There have been some recent changes to the Highway Traffic Act that have been passed and are now awaiting proclamation by the Lieutenant Governor.  A lot of them have to do with the upcoming introduction of the Cannabis Act, 2017.  But, there are a couple of other provisions that have been squeezed in that will significantly impact Ontario drivers.

Stronger Penalties for Distracted Driving

The current penalty for distracted driving (display screens like DVD players and laptop computers, or using your cell phone while driving) is a minimum $300 fine to a maximum of $1000, plus 3 demerit points.  The Ontario Government has increased fines and penalties.

1. For a first offence, the minimum fine is $500 and the maximum fine is $1000;
   • in addition, your driver’s license will be suspended for 3 days;
2. For the first subsequent offence, the minimum fine is $500 and the maximum fine is $2000;
   • in addition, your driver’s license will be suspended for 7 days;
3. For the second subsequent offence or additional subsequent offence, the minimum fine is $500 and the maximum fine is $3000;
   • in addition, your driver’s license will be suspended for 30 days;
4. A ‘subsequent offence’ means that you have been convicted of the same offence within the past 5 years.

As you can see, accepting a guilty plea is not really an option anymore.  If you are convicted under s. 78 or s. 78.1 of the Highway Traffic Act, you will lose your license on the spot.  You need to have proper representation.

Stronger Penalties for Careless Driving

The current penalty for Careless Driving under s. 130 of the Highway Traffic Act is a minimum fine of $400, a maximum fine of $2000.  Depending on the severity of the circumstances, you can be imprisoned up to 6 months in jail, and you might face a license suspension of not more than 2 years.  If you are considering demerit points, you will get 6 on conviction.  This will remain the same in the amendment to Careless Driving, but the Ontario Government has added “Careless Driving Causing Bodily Harm or Death”.  Here are the relevant sections:

Penalty

(4) On conviction under subsection (3), a person is liable to a fine of not less than $2,000 and not more than $50,000 or to imprisonment for a term of not more than two years, or to both, and in addition to his or her driver’s licence or permit may be suspended for a period of not more than five years.

Deemed lack of reasonable consideration

(5)  For the purposes of subsections (1) and (3), a person is deemed to drive without reasonable consideration for other persons using the highway if he or she drives in a manner that may limit his or ability to prudently adjust to changing circumstances on the highway.

Sentencing–aggravating factor

(6) A court that imposes a sentence for an offence under subsection (3) shall consider as an aggravating factor evidence that bodily harm or death was caused to a person who, in the circumstances of the offence, was vulnerable to a lack of due care and attention or reasonable consideration by a driver, including by virtue of the fact that the person was a pedestrian or cyclist.

Consequences

This is a big step by the Legislature.  Not only are the fines bigger and the possible suspension longer, the criteria as to what constitutes “Careless Driving” has changed.  “Lack of reasonable consideration” (in my opinion) will now include things like not slowing down in a snowstorm or rainy conditions.  Before these amendments, Careless Driving did not mean that we have to drive perfectly in all weather conditions.  There was some leeway.  Now it will be different.  My interpretation of this section is that defendants will have weather conditions as an aggravating factor in a finding of guilt against a someone convicted of Careless Driving.  Time will tell to see the real effect of subsection (5) of this amendment.

Also, for the first time, the vulnerability of the victim will also be considered by the court.  We will have to see what happens until cases and appeals work their way through the legal system, but a victim in a Careless Driving accident will be punished more severely if they are a pedestrian or a cyclist.  I suspect that we will see an uptick in Careless Driving Causing Bodily Harm or Death if the accident occurs at a crosswalk.  I also suspect that there will be more convictions of crosswalk penalties as a plea bargain to this new Careless Driving charge.  You should be talking to a paralegal if you are ever faced with this charge.

Stronger Protections for Pedestrians at Crosswalks

Back in 2015, there were amendments to parts of the Highway Traffic Act that dealt with pedestrian crosswalks.  Generally, the fines were a minimum of $150 and a maximum of $500.  Demerit points are 3 points each for the following infractions:

1. Fail to yield to pedestrian on roadway;
2. Fail to yield to pedestrian (at a controlled intersection); and
3. Fail to obey school crossing stop sign.

Now the penalties are graduated and increased.

1. For a first offence, the minimum fine is $300 and the maximum fine is $1,000.
2. For a subsequent offence, the minimum fine is $500 and the maximum fine is $1,000.
3. A ‘subsequent offence’ means that you have been convicted of the same offence within the last 5 years.

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Although these amendments are not yet in effect, they will be very soon.  If you have been charged with one of these offences, contact me to schedule an appointment to review your case