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Provincial Offences

What are the penalties for stunt driving in Ontario?

Last updated October 7, 2026.

Stunt driving in Ontario is an offence under section 172 of the Highway Traffic Act. At the roadside, police suspend your licence for 30 days and impound the vehicle for 14 days. If you are convicted, the fine is $2,000 to $10,000, jail of up to six months is possible, your licence is suspended for at least one year on a first conviction, and 6 demerit points are recorded.

Stunt driving is a provincial offence prosecuted in the Ontario Court of Justice under the Provincial Offences Act, not a Criminal Code charge, and it is within the scope of a licensed paralegal. Our page on provincial offences and traffic charges explains how Carson Frankum, a licensed paralegal in Hamilton, helps people facing charges like this one.

What counts as stunt driving?

Section 172(1) of the Highway Traffic Act says no person shall drive a motor vehicle on a highway "in a race or contest, on a bet or wager or while performing a stunt." The words race, contest and stunt are defined in Ontario Regulation 455/07. The definition people know best is speed, but it is only one of several.

  • Speed: driving 40 km/h or more over the limit where the limit is under 80 km/h, 50 km/h or more over where the limit is 80 km/h or more, or 150 km/h or more anywhere (O. Reg. 455/07, s. 3, paragraphs 7, 7.0.1 and 7.1).
  • Loss of control or traction: driving in a way that shows an intention to lift tires off the road (including a wheelie), to make tires lose traction while turning, or to spin or circle the vehicle without control.
  • Dangerous positioning: staying in the oncoming lane beside another vehicle longer than needed to pass, driving with someone in the trunk, or driving while not in the driver's seat.
  • Driving at others: without due care, blocking another vehicle from passing, stopping or slowing to cut another vehicle off, or driving as close as possible to another vehicle, pedestrian or fixed object without justification.
  • Beating oncoming traffic on a green: a left turn made from a red light, timed to get ahead of the oncoming vehicle as both directions turn green (paragraph 8(iv)).
  • Racing and contests: two or more vehicles at a marked departure from the lawful speed in a way that shows competition, chasing another vehicle, or weaving through traffic at that kind of speed (section 2).

Some behaviours also apply in a parking lot or similar "specified place," including chasing another vehicle and the wheelie, traction, spin, trunk and driver's seat stunts (section 5). The speed-based definitions are tied to highways.

What happens after a stunt driving stop, step by step?

  1. The roadside suspension. If an officer believes on reasonable and probable grounds that you drove in breach of section 172(1), the officer must ask for your licence. Your licence is suspended for 30 days from that moment, whether or not you hand it over (s. 172(8), (9)).
  2. The impound. The vehicle is detained and impounded for 14 days at the owner's cost and risk (s. 172(10)). The impound facility does not have to release it until the towing and storage costs are paid (s. 172(13)).
  3. The notices. The officer gives you a notice of suspension and a notice of impoundment, and a copy of the impound notice goes to the registered owner (s. 172(15) to (17)).
  4. The charge. Separately from the roadside steps, you are charged with the offence itself. A Part I ticket caps the fine at $1,000 and removes jail (Provincial Offences Act, s. 12), so a prosecution seeking the full stunt driving penalties proceeds under Part III, which means a court process rather than a ticket you simply pay. Our page on what a Part III summons means explains that process.
  5. Disclosure and court dates. You or your representative ask the prosecutor for the evidence (the officer's notes, any speed measuring device records and video), then decide whether to resolve the charge or go to trial.
  6. Resolution or trial. The charge ends with a withdrawal, a plea to the charge or to another offence, or a trial. For charges laid in Hamilton, our page on the Hamilton provincial offences court explains where the case is heard.

The roadside suspension and impound happen because of the officer's belief, not because of a conviction. There is no appeal from them and no right to be heard before them (s. 172(18)), and they do not replace the court case (s. 172(21)).

What penalties apply on conviction?

Stunt driving penalties under Highway Traffic Act s. 172 (current consolidated text)
StagePenaltySource
Roadside30-day licence suspensions. 172(9)
Roadside14-day vehicle impound, owner pays towing and storages. 172(10), (13)
Any convictionFine of $2,000 to $10,000, or up to six months in jail, or boths. 172(2)
First convictionLicence suspended for at least one year; court may extend up to three yearss. 172(3)(a), (5)(a)
Second convictionLicence suspended for at least three years; court may extend up to 10 yearss. 172(3)(b), (5)(b)
Third or later convictionLicence suspended indefinitely (the Registrar may reduce it in prescribed cases, but not after a fourth or later conviction)s. 172(3)(c), (4)
Driving record6 demerit points, recorded even though a suspension is imposedO. Reg. 339/94, Table item 3 and s. 3(1)

These suspension rules come from amendments made by the Safer Roads and Communities Act, 2024, and they appear in the current consolidated Highway Traffic Act on Ontario e-Laws (current to October 2, 2026). If your offence date is older, ask which version of section 172 applies to your charge.

What changes the answer?

The exact definition charged

Each definition in Regulation 455/07 has its own elements. A speed-based stunt depends on the posted limit and the measured speed, while the loss-of-traction or "driving at others" definitions depend on what the driver's conduct shows about intention. The evidence that matters is different for each one.

Earlier stunt convictions

Whether a conviction is a first, second or third depends only on the order of convictions (s. 172(7)). A conviction more than 10 years after the previous one counts as a first (s. 172(7.1)), but if a later conviction falls within 10 years, all earlier convictions not followed by a 10-year clean period are counted (s. 172(7.2)).

The court's view of public safety

The minimum suspensions are fixed, but the court can extend them where it considers that proper and desirable for the protection of the public (s. 172(5)). Your driving record and the circumstances of the stop can matter here.

A plea to a different offence

Some stunt charges end with a plea to another Highway Traffic Act offence, such as speeding or careless driving, each with its own penalties. Whether that is possible depends on the prosecutor and the evidence. A speeding conviction at 50 km/h or more over carries 6 points but none of the section 172 suspensions, as our page on speeding fines explains.

Your licence type

Novice drivers face additional escalating suspensions for offences worth 4 or more demerit points, according to the Ministry's guide to demerit points. Our page on tickets for G1 and G2 drivers covers those rules. Section 172 also applies to a licence issued by another jurisdiction (s. 172(24)).

Time to trial

Section 11(b) of the Canadian Charter of Rights and Freedoms gives anyone charged with an offence the right to be tried within a reasonable time. Long delays in a Provincial Offences Act case can be raised in court, as our page on delay and the Charter explains.

A worked example

For example, imagine a Hamilton driver named Marcus, 24, with a full G licence and a clean record. He is stopped on a road posted at 60 km/h and the officer says he was travelling 102 km/h, which is 42 km/h over. Because the limit is under 80 km/h and he was 40 or more over, the officer treats it as a stunt. Marcus's licence is suspended for 30 days on the spot, and his parents' car, which he was driving, is towed and impounded for 14 days. His parents must pay the towing and storage before the car is released, and section 172(19) lets them sue him to recover those costs. A claim of that size could be brought in Small Claims Court.

Marcus is charged under section 172. If he is convicted, the minimum fine is $2,000, his licence is suspended for at least one more year, and 6 demerit points go on his record. Before deciding anything, he asks for disclosure: the officer's notes, how the speed was measured and the device's testing records. What he does next depends on that evidence, and it may include a discussion with the prosecutor about the charge or a trial.

Common mistakes after a stunt driving charge

  • Driving during the 30-day roadside suspension. That is a separate charge of driving while suspended, with a minimum fine of $1,000 and another six-month suspension on conviction (s. 53).
  • Treating it like a speeding ticket. The fine range, the one-year minimum suspension and the 6 points make this one of the most serious charges in the Highway Traffic Act.
  • Missing the court date. If you do not appear after being served with a summons, the court can hear the case without you or adjourn it and issue a warrant for your arrest (Provincial Offences Act, s. 54).
  • Not asking for disclosure. The details of how the speed was measured or what the officer observed are the core of the case.
  • Forgetting the owner. If the car belongs to a parent, partner or employer, they carry the impound costs and may hold the driver responsible for them.
  • Waiting too long to get advice. Decisions about disclosure, resolution and trial dates are easier to make early.

What to do this week

  1. Keep every document the officer gave you: the notice of suspension, the notice of impoundment and the summons or offence notice.
  2. Write down your own account of the stop while you remember it: the road, the posted limit, traffic, weather and what the officer said. Our article on your rights during a traffic stop in Ontario may help you think back through it.
  3. Do not drive until the 30-day roadside suspension has ended, and check your licence status before you drive again.
  4. Recover the vehicle once the 14 days end; tell the owner if it is not your car.
  5. Note your first court date and who must attend.
  6. Speak to a licensed paralegal about requesting disclosure and the options for your charge.

Frequently asked questions

Is stunt driving a criminal offence in Ontario?

No. Stunt driving under section 172 is a provincial offence under the Highway Traffic Act, prosecuted under the Provincial Offences Act. A conviction is not a Criminal Code conviction, although the penalties are heavy.

Can I get my car back before the 14 days are up?

Generally no. A police officer can release the vehicle early only if satisfied it was stolen when it was driven (s. 172(12)), and the facility can hold it until the towing and storage costs are paid.

Can I appeal the 30-day roadside suspension?

There is no appeal from the roadside licence suspension or the vehicle impound, and no right to a hearing before them (s. 172(18)). The court case on the charge itself is a separate process where you can defend yourself.

How many demerit points is stunt driving?

Six. Racing and stunts under section 172 are listed at 6 points in the table to Regulation 339/94, and since an amendment by O. Reg. 281/25 those points are recorded even though the conviction carries a licence suspension. Our page on demerit points explains what that does to your total.

Does stunt driving apply in a parking lot?

Some of it does. Regulation 455/07 applies certain race and stunt definitions to a "specified place," which the Act uses for places like parking lots. The speed-based definitions are tied to highways.

Can a licensed paralegal handle a stunt driving charge?

Yes. A stunt driving charge is prosecuted in the Ontario Court of Justice under the Provincial Offences Act, which is within the scope of practice the Law Society of Ontario sets for licensed paralegals (By-Law 4, s. 6). An appeal from a justice of the peace also goes to the Ontario Court of Justice, but an appeal from a provincial judge's decision goes to the Superior Court of Justice (Provincial Offences Act, s. 116), where you would need a lawyer.

Sources

Need help with a provincial offence? Contact us today for legal support.

This page gives general information about Ontario law, not legal advice for your situation. Cheddar Paralegal PC is a paralegal firm licensed by the Law Society of Ontario; licensed paralegals can help only with matters the Law Society allows paralegals to handle.

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