Ontario · Highway Traffic Act, s.172 (Ontario)
Stunt Driving & Racing in Ontario
A serious Highway Traffic Act charge with immediate roadside consequences and long licence suspensions on conviction. The first 30 days matter.
Tell us what you're facing.
What is stunt driving & racing?
Ontario has three separate speed thresholds for stunt driving, and the third catches people out: 50 km/h or more over the limit on any road; 40 km/h or more over where the posted limit is under 80; or 150 km/h or more in absolute terms, anywhere in the province — including freeways posted at 110, where 150 is only 40 over and would otherwise read as an ordinary speeding ticket.
A criminal charge is a separate possibility. No speed automatically becomes criminal, but police can lay dangerous driving under s.320.13 of the Criminal Code where the driving was a marked departure from the standard of a reasonably prudent driver, judged on all the circumstances. That is criminal court and a criminal record — a different process from a Highway Traffic Act charge, and it needs criminal representation.
Stunt driving and racing are prosecuted under section 172 of the Highway Traffic Act. It's a Part III offence, which means you receive a summons to court — there is no set fine on the ticket. The penalty is decided by the court within the ranges the statute allows.
Common ways drivers are charged under s.172 include excessive speeding (thresholds set by regulation), racing another vehicle, chasing another vehicle, or driving in a way the officer characterises as a "stunt."
When you're charged, the officer can impose consequences immediately at the roadside — before you've had a chance to defend the case. This is critical to understand: the roadside penalties happen on the day you're charged, not after a trial.
For how the two suspensions are timed and counted — the roadside 30 days, the minimum one year on conviction, and why one does not shorten the other — see how long a stunt driving suspension lasts in Ontario.
Penalties
| Tier | Fine | Demerit points | Licence suspension | Jail | Procedure |
|---|---|---|---|---|---|
| Roadside (administrative, before trial) | No fine at roadside | None until conviction | 30-day driver's licence suspension | None (roadside stage) | Administrative — imposed at roadside |
| On conviction (first offence) | $2,000 – $10,000 | 6 points | Minimum 1 year (3 years on second, indefinite on third+) | Up to 6 months | Part III summons |
Insurance impact
Stunt driving is typically treated as a serious/high-risk conviction. Premium increases can be substantial for years, and some insurers will refuse to renew coverage — forcing drivers into the high-risk market at significantly higher rates.
Licence & record impact
Beyond the licence suspension, a s.172 conviction stays on your driving abstract and can affect employment that requires driving, cross-border travel, and every future insurance application. The vehicle is also impounded for 14 days at the roadside — separate from the licence suspension.
How this charge is defended
Section 172 charges are technical. We start by obtaining full disclosure — the officer's notes, the speed-measuring device records and calibration history, in-car video where it exists, and any radio or CAD dispatch data.
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 fully — including Charter arguments where the facts support them.
What counts as racing or a stunt besides speed?
Besides speed, O. Reg. 455/07 counts several other kinds of driving as racing or a stunt. The list includes competing with another vehicle, chasing another vehicle, aggressive driving that blocks, cuts off or crowds other traffic, and stunts such as lifting tires, spinning, carrying a person in the trunk or driving from outside the driver's seat. All of these fall under the single offence in Highway Traffic Act s.172(1): driving a motor vehicle on a highway in a race or contest, on a bet or wager, or while performing a stunt. The speeding ticket calculator checks a speed against the thresholds in s.3 paras 7, 7.0.1 and 7.1. The table below lists the other definitions, none of which needs a particular speed reading.
| Category | Driving the regulation describes | Provision |
|---|---|---|
| Race or contest | Two or more vehicles driven at a marked departure from the lawful rate of speed in a way that shows they are competing | s.2(1) para 1 |
| Race or contest | Chasing another vehicle | s.2(1) para 2 |
| Race or contest | Driving without due care, without reasonable consideration or so as to endanger anyone, by driving at a marked-departure speed, outdistancing other vehicles at that speed, or repeatedly changing lanes close to other vehicles to get through traffic at that speed | s.2(1) para 3 |
| Stunt | Driving in a way that shows an intention to lift tires off the road, including riding a motorcycle on one wheel (lift axles on commercial vehicles excepted) | s.3 para 1 |
| Stunt | Driving in a way that shows an intention to make the tires lose traction while turning | s.3 para 2 |
| Stunt | Driving in a way that shows an intention to spin the vehicle or drive it in circles without keeping control | s.3 para 3 |
| Stunt | Two or more vehicles side by side or close together, with one staying in the oncoming lane longer than needed to pass | s.3 para 4 |
| Stunt | Driving with a person in the trunk | s.3 para 5 |
| Stunt | Driving while not sitting in the driver's seat | s.3 para 6 |
| Stunt (aggressive driving) | Driving without due care, without reasonable consideration or so as to endanger anyone by: intending to stop another vehicle from passing; stopping or slowing with the sole intention of cutting off another vehicle or making it stop or slow; intending to drive as close as possible to another vehicle, a pedestrian or a fixed object without justification; or turning left when both directions are stopped at a red light, just before or after both directions get a green, intending to finish the turn before the oncoming vehicle can go straight through | s.3 para 8 |
Several of the non-speed paragraphs turn on driving that shows an intention, and two of the race paragraphs turn on a "marked departure" from the lawful speed. Section 2(2) of O. Reg. 455/07 defines a marked departure as a speed that may limit a driver's ability to adjust prudently to changing circumstances on the highway.
Can stunt driving be charged in a parking lot or at an organized event?
Stunt driving can be charged in a parking lot and in several other off-road places. Certain approved events are taken out of the definitions of race and contest, and purpose-built tracks and similar approved events are excluded from the off-road rule. Under s.5 of O. Reg. 455/07, s.172 applies in a "specified place", which the regulation defines as any parking lot, beach, park, bike path or trail, farm field or sports field. The s.172 licence suspension and vehicle impoundment provisions apply there too.
A narrower list of behaviours applies in a specified place. Only chasing another vehicle (s.2(1) para 2) and stunt paras 1, 2, 3, 5 and 6 count there: lifting tires, losing traction on a turn, spinning or circling without control, carrying a person in the trunk, and driving from outside the driver's seat. The speed thresholds and the aggressive-driving list in para 8 do not apply in a specified place. Purpose-built race tracks, speedways and go-cart tracks are excluded from s.5, as are approved events similar to those listed in s.4.
Section 4 of O. Reg. 455/07 takes three kinds of event out of "race" and "contest":
- rallies supervised by the Canadian Association of Rally Sport or by a Ministry-approved club, or held with the road authority's written approval;
- tours or scenic drives in which vehicles are driven responsibly;
- closed-course events held with the road authority's written approval.
Under s.4(2), race, contest and stunt also exclude any activity required for the lawful operation of vehicles described in HTA s.62(15.1) or s.128(13), and for the lawful operation of an emergency vehicle.
What else follows a s.172 conviction besides the fine and suspension?
A s.172 conviction can also bring a higher minimum fine in a community safety zone, a remedial driver education course if the Registrar requires one, and reinstatement requirements before the licence is restored. The fine range, jail term and demerit points are in the penalties table on this page. How the roadside suspension relates to the conviction suspension is set out in how long a stunt driving suspension lasts, and the demerit point system explains what the points do.
| Consequence | What the law provides | Source |
|---|---|---|
| Community safety zone | The minimum fine doubles to $4,000; the $10,000 maximum stays the same, with jail of up to six months instead of or as well as the fine | HTA s.214.1(7) |
| Set fine | Item 491 ("Race a motor vehicle") and item 491.1 (community safety zone) are listed as "N.S.F." | Ontario Court of Justice, Schedule 43 (last updated January 22, 2026) |
| Remedial driver education course | May be required at the Registrar's discretion; the licence may be cancelled if the course is not finished within 60 days | O. Reg. 287/08, ss.30 and 34; HTA s.57(11) |
| Reinstatement | A $281 reinstatement fee; an eye test if a full-class licence was suspended for more than one year; knowledge, eye and road tests after 3 to 10 years; re-applying as a new driver after more than 10 years | ontario.ca, "Reinstate a suspended driver's licence" (updated September 21, 2026) |
The remedial driver education course is not automatic in law. The Ministry's "Speeding and aggressive driving" page calls it mandatory. However, O. Reg. 287/08 s.30 says a person convicted under s.172 may be required to take a remedial course, and HTA s.57(11) says the Registrar decides whom to notify and that not everyone who meets the criteria will be notified.
Under HTA s.219, the court clerk must warn the defendant aloud at arraignment, before accepting a plea, that a conviction brings a licence suspension set by statute. If the clerk does not give that warning, the suspension still applies (s.219(2)).
Which legal rules shape a s.172 defence?
Three legal rules shape a s.172 defence: the due diligence defence recognized in R. v. Raham, the included-offence rule in Provincial Offences Act s.55, and the rule in POA s.45(6) on pleading guilty to a different offence.
Strict liability and due diligence. In R. v. Raham, 2010 ONCA 206, the Court of Appeal for Ontario held that stunt driving by speeding is a strict liability offence, so a due diligence defence is available. The court gave two examples of what might qualify. One was driving 50 km/h or more over the limit for the two or three seconds needed to leave the passing lane and avoid a vehicle coming up from behind. The other was relying on a speedometer that was malfunctioning without the driver knowing. The court also cautioned that it did not imply the defence "will be readily available to this charge." Raham interpreted the earlier speed paragraph, s.3(7), which applied at 50 km/h or more over. The current paras 7, 7.0.1 and 7.1 came from later amendments (O. Reg. 320/19 and O. Reg. 410/21), so applying Raham to them is an argument to be made, not a settled point.
Lesser included offence. Section 55 of the Provincial Offences Act allows a court to convict of an included offence that is proved, even if the whole offence charged is not proved. In Raham, the Court of Appeal noted that even where a due diligence defence is available, a speeding conviction will often follow, because POA s.55 would, in most situations, permit a conviction for the included offence of speeding under HTA s.128. Whether that rule applies depends on what is proved in the individual case; the statute sets out a mechanism, not an outcome.
Plea to a different offence. Under POA s.45(6), the court may accept a guilty plea to an offence other than the one charged, but only with the prosecutor's consent. Both the prosecutor's consent and the court's acceptance are required in the individual case.
Stunt Driving & Racing by city
Where your matter is heard depends on where the charge was laid, not where you live.
- Stunt Driving & Racing in BarrieBarrie Provincial Offences Court
- Stunt Driving & Racing in HamiltonHamilton Provincial Offences Court
- Stunt Driving & Racing in KitchenerRegion of Waterloo Provincial Offences Court
- Stunt Driving & Racing in LondonLondon Provincial Offences Court
- Stunt Driving & Racing in TorontoToronto Provincial Offences Court
- Stunt Driving & Racing in WindsorWindsor/Essex Provincial Offences Court
Stunt Driving & Racing — common questions
Can I get my licence back before the 30 days is up?
The 30-day roadside licence suspension is an administrative penalty imposed when you're charged. It runs its full course regardless of the outcome of the court case — but a successful defence of the underlying charge protects you from the far longer suspension that follows conviction.
Is stunt driving a criminal charge?
No. Stunt driving is a provincial offence under Ontario's Highway Traffic Act, not a Criminal Code offence. That said, the penalties are serious — significant fines, possible jail up to 6 months, and long licence suspensions on conviction.
What happens to my car?
The vehicle is impounded for 14 days from the day it is detained, at the owner's cost, even if someone else was driving (HTA s.172(10)). The removal and impound costs are a lien on the vehicle under the Repair and Storage Liens Act (s.172(14)), and the owner can sue the driver to recover them and other losses (s.172(19)). The impound is separate from the licence suspension; how long a stunt driving suspension lasts covers the exceptions.
Do I really need a paralegal for a s.172 charge?
You are not required to have representation, but s.172 is one of the most serious HTA charges. The minimum 1-year licence suspension on a first conviction — and the insurance consequences that follow — make skilled defence a straightforward decision for most drivers.
What extra penalties does a novice driver face for a stunt driving conviction?
A novice driver convicted under s.172 faces an extra licence suspension or cancellation under O. Reg. 340/94, on top of the s.172 penalties. Section 9 of that regulation covers any Highway Traffic Act conviction worth 4 or more demerit points, and s.172 is worth 6 under O. Reg. 339/94. The penalty is a 30-day suspension on a first such conviction, 90 days on a second and cancellation of the licence on a third. Under s.10(4), the second and third steps do not apply if the next conviction comes more than five years after the previous one. How demerit points work is explained in the demerit points guide.
Can police arrest a driver for stunt driving?
Police can arrest a driver for stunt driving without a warrant under HTA s.217(2), if the officer believes on reasonable and probable grounds that a s.172 offence was committed. An arrest does not make the charge criminal: s.172 remains a provincial Highway Traffic Act offence.
Does appealing a stunt driving conviction pause the licence suspension?
Appealing a stunt driving conviction can pause the conviction suspension, but only if the Registrar receives satisfactory notice of the appeal. Under HTA s.55, a suspension that follows a conviction is then stayed until the appeal ends. The 30-day roadside suspension and 14-day impoundment are separate: s.172(18) says there is no appeal from them, although that rule does not affect any court proceeding. How long a stunt driving suspension lasts covers the roadside measures.
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.