Ontario Highway Traffic Act #5 Driver's Licences #2 PDF

www.opcva.ca Highway Traffic Act #5 Driver’s Licences #2 Version: BCT Traffic Jan 2021 © Queen's Printer for Ontario, 2018 Review Charge Of The Day: Underwood 2 UNDERWOOD On today’s date at 0330 hours, you are on general uniform patrol in a marked cruiser. It is a dark, foggy night with stre...

www.opcva.ca Highway Traffic Act #5 Driver’s Licences #2 Version: BCT Traffic Jan 2021 © Queen's Printer for Ontario, 2018 Review Charge Of The Day: Underwood 2 UNDERWOOD On today’s date at 0330 hours, you are on general uniform patrol in a marked cruiser. It is a dark, foggy night with street light illumination. It has rained recently and the roads are wet. You are following a blue Nissan Sentra, Ontario licence, JBNV 076 northbound on John Street at Bear Dr. in your city. At Bear Drive. the Nissan stops for the stop sign halfway into the intersection. The intersection is controlled by a stop sign with a white stop line painted on the roadway in accordance with the regulations. The driver continues northbound on John Street where you stop the vehicle in accordance with recommended procedures. You approach the driver who tells you he could not see the stop line on the road and he left his licence at home. He provides photo ID from his workplace, identifying him as Thomas Underwood. He gives you his date of birth, and an address of 50 Westleigh Cres. Toronto, Ont. M8W 3Z7. You check on the police computer and Mr. Underwood is a licenced driver (DL: U587574057- 91207). You charge him for the licence offence and warn him for the moving violation. 3 4 Review • Driver Licences –A –B –C –D –E –F –G 5 Objectives • Drivers Licence – G1 – G2 –M – M1 – M2 • Licensing System 6 Graduated Licencing • New drivers applying for their first car or motorcycle licence enter Ontario’s graduated licensing system. Graduated licensing lets new drivers get driving experience and skills gradually. The two-step licensing process takes at least 20 months to complete. MTO Driver’s Handbook 7 Nine 15-18 year olds in a Cavalier 8 Driver’s Licence Where do we find the conditions for a G1 licenced driver? • HTA Regulation 340/94 section 5(1) • HTA 44.1 Zero Alcohol Novice / Young Drivers • HTA 44.2 Zero Drugs Novice / Young Drivers 9 Class “G1” Conditions • • • • • • Zero Alcohol (BAC) and no Presence of Drugs. (HTA 44.1, 44.2) Only driver and accompanying driver in the front seat Only as many passengers as seatbelts No driving on designated highways in O. Reg 340/94 s.5(4) No driving midnight – 5:00a.m. Accompanying driver for instruction: 1. Fully licenced in class G 2. Minimum four years experience 3. Accompanying driver BAC <50mg/100 ml 4. Comply with all other requirements i.e. “X” condition – corrective lenses 10 Accompanying Driver I.D. • Police Officer may demand an accompanying driver in a vehicle driven by a novice driver to identify him/herself. • HTA 33(2) • Arrest Authority 33(3) • Identity can be verbal • “Correct name and address’ 11 Class “G2” Conditions 340/94 6(1) • Driver zero BAC at all times. • Only as many passengers as there are seat belts. • Between midnight and 5 AM no more than one passenger under age 20, other than a member of the driver’s immediate family. 12 G2 – Exceptions (340/94 – 6) Once you have had your G2 Licence for six months you may drive: - Between the hours of midnight 5AM, but not more than 3 passengers under age 20, other than members of the driver’s immediate familyO. Reg. 340/94 6(1.1) - If you have an accompanying driver, these conditions do not apply. 13 Police request for novice driver’s passenger’s identification • If the officer suspects that the novice driver is contravening the “between midnight and 5:00 AM no more than one passenger under age 20, other than a member of the driver’s immediate family” • A police officer may request that a passenger in a motor vehicle driven by a novice driver identify himself or herself HTA Sec 57.1.1 / Reg 340/94 sec 11.1 • NO ARREST authority. • Use for investigative and evidentiary purposes 14 G2– exemptions O.Reg.340/94-6(4) If the G2 driver is 20 years or older, OR If G2 driver has a “qualified accompanying driver” in front seat and only those two persons are in the front seat, the midnight to 5:00am conditions and limited number of passengers under 20 years of age do not apply. OReg 340/94 Sec 6(4) 15 “G1,G2,M1,M2” Suspension Registrar shall suspend upon conviction of violating novice condition. • 1st Offence - 30 day suspension • 2nd Offence – 90 day suspension • 3rd Offence – Licence cancelled – O.Reg 340/94 9(2) 16 Novice Charges NOTE: All novice charges are in regulation 340/94 except for the no alcohol and no drug condition, which is in HTA 44.1 and HTA 44.2 • Novice driver — B.A.C. above zero 44.1 (3) $85.00 • Novice driver – presence of drug 44.2(4) $85.00 (Applies to G1, G2, M1, M2) 17 Novice Charges – G1 • Class G1 licence holder – unaccompanied by qualified driver 5(1) $85.00 • Class G1 licence holder – accompanying driver’s B.A.C. .05 or above 5(1), para 2 $85.00 • Class G1 licence holder – carry front seat passenger 5(1), para 3 $85.00 • Class G1 licence holder – more passengers than seat belts 5(1), para 4 $85.00 • Class G1 licence holder – drive on prohibited highway 5(1), para 5 $85.00 18 Novice Charges – G2 • Class G2 licence holder –more passengers than seat belts 6(1), para 2 $85.00 • Class G2 licence holder (less than 6 months) – excess passengers under 20 6(1), para 3 $85.00 • Class G2 licence holder – more passengers than seat belts 6(1.1), para 2 $85.00 • Class G2 licence holder (6 months or more) – excess passengers under 20 6(1.1), para 3 $85.00 19 Novice/Young Driver No Alcohol Novice Driver: • Novice Driver-B.A.C. above zero HTA 44.1(3) $85.00 Young Driver (under 22 years): • Young Driver–B.A.C. above zero HTA 44.1(5) $85.00 Both offences will result in a 3, 7, or 30 day suspension. We will cover the suspension in more detail in a later class. 20 Novice/Young Driver No Drug Novice Driver: • Novice Driver- Presence of drug HTA 44.2(4) $85.00 Young Driver (under 22 years): • Young Driver – Presence of drug HTA 44.2(6) $85.00 Both offences will result in a 3,7,or 30 day suspension. We will cover the suspension in more detail in a later class. 21 3 Day Suspension for Commercial Drivers Alcohol or Drugs Commercial Drivers are defined by the type of Vehicle they are operating: Vehicles that require a class A-F drivers licence, vehicles that require a Commercial Vehicle Operators Registration (CVOR) and all Road Building Machines 22 3 Day Suspension for Commercial Drivers Alcohol or Drugs Commercial Driver • Zero Tolerance sanctions prohibiting commercial drivers from having a presence of drug or alcohol in their body as detected by a federally approved oral screening device or an approved alcohol breath screening device HTA 48.0.4, 48.2.2 • A presence of Drugs and/or Alcohol will result in a 3 day suspension. 23 Provincial Sanctions for Novice. Young, and Commercial Drivers BAC / DRUG TYPE OF VEHICLE 10mg - 49mg reading on Approved Screening Device (ASD) motor vehicle (highway) Novice Driver-BAC Above Zero Highway Traffic Act Sec 44.1(3) (Driver under 22 years old) 10mg - 49mg reading on ASD motor vehicle (highway) Young Driver – BAC Above Zero Highway Traffic Act Sec 44.1(5) Commercial Driver (operating a Commercial M/V) 10mg - 49mg reading on ASD Commercial Vehicle (see Below) Novice Driver (G1,G2,M1,M2) Presence of Drug on Approved Drug Screening Equipment (ADSE) motor vehicle (highway) (Driver under 22 years old) Presence of Drug on ADSE motor vehicle (highway) Commercial Driver (operating a Commercial M/V) Presence of Drug on ADSE Commercial Vehicle (See Below) Novice Driver (G1,G2,M1,M2) Young Driver Young Driver Charge N/A Tow Authority Suspension Upon Conviction HTA Sec 48.1(5) 3, 7, 30 Days Limited Tow Authority HTA Sec 48.1(11) HTA Sec 44.1(4) O Reg 340/94 Sec 9(2) (30days, 90 days, Cancelled) HTA Sec 48.2.1(10) 3, 7, 30 Days Limited Tow Authority HTA Sec 48.2.1(19) HTA Sec 44.1(5) (30days) HTA Sec 48.2.2(10) 3 Days Limited Tow Authority HTA Sec 48.2.2(17) Immediate D.L. Suspension Novice Driver – Presence of Drug Highway Traffic Act Sec 44.2(4) HTA Sec 48.0.2(2) 3, 7, 30 Days Young Driver – Presence of Drug Highway Traffic Act Sec 44.2(6) HTA Sec 48.0.3(2) 3, 7, 30 Days HTA Sec 48.0.4(2) 3 Days N/A N/A N/A N/A Limited Tow Authority HTA Sec 48.0.2(6) HTA Sec 44.2(5) O Reg 340/94 Sec 9(2) (30days, 90 days, Cancelled) Limited Tow Authority HTA Sec 48.0.3(6) HTA Sec 44.2(6) (30 Days) HTA Sec 44.2(3) HTA Sec 48.0.2(7) HTA Sec 44.2(3) HTA Sec 48.0.3(7) HTA Sec 48.0.4(6) Limited Tow Authority HTA Sec 48.0.4(5) Officers should exhaust any possibility of impairment prior to pursuing Provincial sanctions (including an SFST assessment prior to using the ADSE). Officers must have Reasonable Grounds to Suspect the driver has alcohol or a drug in his or her body prior to making a demand for the ASD, SFST, or ADSE. Except for Mandatory Alcohol Screening (MAS) Commercial Motor Vehicle: O Reg 419 / 15, Vehicles that require a Class A, B, C,D,E or F Licence or requires a CVOR, also includes a Road Building Machine. 24 N/A Medical Exception N/A Responsibility of Owners re: Novice Drivers No owner/possession or in control of a M/V or combination of vehicles SHALL permit a NOVICE DRIVER to drive on a highway while in contravention of condition or restrictions imposed upon Novice Driver by HTA or O. Regs. Permit novice driver to drive in contravention of condition or restriction 32 (11.1) HTA $200. SFW 25 Class “M” What type of vehicle can you operate on the authority of a Class M licence? • Motorcycle, motor assisted bicycle or limited speed motorcycle – O.Reg 340/94 - Table • May drive Class G1 motor vehicle for the purpose of receiving instruction – O.Reg 340/94 23(2) 26 Class “M1” Conditions • Motorcycle or Limited Speed motorcycle or Moped • Zero BAC / No Drugs HTA 44.1(1) / 44.2(1) • No Passengers • Cannot operate after dark (see O. Regulation) • Cannot operate on a highway with a posted speed limit in excess of 80 km/h – O.Reg 340/94 7 27 Class “M2” Conditions • Zero BAC / No Drugs – HTA 44.1(1) / HTA 44.2(1) • May drive Class G motor vehicle for instruction when accompanied by a qualified accompanying driver. – O.Reg 340/94 23(2) 28 Condition for 3 wheel M/C Motorcycle • with sidecar or, • 2 wheels in front –one in rear or, • 2 wheels in rear – one in front May drive Class M condition “M” Class M allows to drive anything M/C related 29 30 31 However • The piaggio mp3 – due to the front wheels being so close together is classified as a Class “M” motorcycle no conditions. 32 33 Limited Speed Motorcycles and Mopeds • Licensing requirements for small motorcycles and mopeds are listed in Traffic Reference Manual OPCVA • Licence class M with condition “L” 34 35 Licence Required (LSM) • • • • Class M1 Class M2 restriction L Class M restriction L LSM plate is green with white lettering, Moped plate is red with white lettering. 36 Electric Bicycles ( classified as bicycle) • • • • Turn to your Traffic Reference Manual. E- bikes Must be 16 years Must wear a helmet 37 38 Three wheeled vehicles (TWV) O. Regulation 28/16 • New 10 year pilot launched March 1st, 2016 allowing three wheeled vehicles to operate on Ontario’s roads. • TWV’s deemed to be a motor vehicle under HTA and require full “G” licence or higher • TWV’s for registration purposes deemed to be a Motor Cycle 39 Three wheeled vehicles (TWV) O. Regulation 28/16 • TWV’s require seat belts and use of approved motorcycle safety helmet • No passengers permitted that are classified as infants, toddlers or primary grade children • No side cars or trailers 40 Campagna T-REX and Polaris Slingshot Campagna T-Rex Polaris Slingshot 41 Common Offences Lets look at drivers licence charges: • Drive motor vehicle — no licence • Driver fail to surrender licence. • Drive motor vehicle — improper licence • Drive vehicle with air brakes — no endorsement • Fail to notify change of address. 42 Drivers Licence • • • • • • • Driver fail to give identification Novice driver- BAC above zero / presence of drug Young driver- BAC above zero / presence of drug Commercial driver-BAC above zero / presence of drug Use other person’s licence Permit unlicensed person to drive motor vehicle Possess more than one licence 43 NEXT PERIOD • Permits (ownership) • Charge of the day – BELL 44