Ontario · Highway Traffic Act, s.128 (Ontario)
Speeding in Ontario
A Part I set-fine ticket under s.128 of the Highway Traffic Act — but demerit points and insurance impact scale with speed, and higher speeds can be charged as stunt driving instead.
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What is speeding?
Speeding is prosecuted under section 128 of the Highway Traffic Act. It's a Part I offence, which means the officer issues a ticket with a set fine — no summons to court is required. You can plead guilty and pay, plead not guilty and set a trial, or request an early-resolution meeting with the prosecutor. If you do none of these within 15 days, you are convicted without a hearing — see what happens if you don't pay a speeding ticket.
The set fine is charged per km/h over the limit, and the rate rises with speed. The rates by zone, and the demerit points by speed, are in the tables below.
Important: speeding 50 km/h or more over the limit — or 40 km/h or more over where the posted limit is under 80 km/h, or 150 km/h or more anywhere regardless of the limit — can be charged as stunt driving under s.172 instead. That's a completely different, far harsher charge with an immediate roadside licence suspension and vehicle impound.
Ontario repealed automated speed enforcement (HTA Part XIV.1) effective November 14, 2025. The practice handles speeding charges laid by a police officer and does not handle camera tickets.
Penalties
| Tier | Fine | Demerit points | Licence suspension | Jail | Procedure |
|---|---|---|---|---|---|
| Speeding — s.128 (set-fine ticket) | Set fine (out-of-court): $2.50–$6.00 per km/h over (doubled in a community safety zone or a construction zone with a worker present); no out-of-court settlement at 50 km/h or more over (Schedule 43). | 0 to 6, scaling with speed | None under s.128 below 50 km/h over. At 50 km/h or more over, a court may suspend the licence for up to 30 days on a first conviction (s.128(15)). A novice driver convicted at 30 km/h or more over faces a 30-day suspension for a first such conviction, and 90 days or cancellation for later ones (O. Reg. 340/94 s.9). | None | Part I ticket |
Insurance impact
Auto insurers can take a speeding conviction into account when setting premiums; how, and for how long, depends on the insurer.
Licence & record impact
Convictions appear on your Ontario driving abstract. Demerit points accumulate — enough of them triggers a Ministry warning letter, an interview, and eventually a licence suspension entirely separate from anything the court orders.
How this charge is defended
Not sure what the ticket will actually cost? The Ontario speeding ticket calculator works out the fine and demerit points, and flags whether the speed alleged crosses into stunt driving. Wondering whether a ticket needs a lawyer at all? See lawyer or paralegal for a traffic ticket.
Defending a speeding charge starts with disclosure, the prosecution's evidence, which has to be requested through the court office named on the ticket. What it can contain, and how a speeding charge is tested, is set out below.
Depending on the disclosure, the options may include an early-resolution meeting with the prosecutor or a trial. No outcome can be promised.
Where trial is the right path, we prepare and represent you.
Speeding fines by zone, with the section that sets each rate
An Ontario speeding ticket charges $2.50 to $6.00 per km/h over the limit. In a community safety zone that is in effect, or a construction zone with a worker present, the rate doubles to $5.00 to $12.00. The set fine printed on a ticket comes from the Ontario Court of Justice set-fine schedule for the Highway Traffic Act (Schedule 43, item 340, last updated January 22, 2026). A separate figure, the fine a driver is liable to on conviction, is set by the Act itself in s.128(14). The statutory rates are higher in each band that has a ticket rate, so a per-km/h figure quoted from s.128(14) is not the amount on a ticket.
| Speed over the limit | Ticket set fine (Sched. 43, item 340) | Community safety zone ticket (item 340.2) | Construction zone ticket, worker present (item 340.5) | Fine on conviction (HTA s.128(14)) | Doubled fine on conviction (s.128(14.1) or s.214.1(6)) |
|---|---|---|---|---|---|
| 1 to 19 km/h | $2.50 | $5.00 | $5.00 | $3.00 | $6.00 |
| 20 to 29 km/h | $3.75 | $7.50 | $7.50 | $4.50 | $9.00 |
| 30 to 49 km/h | $6.00 | $12.00 | $12.00 | $7.00 | $14.00 |
| 50 km/h or more | No out-of-court settlement | No out-of-court settlement | No out-of-court settlement | $9.75 | $19.50 |
The last column is each s.128(14) rate doubled, as s.128(14.1) and s.214.1(6) provide. Three rules decide whether a doubled rate applies:
- Construction zones double only when a worker is present (s.128(14.1)). A construction-zone ticket with no worker present uses the ordinary rates (Schedule 43, item 340.4). The zone must be designated under s.128(8) or (8.1), and its lower limit takes effect only once the zone is signed (s.128(10)). Posted signs are proof of the designation, the authority and the limit unless there is evidence to the contrary (s.128(8.2)).
- Community safety zones double under s.214.1(6), not s.128, and only while the designation is in effect. The by-law or regulation must state the hours, days and months it applies (s.214.1(3)), and it has no effect until signs are erected (s.214.1(5)).
- The two doublings do not stack. Speeding in a community safety zone that is also a designated construction zone with a worker present draws the s.214.1(6) doubled penalty only, with no further s.128(14.1) doubling (s.214.1(6.1)).
What paying a speeding ticket costs once the surcharge and costs are added
Paying an Ontario speeding ticket costs the set fine plus a $5.00 service cost and a victim fine surcharge of at least $10, so a 10 km/h ticket with a $25.00 set fine costs $40.00. Paying out of court is a guilty plea and a conviction (Provincial Offences Act s.8(2)), and the amount due is the set fine plus all applicable costs and surcharges (s.8(1)). The $5.00 cost for service of the offence notice is set by R.R.O. 1990, Reg. 945. The victim fine surcharge is payable on every Part I conviction with a fine (POA s.60.1), and O. Reg. 161/00 fixes the amount by a bracket table.
| Example | Set fine | Victim fine surcharge (O. Reg. 161/00) | Service cost (Reg. 945) | Total |
|---|---|---|---|---|
| 10 km/h over, ordinary zone | 10 × $2.50 = $25.00 | $10 ($0–50 bracket) | $5.00 | $40.00 |
| 25 km/h over, ordinary zone | 25 × $3.75 = $93.75 | $20 ($76–100 bracket) | $5.00 | $118.75 |
| 35 km/h over, ordinary zone | 35 × $6.00 = $210.00 | $50 ($201–250 bracket) | $5.00 | $265.00 |
| 35 km/h over, community safety zone in effect | 35 × $12.00 = $420.00 | $95 ($401–450 bracket) | $5.00 | $520.00 |
The surcharge is a fixed bracket amount for any fine of $1,000 or less. Above $1,000, the surcharge is 25% of the fine (O. Reg. 161/00). Doing nothing for at least 15 days after the ticket is served can lead to a conviction without a hearing (POA s.9), explained in what happens if you don't pay a speeding ticket. For the set fine and points at any speed, use the speeding ticket calculator.
Roadside and court consequences at 50 km/h over and above
At 50 km/h or more over the limit, a speeding charge under s.128 of the Highway Traffic Act has no out-of-court settlement (Schedule 43), and the court may suspend the licence once it finds the driver was going 50 or more over (s.128(15)). Section 128 itself provides no roadside licence suspension or vehicle impound. The 30-day roadside suspension and 14-day impound are stunt-driving measures under s.172(8) to (10), which apply when an officer believes on reasonable and probable grounds that a person is stunt driving. The same speeds can instead be charged as stunt driving under s.172, at the thresholds explained on the stunt driving page.
| Consequence | s.128, under 50 km/h over | s.128, 50 km/h or more over | s.172 stunt driving |
|---|---|---|---|
| Roadside licence suspension | Not provided in s.128 | Not provided in s.128 | 30 days from the officer's request (s.172(9)) |
| Vehicle impound | Not provided in s.128 | Not provided in s.128 | 14 days at the owner's cost and risk (s.172(10)) |
| Fine | Set fine by speed band (Schedule 43, table above) | No out-of-court settlement; $9.75 per km/h on conviction (s.128(14)(d)) | $2,000 to $10,000, up to six months' jail, or both (s.172(2)) |
| Court-ordered licence suspension | None under s.128 | Discretionary: up to 30 days on a first conviction, up to 60 days on the first subsequent conviction, up to one year on the second or later subsequent conviction (s.128(15)) | Mandatory: at least one year on a first conviction (s.172(3)); longer on later convictions |
| Demerit points (O. Reg. 339/94) | 3 for 16 to 29 over (item 4c); 4 for 30 to 49 over (item 4b); no row for 1 to 15 over | 6 (item 4a), but none recorded if the court suspends the licence (s.3(1)) | 6 (item 3), recorded even with a suspension (s.3(1)) |
A s.128 conviction at 40 to 49 km/h over on a road posted under 80 km/h carries 4 points under item 4b. O. Reg. 339/94 has no separate 6-point speeding row for that band; 6 points attach to a s.172 conviction (item 3). Where several convictions arise from the same circumstances and none brings a suspension, only the highest-point conviction is recorded (s.3(2)). For the s.128(15) escalation, only the order of convictions counts (s.128(15.1)), and the escalation does not apply when the later conviction comes more than five years after the first (s.128(15.2)). How long a stunt suspension lasts is covered in the stunt driving suspension guide.
Novice drivers: a conviction at 30 km/h or more over brings a licence suspension
A novice driver convicted of speeding 30 km/h or more over the limit faces a licence suspension on top of the fine. Novice drivers hold a G1, G2, M1, M2, M1-L or M2-L licence (ontario.ca, Understanding demerit points). O. Reg. 340/94 s.9 applies escalating sanctions to a novice conviction for any offence worth 4 or more demerit points in the O. Reg. 339/94 table, "regardless of whether or not demerit points have been recorded." For speeding, 4 or more points means 30 km/h or more over: 4 points at 30 to 49 over and 6 at 50 or more.
- First conviction: 30-day suspension (s.9(2)(a)).
- Second conviction: 90-day suspension (s.9(2)(b)).
- Third conviction: cancellation (s.9(2)(c)). The driver must reapply and is classed as a G1 or M1 driver with no credit for time already earned (s.11(4)).
No demerit points are recorded for a conviction that triggers one of these sanctions (s.11(6)). The count starts again when the next conviction comes more than five years after the previous one (s.10(4)). Under s.10(3), the sanctions do not apply to a G1 or G2 holder who also holds a Class M licence, or to an M1 or M2 holder who also holds a Class A to G licence. Below 30 km/h over, the points count toward the lower novice thresholds set out in the demerit point guide.
What disclosure contains and how a speeding charge is tested
Disclosure in a speeding case is the relevant information in the prosecutor's possession or control, and a defendant is entitled to it free of charge. The Ontario Court of Justice's guide for defendants says disclosure could include investigating officer notes, witness statements, diagrams and photographs. Disclosure is not sent automatically: the defendant must ask for it, possibly in writing, by contacting the court office shown on the ticket. The guide does not list radar or lidar records by name.
What the prosecutor has to prove. The prosecutor has to prove the act of speeding itself. The OCJ guide describes speeding as an absolute liability offence, so there is no mental element to prove.
The limit and the zone. The limit on the ticket has to be one lawfully in force at that spot. A by-law limit has no effect until the road or area is signed (s.128(11)), and the doubled-fine rules are set out in the fine table by zone.
Every case turns on its own disclosure, and no outcome can be promised. A free 15-minute phone consultation is available to go through the ticket and the options.
Speeding by city
Where your matter is heard depends on where the charge was laid, not where you live.
- Speeding in BarrieBarrie Provincial Offences Court
- Speeding in HamiltonHamilton Provincial Offences Court
- Speeding in KitchenerRegion of Waterloo Provincial Offences Court
- Speeding in LondonLondon Provincial Offences Court
- Speeding in TorontoToronto Provincial Offences Court
- Speeding in WindsorWindsor/Essex Provincial Offences Court
Speeding — common questions
Should I just pay the ticket?
Paying a speeding ticket is a plea of guilty. It puts the conviction on your driving record, adds the demerit points that come with it, and can raise your insurance. A free 15-minute phone consultation is available before you decide.
How much are demerit points going to cost me?
Demerit points themselves don't have a dollar amount, but insurers use your driving abstract when setting premiums. A ticket with 3 demerit points is treated very differently from a zero-point conviction.
What is a community safety zone?
A community safety zone is a stretch of road designated by a municipality — typically near schools, playgrounds, or seniors' residences. Fines for most Highway Traffic Act offences, including speeding, are doubled inside those zones. The signage marks the start and end of the zone.
When does a speeding ticket become stunt driving?
Under Ontario's rules, driving 50 km/h or more over the posted limit — or 40 km/h or more over where the limit is under 80 km/h, or 150 km/h or more anywhere regardless of the limit — can be charged as stunt driving under s.172 of the Highway Traffic Act. That's a Part III summons with an immediate roadside licence suspension and vehicle impound, not a speeding ticket.
What is the speed limit in Ontario when no sign is posted?
The default limit is 50 km/h on a highway within a local municipality or built-up area, and 80 km/h on a highway outside one (Highway Traffic Act s.128(1)(a) and (b.1)). Highways designated as controlled-access also default to 80 km/h, inside or outside a municipality (s.128(1)(c)). A council may set a different limit by by-law, up to 100 km/h (s.128(2)). A by-law limit takes effect only once the road is signed (s.128(11)).
Can the registered owner be convicted of speeding when someone else was driving?
No. Since November 14, 2025, the registered owner of a vehicle cannot be convicted as owner for speeding under s.128, because s.207(2) para. 3 of the Highway Traffic Act now covers sections 128 to 143. Before that amendment, the paragraph read "Sections 129 to 143". An owner who was also the driver can still be convicted as the driver. Section 128(15.4) also bars amending a certificate of offence that charges a driver under s.128 into an owner charge. Part XIV.1, the automated speed enforcement part of the Act, was repealed on the same date (2025, c. 11, Sched. 5, s. 5).
Can a justice of the peace reduce the demerit points, court costs or victim fine surcharge on a speeding conviction?
No. The Ontario Court of Justice's guide for defendants states that a justice of the peace cannot waive or reduce demerit points, court costs or the victim fine surcharge. The points follow from the speed on the conviction, as set by O. Reg. 339/94 and shown in the demerit point guide.
Do school zone speed limits apply all day, every day?
Not always. A school-zone limit set under s.128(5) of the Highway Traffic Act applies only on days school is regularly held, at the times the by-law sets, on the road next to a school entrance or exit and up to 150 m beyond the school's land in either direction. A lower limit set for a road or area under s.128(2) or (2.1) is a separate by-law power that is not tied to school days. Neither limit has effect until the road is signed (s.128(11)).
Legal information, not legal advice. Laws, fines and demerit points change; check the current Highway Traffic Act and the Ontario Court of Justice set-fine schedule before relying on a figure. Using this site or sending a form does not create a paralegal-client relationship.