Highway Traffic Act

ONTARIO REGULATION 340/94

DRIVERS’ LICENCES

Historical version for the period September 1, 2014 to October 31, 2014.

Last amendment: O.Reg. 242/13.

This is the English version of a bilingual regulation.

CONTENTS

Sections
1-4
Novice Licence Conditions / 5-11.1
Licences: General / 12-26
Fee Adjustment — Consumer Price Index / 26.1
Penalties / 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; (“freins à air comprimé”)

“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; (“verres correcteurs”)

“Demerit Point Regulation” means Ontario Regulation 339/94 (Demerit Point System) made under the Act; (“règlement relatif aux points d’inaptitude”)

“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; (“conducteur titulaire d’un permis assorti de tous les privilèges de conduite”)

“level 1 exit test” means a test designed to demonstrate a person’s ability to drive a Class G1 or M1 motor vehicle safely; (“examen final de niveau 1”)

“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; (“examen final de niveau 2”)

“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 Regulations under 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; (“motocyclette à vitesse limitée”)

“novice driver” means a person classed as such under section 29; (“conducteur débutant”)

“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; (“poids brut enregistré”)

“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; (“autobus à usage scolaire”)

“spouse” has the same meaning as in Part III of the Family Law Act; (“conjoint”)

“valid driver’s licence” means a driver’s licence that is not expired, cancelled or under suspension. (“permis de conduire valide”) 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; O.Reg. 205/10, s.1(1, 2).

(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 expression “accumulated demerit points” is a reference to that expression as defined in the Demerit Point Regulation. O.Reg. 205/10, s.1(3).

(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 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
Class of Licence / Column 2
Class of Motor Vehicle / Column 3
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; O. Reg. 42/12, 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).

2.1(1)Where the Minister changes the class of a Class A, B, C or E driver’s licence, the driver’s licence may only be changed to,

(a) a Class G driver’s licence; or

(b) a Class C, D, E or F driver’s licence, if the Minister is satisfied that the holder of the driver’s licence meets the qualifications for that class of driver’s licence. O.Reg. 251/12, s. 1.

(2)Subsection (1) applies despite the Human Rights Code. O.Reg. 251/12, s. 1.

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.(1)In this section,

“house trailer” includes a cabin trailer, collapsible cabin trailer, tent trailer and camping trailer; (“roulotte”)

“pick-up truck” means a commercial motor vehicle that,

(a) has a manufacturer’s gross vehicle weight rating of 6,000 kilograms or less, and

(b) is fitted with either,

(i) the original box that was installed by the manufacturer, which has not been modified, or

(ii) a replacement box that duplicates the one that was installed by the manufacturer, which has not been modified. (“camionnette”) O.Reg. 291/11, s.1.

(2)A combination of a pick-up truck towing one house trailer that would, but for this section, be a Class A motor vehicle is deemed to be a Class G motor vehicle when driven by a person who is a fully licensed driver holding a Class B, C, D, F or G driver’s licence if all of the following conditions are satisfied:

1. The only reason the combination of the pick-up truck and house trailer is not a Class G motor vehicle is because the total gross weight of the house trailer exceeds 4,600 kilograms.

2. The combination of pick-up truck and house trailer is being driven and used for personal purposes without compensation.

3. The combination of the pick-up truck and the house trailer,

i. has a fifth wheel assembly that attaches the house trailer to the pick-up truck, and

ii. complies with the applicable dimensional limits under Part VII of the Act, the applicable weight limits under Part VIII of the Act and the regulations made under those parts.

4. The pick-up truck has no more than two axles.

5. Neither the pick-up truck nor the house trailer is equipped with air brakes.

6. The house trailer bears,

i. a compliance label as required under the Motor Vehicle Safety Regulations (Canada) and, either on the compliance label or on a label applied to the vehicle beside the compliance label, the national safety mark required under those regulations,

ii. a compliance label containing a statement that complies with subsection 6 (2) of the Motor Vehicle Safety Regulations (Canada), confirming that the vehicle conformed to all applicable standards under those regulations that were in effect when the vehicle was manufactured,

iii. a Canadian Statement of Compliance (SOC) label issued by the Canadian Registrar of Imported Vehicles, or

iv. a vehicle licence plate issued by a state in the United States and a label indicating that the house trailer was manufactured in compliance with federal vehicle safety standards applicable at that time in the United States.

7. The house trailer bears a label indicating that it was manufactured to Canadian Standards Association Standard Z240 RV or to United States Recreation Vehicle Industry Association standard NFPA 1192 or ANSI A119.2.

8. The house trailer,

i. is not owned or leased by an employer to house the employer’s employee, and

ii. is not carrying commercial cargo or tools or equipment of a type normally used for commercial purposes.

9. Less than one-half of the floor space of the house trailer is occupied by animals, non-commercial tools, non-commercial equipment, vehicles or a combination of them. O.Reg. 291/11, s.1.

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: