does not affect an indefinite one. The judge's sentencing room is the fine, any jail term and any extension — never the minimum year.
How a second or third conviction is counted, and when an indefinite suspension can end
Whether a conviction is your first, second or third depends on the order of convictions, not the order of offences (s.172(7)); when the offences were committed is not considered. Three rules then adjust the count:
- A conviction more than 10 years after the previous conviction is deemed a first conviction (s.172(7.1)).
- Within 10 years of the previous conviction, every earlier conviction in an unbroken chain — none followed by a 10-year conviction-free gap — counts (s.172(7.2)).
- Under the transition rule in s.172(7.3), a conviction that was more than 10 years before the date on which s.23(1) of the Safer Roads and Communities Act, 2024 came into force is not taken into account for the purposes of s.172(3) and (4), despite the chain rule in s.172(7.2).
A third conviction suspends the licence indefinitely. Under s.172(4) the Registrar may reduce it "in the prescribed circumstances"; as of the e-Laws currency date (September 9, 2026) no regulation prescribing those circumstances has been made under s.172(23)(d). Ontario.ca describes the suspension as "reducible after 10 years under certain criteria", but that is not yet reflected in any regulation. A fourth or subsequent conviction is indefinite and not reducible.
Points and a s.53 charge sit on top of the suspension
Six demerit points are recorded on top of a stunt driving suspension, which is the reverse of the usual rule. Under s.3(1) of O. Reg. 339/94, no demerit points are normally recorded when a court's penalty includes a licence suspension — but the regulation expressly excepts offences under sections 78, 78.1 and 172 of the Act. A s.172 conviction (Table to O. Reg. 339/94, item 3, "Racing") therefore adds six points on top of the suspension;the demerit point systemcovers what those points do.
The 30 roadside days are a live suspension from the moment the officer asks for the licence, so a driver who takes the car out the next morning — before any court date exists — is charged withdriving while suspended under s.53, which brings its own fine, possible jail and a further six-month suspension consecutive to any other (s.53(3)). The same applies through the conviction period. No restricted or work licence exists for either period;how long a suspended licence lastscovers that point.
Sources:Highway Traffic Act, R.S.O. 1990, c. H.8, s.172 (e-Laws consolidation current to July 1, 2026, currency date September 9, 2026);O. Reg. 455/07(stunts);O. Reg. 339/94(demerit points);O. Reg. 757/20(rental-vehicle impound exemption);ontario.ca, Speeding and aggressive driving(updated December 30, 2025). Verify against the current text before relying on any figure. Legal information, not legal advice.