Highway Traffic Act
Code de la route
ONTARIO REGULATION 340/94
DRIVERS’ LICENCES
Historical version for theperiod June 4, 2010 to July 31, 2010.
Last amendment: O.Reg. 205/10.
This Regulation is made in English only.
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CONTENTS
Sections1-4
Novice Licence Conditions / 5-11.1
Licences: General / 12-27
Novice Drivers’ Licences / 28-31., 32
Remedial Programs and Requirements to Reinstate Suspended Drivers’ Licences / 32.1-32.3-32.11
Miscellaneous / 33-36
1.(1)In this Regulation,
“air brakes” includes air over hydraulic brakes;
“corrective lenses” means lenses that correct visual acuity but does not include extraordinary optical devices that enhance or modify vision or that interfere with the horizontal visual field, such as telescopic lenses, prism lenses or sidebar prisms;
Note: On August 1, 2010, subsection (1) is amended by adding the following definition:
“Demerit Point Regulation” means Ontario Regulation 339/94 (Demerit Point System) made under the Act;
See: O.Reg. 205/10, ss.1 (1), 13 (2).
“fully licensed driver” means a person authorized to drive a class of motor vehicle on a highway and who, while operating a vehicle of that class, is not subject to novice conditions or classed as a probationary driver;
Note: On August 1, 2010, the definition of “fully licensed driver” is amended by striking out “or classed as a probationary driver” at the end. See: O.Reg. 205/10, ss.1 (2), 13 (2).
“level 1 exit test” means a test designed to demonstrate a person’s ability to drive a Class G1 or M1 motor vehicle safely;
“level 2 exit test” means a test designed to demonstrate a person’s ability to drive a Class G2 or M2 motor vehicle at a level beyond the minimum standard required to qualify for a Class G2 or M2 driver’s licence;
“limited-speed motorcycle” means,
(a)a motorcycle that,
(i)has sufficient power to attain a rate of speed of more than 32 kilometres per hour on level ground within a distance of 1.6 kilometres from a standing start,
(ii)has a maximum attainable speed of 70 kilometres per hour or less, measured in accordance with International Organization for Standardization standard ISO 7117:1995 entitled “Motorcycles ― Measurement of Maximum Speed”,
(iii)has steering handlebars that are completely restrained from rotating in relation to the axle of only one wheel in contact with the ground,
(iv)has a minimum seat height, when unladen, of 650 millimetres,
(v)has a minimum wheel rim diameter of 250 millimetres and a minimum wheelbase of 1,016 millimetres, and
(vi)has an engine displacement of 50 cubic centimetres or less, or
(b)a motorcycle manufactured on or after September 1, 1988 to which the manufacturer has affixed a compliance label pursuant to section 6 of the Motor Vehicle Safety Regulationsunder the Motor Vehicle Safety Act(Canada) that identifies the motor vehicle as a limited-speed motorcycle and that continues to meet the requirements for a limited-speed motorcycle that were in force at the time that the motorcycle was manufactured;
“novice driver” means a person classed as such under section 29;
“registered gross weight” means the weight for which a permit has been issued under the Act, the fee for which is based on the weight of the vehicle or combination of vehicles and load;
“school purposes bus” means a school bus as defined in subsection 175 (1) of the Act or any other bus operated by or under contract with a school board or other authority in charge of a school while they are being used to transport adults with a developmental disability or children;
“spouse” has the same meaning as in Part III of the Family Law Act;
“valid driver’s licence” means a driver’s licence that is not expired, cancelled or under suspension. O.Reg. 340/94, s.1(1); O.Reg. 89/00, s.1; O.Reg. 67/02, s.1(1); O.Reg. 83/05, s.1; O.Reg. 355/05, s.1; O.Reg. 597/05, s.1.
(2)A reference in this Regulation to the expressions “children”, “developmental disability” and “school” is a reference to those expressions as defined in subsection 175(1) of the Act. O.Reg. 340/94, s.1(2); O.Reg. 67/02, s.1(2).
(3)A reference in this Regulation to the expressions “accumulated demerit points” and “probationary driver” is a reference to those expressions as defined in Ontario Regulation 339/94. O.Reg. 340/94, s.1(3).
Note: On August 1, 2010, subsection (3) is revoked and the following substituted:
(3)A reference in this Regulation to the expression “accumulated demerit points” is a reference to that expression as defined in the Demerit Point Regulation. O.Reg. 205/10, s.1 (3).
See: O.Reg. 205/10, ss.1 (3), 13 (2).
(4)For the purposes of this Regulation, time that is not continuous may be included in determining the length of time a person has held a driver’s licence. O.Reg. 340/94, s.1(4).
2.(1)Subject to subsection (6) and sections 3, 5, 6, 7, 8 and 25, a driver’s licence of the class prescribed in Column 1 of the Table is authority to drive a motor vehicle of the corresponding class prescribed in Column 2 and the classes of motor vehicles prescribed in Column 3.
TABLE
Column 1 / Column 2 / Column 3Class of Licence / Class of Motor Vehicle / Other Classes of Motor Vehicle the Driving of which is Authorized
Class A / Class A — any combination of a motor vehicle and towed vehicles where the towed vehicles exceed a total gross weight of 4,600 kilograms, but not a bus carrying passengers / Class D and G
Class B / Class B — any school purposes bus having a designed seating capacity for more than 24 passengers / Class C, D, E, F and G
Class C / Class C — any bus having a designed seating capacity for more than 24 passengers, but not a school purposes bus carrying passengers / Class D, F and G
Class D / Class D — any motor vehicle exceeding 11,000 kilograms gross weight or registered gross weight, and any combination of a motor vehicle exceeding a total gross weight or registered gross weight of 11,000 kilograms and towed vehicles not exceeding a total gross weight of 4,600 kilograms, but not a bus carrying passengers / Class G
Class E / Class E — any school purposes bus having a designed seating capacity for not more than 24 passengers / Class F and G
Class F / Class F — any ambulance, and any bus having a designed seating capacity for not more than 24 passengers, but not a school purposes bus carrying passengers / Class G
Class G / Class G — any motor vehicle not exceeding 11,000 kilograms gross weight or registered gross weight and any combination of a motor vehicle not exceeding a total gross weight or registered gross weight of 11,000 kilograms and towed vehicles where the towed vehicles do not exceed a total gross weight of 4,600 kilograms, but not,
(a)a motorcycle or motor assisted bicycle;
(b)a bus carrying passengers; or
(c)an ambulance in the course of providing ambulance service as defined in the Ambulance Act
Class G1 / Class G1 — any motor vehicle in Class G and any combination of a motor vehicle in Class G and towed vehicles, except,
(a)Class D farm vehicles deemed to be Class G vehicles under subsection 2(3);
(b)Class F vehicles deemed to be Class G vehicles under subsection 2 (4);
(c)a vehicle equipped with air brakes
Class G2 / Class G2 — any motor vehicle in Class G and any combination of such a vehicle and towed vehicles, except a vehicle equipped with air brakes
Class M / Class M — a motorcycle, including a limited-speed motorcycle, and a motor assisted bicycle / subject to Class G1 conditions, any motor vehicle in Class G1 and any combination of such a vehicle and towed vehicles
Class M1 / Class M — a motorcycle, including a limited-speed motorcycle, and a motor assisted bicycle
Class M2 / Class M — a motorcycle, including a limited-speed motorcycle, and motor assisted bicycle / subject to Class G1 conditions, any motor vehicle in Class G1 and any combination of such a vehicle and towed vehicles
O.Reg. 340/94, s.2(1); O.Reg. 83/05, s.2; O.Reg. 597/05, s.2; O.Reg. 110/08, s.1.
(2)A Class D or G motor vehicle that is designed and used as a tow truck shall be deemed not to be a Class A motor vehicle when it is towing a disabled or unsafe motor vehicle or trailer on a highway. O.Reg. 340/94, s.2(2).
(3)A Class D motor vehicle shall be deemed to be a Class G motor vehicle if,
(a)it is owned or leased by a farmer and used for his or her personal transportation or the transportation of farm products, supplies or equipment without compensation to or from a farm; and
(b)the fee paid for the vehicle permit was determined under Schedule 2 to Regulation 628 of the Revised Regulations of Ontario, 1990. O.Reg. 340/94, s.2(3).
(4)A Class F motor vehicle shall be deemed to be a Class G motor vehicle when being operated by,
(a)a police officer in the performance of police duties; or
(b)a peace officer who, in the course of his or her duties, is transporting prisoners or other persons held in custody. O.Reg. 340/94, s.2(4).
(5)A Class F motor vehicle, other than an ambulance or car pool vehicle as defined in the Public Vehicles Act, with a designed seating capacity for not more than 11 passengers that is used for personal purposes without compensation shall be deemed to be a Class G motor vehicle. O.Reg. 340/94, s.2(5).
(6)No driver’s licence provides authority to drive a motor vehicle equipped with air brakes unless the licence bears an air brake endorsement. O.Reg. 340/94, s.2(6).
3.The Minister may, based on the results of an examination under clause 15 (1) (b) or (c), including the combination of vehicles driven during the examination by the holder of or applicant for a Class A driver’s licence, impose a condition on the person’s Class A driver’s licence that the person not drive,
(a)a combination of vehicles that constitutes a Class A vehicle consisting of a motor vehicle and more than one trailer; or
(b)a combination of vehicles that constitutes a Class A vehicle consisting of,
(i)a motor vehicle, and
(ii)a single trailer that is equipped with air brakes. O.Reg. 110/08, s.2.
4.Revoked: O.Reg. 83/05, s.3.
Novice Licence Conditions
5.(1)The holder of a Class G1 driver’s licence may drive a Class G1 motor vehicle on a highway if a holder of a Class A, B, C, D, E, F or G driver’s licence or its equivalent authorizing the holder to drive the motor vehicle, who qualifies as an accompanying driver, occupies the seat beside the driver for the purpose of giving him or her instruction in driving the motor vehicle and the following additional conditions are met:
1.The novice driver’s blood alcohol concentration must be zero at all times while he or she is operating the motor vehicle.
Note: On the day section 14 of the Road Safety Act, 2009 comes into force, paragraph 1 is revoked. See: O.Reg. 205/10, ss.2 (1), 13 (3).
2.The accompanying driver’s blood alcohol concentration must be less than 50 milligrams of alcohol in 100 millilitres of blood while the novice driver is operating the motor vehicle.
3.No person other than the novice driver and the accompanying driver shall occupy a front seat in the motor vehicle.
4.The number of passengers in the seats other than the front seats of the motor vehicle must not exceed the number of operable seat belt assemblies in those other seats.
5.The motor vehicle may not be driven on a highway designated by subsection (4).
6.The motor vehicle may not be driven by the novice driver between midnight and 5 a.m. O.Reg. 340/94, s.5(1).
(2)A person is qualified to act as an accompanying driver if he or she,
(a)is a fully licensed driver in a Class G motor vehicle;
(b)has been licensed in Ontario or another jurisdiction for at least four years except if the person is licensed as a driving instructor in Ontario; and
Note: On August 1, 2010, clause (b) is amended by striking out “except if the person is licensed as a driving instructor in Ontario”. See: O.Reg. 205/10, ss.2 (2), 13 (1).
(c)meets the applicable requirements of the Act and the regulations, including any requirement to wear corrective lenses but not including any requirement for any special or modified controls applicable to the accompanying driver’s licence. O.Reg. 340/94, s.5(2); O.Reg. 83/05, s.4.
(3)A person licensed as a driving instructor in Ontario is qualified to act as an accompanying driver although the instructor has not held a driver’s licence for at least four years, as long as the instructor meets the requirements of the Act and its regulations applicable to him or her as a driver of the class of motor vehicle in which the instructor is acting as an accompanying driver. O.Reg. 340/94, s.5(3).
Note: On August 1, 2010, subsection (3) is revoked. See: O.Reg. 205/10, ss.2 (3), 13 (1).
(4)The following highways are designated for the purposes of paragraph 5 of subsection (1):
1.Those parts of the King’s Highway known as Nos. 400, 400A, 401, 402, 403, 404, 405, 406, 407, 409, 410, 416, 417, 420 and 427 with posted speed limits greater than 80 kilometres per hour.
2.All of the King’s Highway known as the Queen Elizabeth Way.
3.Those parts of the highway known as the Don Valley Parkway, the Gardiner Expressway and the E. C. Row Expressway.
4.That part of the King’s Highway known as the Conestoga Parkway from its westerly limit at its intersection with the King’s Highway known as Nos. 7 and 8 to its northerly limit at its intersection with the King’s Highway known as No. 86. O.Reg. 340/94, s.5(4); O.Reg. 149/97, s.1.
(5)Paragraph 5 of subsection (1) does not apply if the accompanying driver is a driving instructor licensed in Ontario. O.Reg. 340/94, s.5(5).
(6)Subsection (1) does not apply to the driving of a motor assisted bicycle. O.Reg. 340/94, s.5(6).
6.(1)The holder of a Class G2 driver’s licence may drive a Class G2 motor vehicle on a highway subject to the following conditions:
1.The novice driver’s blood alcohol concentration must be zero at all times while he or she is operating the motor vehicle.
Note: On the day section 14 of the Road Safety Act, 2009 comes into force, paragraph 1 is revoked. See: O.Reg. 205/10, ss.3 (1), 13 (3).
2.The number of passengers in the motor vehicle must not exceed the number of operable seat belt assemblies installed in it.
3.Between the hours of midnight and 5 a.m., there must not be more than one passenger in the motor vehicle who is under the age of 20, other than a person who is a member of the novice driver’s immediate family. O.Reg. 340/94, s.6(1); O.Reg. 196/05, s.1(1).
(1.1)Despite subsection (1), the holder of a Class G2 driver’s licence who has held a valid G2 driver’s licence for at least six months may drive a Class G2 motor vehicle on a highway subject to the following conditions:
1.The novice driver’s blood alcohol concentration must be zero at all times while he or she is operating the motor vehicle.
Note: On the day section 14 of the Road Safety Act, 2009 comes into force, paragraph 1 is revoked. See: O.Reg. 205/10, ss.3 (2), 13 (3).
2.The number of passengers in the motor vehicle must not exceed the number of operable seat belt assemblies installed in it.
3.Between the hours of midnight and 5 a.m., there must not be more than three passengers in the motor vehicle who are under the age of 20, other than a person who is a member of the novice driver’s immediate family. O.Reg. 196/05, s.1(2).
(2)Subsections (1) and (1.1) do not apply to the driving of a motor assisted bicycle. O.Reg. 196/05, s.1(3).
(3)For the purpose of subsection (1.1), the requirement that a novice driver has held a valid G2 licence for at least six months means that, at the time the novice driver is driving, he or she held a valid G2 licence for at least the immediately preceding six months. O.Reg. 196/05, s.1(4).
(4)Paragraph 3 of subsection (1) and paragraph 3 of subsection (1.1) do not apply to,
(a)a novice driver who is at least 20 years old; or
(b)any novice driver if a person who qualifies as an accompanying driver, as described in subsection 5 (2), and who meets the condition for an accompanying driver as set out in paragraph 2 of subsection 5 (1), occupies the seat beside the driver and no person other than the novice driver and the accompanying driver occupies a front seat in the motor vehicle. O.Reg. 196/05, s.1(4).
(5)The age distinctions in paragraph 3 of subsection (1), paragraph 3 of subsection (1.1) and clause (4) (a) apply despite the Human Rights Code. O.Reg. 196/05, s.1(4).
(6)In paragraph 3 of subsection (1) and paragraph 3 of subsection (1.1), immediate family includes the novice driver’s guardian and immediate family who are related by blood, marriage, conjugal relationship outside marriage or adoption. O.Reg. 196/05, s.1(4).
7.The holder of a Class M1 driver’s licence may drive a motorcycle on a highway subject to the following conditions:
1.The novice driver’s blood alcohol concentration must be zero at all times while he or she is operating the motorcycle.
Note: On the day section 14 of the Road Safety Act, 2009 comes into force, paragraph 1 is revoked. See: O.Reg. 205/10, ss.4, 13 (3).
2.The motorcycle may only be driven from one-half hour before sunrise to one-half hour after sunset.
3.No passenger may be carried on the motorcycle.
4.The motorcycle may not be driven on a highway with a speed limit in excess of 80 kilometres per hour other than those parts of the King’s Highway known as Nos. 11, 17, 61, 69, 71, 101, 102, 144 and 655. O.Reg. 340/94, s.7.
8.The holder of a Class M2 driver’s licence may drive a motorcycle on a highway if the novice driver’s blood alcohol concentration is zero at all times while he or she is operating the motorcycle. O.Reg. 340/94, s.8.
Note: On the day section 14 of the Road Safety Act, 2009 comes into force, section 8 is revoked. See: O.Reg. 205/10, ss.5, 13 (3).
9.(1)The Registrar shall, after giving notice, suspend the driver’s licence of a person who is convicted of violating any of the conditions specified in section 5, 6, 7 or 8. O.Reg. 340/94, s.9(1).
(2)The Registrar shall state the effective date of the licence suspension in the notice. O.Reg. 340/94, s.9(2).
(3)The period of licence suspension is concurrent with the unexpired portion of any other licence suspension under this or any other authority. O.Reg. 340/94, s.9(3).
(4)A licence suspended under subsection (1) shall not be reinstated until 30 days have elapsed from the date the licence is surrendered on account of the suspension or two years have elapsed from the date the licence is suspended, whichever occurs first. O.Reg. 340/94, s.9 (4).
(5)Revoked: O.Reg. 125/01, s.1.
Note: On the later of the day section 14 of the Road Safety Act, 2009 comes into force and the day subsection 26 (1) of the Road Safety Act, 2009 comes into force, section 9 is revoked and the following substituted:
9.(1)The Registrar shall, after giving notice, suspend or cancel the driver’s licence of a novice driver as provided in subsection (2) in the following circumstance:
1.The novice driver is convicted of any of the offences described in subsection (3). O.Reg. 205/10, s.6.
(2)Subject to subsections (4) and 10 (5), the Registrar shall,
(a)upon a novice driver’s first conviction for any of the offences, suspend the driver’s licence of the person for 30 days;
(b)upon a novice driver’s second conviction for any of the offences, suspend the driver’s licence of the person for 90 days; and
(c)upon a novice driver’s third conviction for any of the offences, cancel the driver’s licence of the person. O.Reg. 205/10, s.6.
(3)Subsection (1) applies with respect to any of the following offences:
1.An offence under subsection 44.1 (3) of the Act.
2.A contravention of any of the conditions specified in section 5, 6 or 7 of this Regulation.
3.An offence under the Act set out in Column 1 of the Table to the Demerit Point Regulation for which the number of demerit points set out opposite thereto in Column 2 is four or more, regardless of whether or not demerit points have been recorded.
4.An offence under subsection 216 (3) of the Act. O.Reg. 205/10, s.6.