Roadside Licence Suspensions

Roadside driver licence suspensions are immediate actions taken by police to remove perceived dangerous drivers from the road forthwith.

Understanding Roadside Suspensions

Police officer issuing a traffic ticketIn Ontario, driving laws are enforced with a particular emphasis on preventing impaired driving and dangerous driving behaviours.

Roadside driver licence suspensions are a tool for police officers, allowing them to immediately address and mitigate dangers posed by drivers under the influence of alcohol or engaging in hazardous driving activities including high speeds or stunt driving.

Roadside suspensions immediate prohibit the driver from operating a motor vehicle for a set period of time.

Exceeding the Legal Alcohol Limit

In Ontario, exceeding the legal alcohol limit has immediate consequences due to the province’s zero-tolerance policy towards impaired driving. Drivers found with a blood-alcohol concentration (BAC) over the .08 threshold face severe measures, including:

  • A 90-day administrative driver’s licence suspension (ADLS) for those with a BAC exceeding .08.
  • The same 90-day suspension applies to drivers who fail or refuse to comply with breath, blood, oral fluid, or urine tests.

These measures are taken immediately, at the roadside or police station, and are separate from any criminal charges that may also be pursued, underscoring the gravity of impaired driving offences.

The “Warn Range” Suspensions Explained

Where a driver is stopped by a police officer and the officer determines that the driver has consumed alcohol, the officer can demand a breathalyzer test.  Where the driver obtains a reading with a Blood Alcohol Concentration (BAC) in the “warn range” of .05 to .08.  the officer may:

  • Suspend the drivers licence for 3 days suspension for a first offence, serving as an immediate deterrent.
  • For a second occurrence, the penalty increases to a seven-day suspension, and drivers must undergo a remedial alcohol-education program.

The progression of penalties for each subsequent occurrence emphasizes the importance of adhering to safe driving practices and the serious consequences of repeated offences.

Where a driver is suspended, once the suspension period has ended the driver attends at a Service Ontario location, pays a reinstatement fee and then will be allowed to drive.

Novice Driver & Young Driver Restrictions

Novice and young drivers (those under 21 years) are subject to strict alcohol consumption rules, reflecting the heightened risks associated with inexperienced drivers consuming alcohol. The regulations are straightforward:

  • must have a BAC level of zero when operating a motor vehicle
  • receive immediate 24-hour roadside driver-licence suspension where BAC over zero
  • maybe charged with breaching the driving conditions and fined
    • upon conviction of the zero-alcohol condition results in an additional 30-day licence suspension.
  • dramatically affects insurance rates

This policy demonstrates Ontario’s commitment to fostering responsible driving habits from the onset of a driver’s journey on the road, highlighting the critical role of adherence to these regulations for maintaining public safety.

Roadside Suspensions: Stunt Driving

Stunt driving, includes excessive speeding or dangerous maneuvers.  Where a driver is charged by a police officer, they face an immediate roadside suspension and seizure of the vehicle.

  • 30-day licence suspension
  • 14-day vehicle impoundment.

The owner is responsible for all costs regarding the towing and storage of the vehicle.  There is no appeal process for the roadside suspension or seizure of the vehicle, except where the vehicle has been stolen.

Insurance Implications

Under the Financial Services Commission of Ontario, insurance companies must comply with these rules for drivers licence suspensions.

  • Less than one year: An administrative lapse or suspension of a driver’s licence for less than one year must not affect an individual’s driving record or the number of years licensed for the purposes of rating.
  • 12 to 36 months: When the length of an administrative lapse or suspension of a driver’s licence is between 12 and 36 months, an insurer is permitted to use the lapse or suspension as part of its risk classification system. However, the insurer must submit a rate filing with actuarial evidence to FSCO justifying the proposed rating rules. The rate filing will be subject to the normal review and approval process. Otherwise, use of an administrative lapse or suspension of a driver’s licence between 12 and 36 months will not be permitted for the purposes of rating.
  • More than 36 months: If the length of an administrative lapse or a suspension of a driver’s licence is more than 36 months, an insurer is permitted to file rules to use the lapse or suspension of a driver’s licence as part of its risk classification system without additional actuarial evidence although the rules must meet the statutory criteria for approval. For example, an insurer may consider the period of time during which the licence has lapsed or been suspended for the purposes of rating.

An administrative lapse or a suspension of a driver’s licence is a documented driver’s licence lapse for administrative or medical reasons that are not connected to driving offence convictions.

Reasons can include non-renewal or expiry of a driver’s licence due to a consumer’s oversight, temporary medical conditions, unpaid parking tickets, outstanding support payments to the Family Responsibility Office or outstanding payment to the Motor Vehicle Accident Claims Fund.