O. Reg. 455/07: RACES, CONTESTS AND STUNTS

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Highway Traffic Act

ONTARIO REGULATION 455/07

Races, Contests and Stunts

Consolidation Period: From September 12, 2021 to the e-Laws currency date.

Last amendment: 598/21.

Legislative History: 406/08, 175/09, 360/11, 320/19, 410/21, 598/21.

This is the English version of a bilingual regulation.

1. Revoked:  O. Reg. 406/08, s. 1.

Definition, “race” and “contest”

2. (1) For the purposes of section 172 of the Act, “race” and “contest” include any activity where one or more persons engage in any of the following driving behaviours:

1. Driving two or more motor vehicles at a rate of speed that is a marked departure from the lawful rate of speed and in a manner that indicates the drivers of the motor vehicles are engaged in a competition.

2. Driving a motor vehicle in a manner that indicates an intention to chase another motor vehicle.

3. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,

i. driving a motor vehicle at a rate of speed that is a marked departure from the lawful rate of speed,

ii. outdistancing or attempting to outdistance one or more other motor vehicles while driving at a rate of speed that is a marked departure from the lawful rate of speed, or

iii. repeatedly changing lanes in close proximity to other vehicles so as to advance through the ordinary flow of traffic while driving at a rate of speed that is a marked departure from the lawful rate of speed.  O. Reg. 455/07, s. 2 (1).

(2) In this section,

“marked departure from the lawful rate of speed” means a rate of speed that may limit the ability of a driver of a motor vehicle to prudently adjust to changing circumstances on the highway.  O. Reg. 455/07, s. 2 (2).

Definition, “stunt”

3. For the purposes of section 172 of the Act, “stunt” includes any activity where one or more persons engage in any of the following driving behaviours:

1. Driving a motor vehicle in a manner that indicates an intention to lift some or all of its tires from the surface of the highway, including driving a motorcycle with only one wheel in contact with the ground, but not including the use of lift axles on commercial motor vehicles.

2. Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning.

3. Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle, without maintaining control over it.

4. Driving two or more motor vehicles side by side or in proximity to each other, where one of the motor vehicles occupies a lane of traffic or other portion of the highway intended for use by oncoming traffic for a period of time that is longer than is reasonably required to pass another motor vehicle.

5. Driving a motor vehicle with a person in the trunk of the motor vehicle.

6. Driving a motor vehicle while the driver is not sitting in the driver’s seat.

7. Driving a motor vehicle at a rate of speed that is 40 kilometres per hour or more over the speed limit, if the speed limit is less than 80 kilometres per hour.

7.0.1 Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit, if the speed limit is 80 kilometres per hour or more.

7.1 Driving a motor vehicle at a rate of speed that is 150 kilometres per hour or more.

8. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,

i. driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,

ii. stopping or slowing down a motor vehicle in a manner that indicates the driver’s sole intention in stopping or slowing down is to interfere with the movement of another vehicle by cutting off its passage on the highway or to cause another vehicle to stop or slow down in circumstances where the other vehicle would not ordinarily do so,

iii. driving a motor vehicle in a manner that indicates an intention to drive, without justification, as close as possible to another vehicle, pedestrian or fixed object on or near the highway, or

iv. making a left turn where,

(A) the driver is stopped at an intersection controlled by a traffic control signal system in response to a circular red indication;

(B) at least one vehicle facing the opposite direction is similarly stopped in response to a circular red indication; and

(C) the driver executes the left turn immediately before or after the system shows only a circular green indication in both directions and in a manner that indicates an intention to complete or attempt to complete the left turn before the vehicle facing the opposite direction is able to proceed straight through the intersection in response to the circular green indication facing that vehicle.  O. Reg. 455/07, s. 3; O. Reg. 320/19, s. 1; O. Reg. 410/21, s. 1.

Exceptions

4. (1) Despite section 2, “race” and “contest” do not include,

(a) a rally, navigational rally or similar event that is conducted,

(i) under the supervision of the Canadian Association of Rally Sport,

(ii) under the supervision of a club or association approved in writing by the Ministry, or

(iii) with the written approval of the road authority or road authorities having jurisdiction over the highway or highways used;

(b) motor vehicle owners engaged in a tour, scenic drive, treasure hunt or other similar motoring event in which the participants drive responsibly and in a manner that indicates an overall intention to comply with the provisions of the Act; or

(c) an event held on a closed course with the written approval of the road authority having jurisdiction over the highway, including any event lawfully using any of the trademarks “CART”, “Formula One”, “Indy”, “IndyCar”, “IRL” or “NASCAR”.  O. Reg. 455/07, s. 4 (1).

(2) Despite sections 2 and 3, “race”, “contest” and “stunt” do not include any activity required for the lawful operation of motor vehicles described in subsections 62 (15.1) or 128 (13) of the Act, or the lawful operation of an emergency vehicle as defined in subsection 144 (1) of the Act.  O. Reg. 455/07, s. 4 (2).

Application of Act

5. (1) Pursuant to section 1.1 of the Act, section 172 of the Act applies to a specified place. O. Reg. 598/21, s. 1.

(2) For greater certainty, a provision in section 172 of the Act that governs the suspension of a driver’s licence or the impoundment of a motor vehicle applies to a specified place. O. Reg. 598/21, s. 1.

(3) Where section 172 of the Act applies to a specified place, the following provisions of this Regulation also apply in respect of the place:

1. Paragraph 2 of subsection 2 (1).

2. Paragraph 1, 2, 3, 5 or 6 of section 3. O. Reg. 598/21, s. 1.

(4) Where section 172 of the Act applies to a specified place, the following provisions of the Act also apply in respect of the place:

1. Subsection 7 (5).

2. Subsection 14 (1).

3. Section 33.

4. Subsection 35 (3).

5. Section 82.

6. Section 134.

7. Section 212.

8. Section 216.

9. Subsection 217 (2).

10. Section 221. O. Reg. 598/21, s. 1.

(5) This section does not apply to,

(a) a race track, motor speedway or go-cart track that is built specifically for that purpose in a specified place; or

(b) an event similar to those described in section 4 that is held in a specified place with the written approval of the road authorities having jurisdiction over any highways from which there is road access to the specified place. O. Reg. 598/21, s. 1.

(6) In this section,

“driver” includes a person with care, charge or control of a motor vehicle; (“conducteur”)

“parking lot” includes,

(a) any parking lot, garage or structure, whether public or private, paved or unpaved, flat or multilevel, above or below grade, including any driveway or road that connects the parking lot to a highway,

(b) any private, commercial or industrial parking lot or empty lot from which the public would ordinarily be excluded, and

(c) any parking lot into which drivers are expressly or impliedly invited or permitted to enter, with or without payment, and no matter whether payment is made or whether the driver entered with or without permission; (“parc de stationnement”)

“specified place” means any parking lot, beach, park, bike path or trail, farm field or sports field. (“endroit précisé”) O. Reg. 598/21, s. 1.

 

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