Stunt Driving

Section 172 of the Ontario Highway Traffic Act is one of the most stringent provisions aimed at addressing aggressive and dangerous driving behaviors, particularly "stunt driving" and "street racing." The section is often referred to as the "street racing" law and includes a range of serious penalties for violations.

Key Provisions of Section 172:

1. Prohibition on Stunt Driving and Racing:

   • Section 172 prohibits any person from driving a motor vehicle on a highway in a manner that indicates an intention to engage in any contest of speed (racing) or to perform a stunt, as defined by the regulations under the Act.

2. Examples of Stunt Driving:

   • Excessive Speeding: Driving 40 km/h or more above the speed limit on roads with a speed limit under 80 km/h, or 50 km/h or more above the speed limit on roads with a speed limit of 80 km/h or higher.

   • Drifting: Intentionally losing traction on one or more tires while turning.

   • Driving Without Due Care: Examples include doing wheelies, doughnuts, or attempting to "jump" a vehicle.

   • Tailgating: Following another vehicle too closely with the intent to intimidate or harass.

   • Driving with Passengers in Dangerous Positions: For example, driving with someone in the trunk or sitting on the hood of the car.

3. Penalties for Violating Section 172:

   • Immediate License Suspension: Upon being charged, the driver’s license is immediately suspended for 30 days.

   • Vehicle Impoundment: The vehicle used in the offense is immediately impounded for 14 days, regardless of whether the driver owns the vehicle.

   • Fines: If convicted, the fines range from $2,000 to $10,000.

   • Jail Time: The driver may face up to 6 months in jail.

   • License Suspension: Upon conviction, the court may impose a further license suspension ranging from 1 to 3 years for a first offense, and up to 10 years for subsequent offenses.

4. Potential Consequences Beyond Legal Penalties:

   • Insurance Implications: A conviction under Section 172 can lead to dramatically increased insurance premiums or even cancellation of the policy.

   • Permanent Criminal Record: Although it is a traffic offense, the severity of the penalties, especially if jail time is imposed, means that it can have long-lasting impacts on the driver’s record and future opportunities.

5. Escalating Penalties for Repeat Offenders:

   • For a second offense, the penalties increase significantly, including longer license suspensions and potential lifetime bans for third and subsequent offenses.

Legal Defense:

Given the severe consequences, those charged under Section 172 often seek legal defense to either challenge the charge or negotiate reduced penalties. The specifics of each case, including the evidence of the behavior and the circumstances, play a critical role in the defense strategy.

Section 172 reflects Ontario's zero-tolerance stance on dangerous driving behaviors, particularly those that endanger the lives of others on the road.