G2 License Rules

Scenario

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Naomi (age 17) is very excited that she has just recently passed her G2 driver’s test! Although she was grateful that she had had the opportunity to drive as much as possible with her G1, she thinks it is liberating to finally be able to drive on her own without her Mom or Dad in the passenger’s seat.

Without having her parents in the car, Naomi will finally be able to have the independence to drive to school, to the mall, and to the parties her friends throw every weekend, as long as she is back by the curfew her parents have established for her. Although having her G2 will allow Naomi to have some freedom, she is confused about the restrictions that seem to be in place regarding those who hold a G2 license.

One Friday, Naomi is at a house party her friend Kelly is hosting. Naomi arrives at 10:30 pm and everyone is drinking alcohol. Naomi decides to have one beer. [Please see the JFCY blog for issues related to alcohol. Please also read the newsletter that discusses houseparties. Underage drinking is illegal in Canada, and the age for legally drinking alcohol in Ontario is 19.] 

Just after midnight, Naomi decides she needs to leave to make it home in time for her 12:30 curfew. She decides to drive her friends Laura and James home, who live only a couple streets away from her. As she is driving home, she accidentally drives through a stop sign she hadn’t seen while going 35 kilometres over the speed limit. Much to her dismay, a police car had spotted Naomi’s driving offences and pulls her over.

Naomi is terrified. She has never been stopped by the police, and is afraid that on top of her traffic violations she has also violated the restrictions placed on her G2 license.

Legal Information on G2 licenses:

The legal information deals with the G2 License rules in Ontario. (There are also possible criminal charges but they will not be addressed in this post.)

The G2 License rules come from regulations under the Highway Traffic Act, specifically the Regulation called Driver’s Licenses, which sets out most of the rules regarding G2 licenses.

Alcohol consumption

While driving with a G2 license, a driver of any age is not allowed to consume any alcohol before driving.  Also, all drivers under the age of 21 (regardless of whether they have their full license) are not allowed to consume alcohol before driving.

The penalties for driving with alcohol in your system when under 21 or with a G2 can range from $60 to $500 upon conviction, along with a suspension of up to 30 days for a first offence. As well, there can be a 24 hour road side suspension of a license even before a conviction.

To learn more on drinking and driving under the G2 license. Click here.

Passengers

Naomi may also be violating the rules on number of passengers allowed while driving with a G2 license. During the day, the number of passengers is limited to the number of working seatbelts. However, at night the rules are more restrictive.

If Naomi has had her G2 license for less than six months and is aged 19 and under, she cannot carry a passenger aged 19 and under between midnight and 5 a.m. After the first six months, G2 drivers aged 19 and under cannot carry more than three passengers aged 19 and under between midnight and 5 a.m.

These restrictions do not apply to a G2 driver aged 19 and under if the G2 driver is accompanied by a G class driver in the front seat, or the passengers are immediate family members.

Since Naomi has violated the rules around passenger numbers she will be subject to a suspension as outlined in the Novice Driver Escalating Sanction Scheme. (see below)

How do you get convicted for a G2-type offence?

    

G2-type offences are NOT criminal offences.  They are “provincial offences”. If someone is caught committing a G2-type offence they can be charged.  The charging process starts when a person (the defendant) is given a certificate of offence (kind of like a ticket) by a provincial offences officer, which can include a police officer and a municipal offences officer. The details for these proceedings can be found in the Provincial Offences Act. The authority for the application to G2 offences is found in the regulation under the act, Proceedings Commenced by a Certificate of Offence.

Where a provincial offences officer proceeds in this manner, he or she must serve the  certificate of offence on the defendant within 30 days of the alleged offence. The officer must then file the certificate of offence in the court office as soon as possible after service of the office notice or summons. It is open to the defendant to plead in one of three ways: not guilty, guilty “with representations”, or guilty.  If they plead guilty then they would pay the set fine, which is sometimes written onto the ticket. If the person does nothing within 15 days of service of the offence notice, then they are deemed not to dispute the charge and a conviction is registered.

The Novice Driver Sanction Scheme

As outlined on the OntarioMinistry of Transportation website,

Effective August 1, 2010, novice or hybrid drivers (drivers that hold a novice license and full license, e.g., G) will be subject to Novice Driver Escalating Sanctions. These sanctions will apply if, within a five year period, you:

• are convicted of violating any of the graduated licensing conditions;

The Novice Driver Escalating Sanctions are as follows:

• 30-day licence suspension for the first occurrence;
• 90-day licence suspension for the second occurrence; and
• Novice licence cancellation for the third occurrence. Upon a third occurrence, your novice driver’s licence will be cancelled and any time discount earned, time credited or fees paid would be forfeited. You must re-apply to the graduated licensing program by passing a vision and knowledge test and paying all licensing fees. After you pass these tests, you will enter Level One and get a Class G1 licence. You must serve all the Level One and Level Two waiting periods and start as a new driver. You would need to take a beginner driver education course to qualify for a time discount.

To read more on the G2 license restrictions, visit the Ontario Ministry of Transportation.

If you are a youth in Ontario and have legal questions about this issue, please contact a lawyer at JFCY at 416-920-1633, or toll-free at 1-866-999-5329.  

Thanks to Inez Leutenegger, a PLE Team volunteer for writing this scenario for this post. Inez is currently a paralegal student. Legal information written by JFCY summer student Jeremy Ozier and JFCY volunteer Sarah Mehta Alexander. Legal information was reviewed by JFCY.

A PLE Team volunteer's ideas about what to do this summer

PLE Team Volunteer Qasim Syed

My name is Qasim Syed and I am  PLE Team  youth volunteer at JFCY. 


I wrote this blog in order to showcase the options available to make use of your extra time now that summer is approaching. I think there is value in youth keeping themselves busy. When I was in grade 5, I joined the community centre which was located really close to my house. Throughout the years, I participated in many of the events and activities, especially basketball. For those that know me, they know that I have loved basketball ever since and it has helped positively shape my life. I now participate in volunteering activities and school clubs.


As summer is approaching, it is a great time to start to think about what you may want to do with all that extra time. This blog will provide you with some information on opportunities to participate in sports and do volunteer work. I live in Toronto, so the activities here are Toronto-focused; however, if you want to check out options in your community I would suggest that you start by looking up your local YMCA or community centre.

Sports

Participating in sports is a great way to enjoy your time off during the summer. Some examples of sports that promote skill development in youth include: basketball, swimming, track and field and beach activities such as frisbee and beach volleyball.

Sports can help develop confidence and give you the opportunity to interact with others who have similar interests.

The YMCA organizes lots of activities for youth to participate in sports over the summer. Click here to find the location nearest youth.  The YMCA offers financial assistance to low-income families and youth so that everyone has the opportunity to participate in their programs. For more info on financial assistance, ask someone at the YMCA or check out this application form. 


Activities at local community centres are often free or low cost.


The City of Toronto also has many opportunities for youth to get involved in sporting activities over the summer. Click here for more information.

Volunteering Opportunities for Youth

Volunteering or finding a hobby is a great way to meet new people and develop skills and discover new interests.Volunteering is not only a great way of being productive but also encourages better time management. Moreover, by joining club or volunteering you could end up discovering a new activity or hobby you enjoy.

At your Community Centre

The opportunities are endless.The community centres around your neighborhood have several different varieties of clubs and activities to choose.


To find out more about community centre volunteering opportunities click here.


With Charities


There are also charities in Toronto which are always looking for new volunteers. No matter what your interest from working with the environment to health organizations there are a variety of charities in Toronto which are always looking for more volunteers!


A great website which lists lots of opportunities to volunteer is Volunteer Toronto. 


For other communities in Ontario, check out the Ontario Volunteer Centre Network.


At Festivals and Events


Toronto in the summer time is host to many events and festivals which need the help of volunteers to run smoothly. 


For more information on events happening in Toronto this summer click here


Events at Harbourfront Center click here

For more information on events happening daily click here


If you have other ideas on affordable summer activities for youth, leave a comment on the blog so you can share your knowledge with others!

f you are under age 18 in Ontario and have legal questions about your rights please contact a lawyer at JFCY at 416-920-1633, or toll-free at 1-866-999-5329.  

This post was written by Qasim Syed, a PLE Team Member volunteer, with contributions by JFCY volunteer Sarah Mehta Alexander and a JFCY staff lawyer.

Safe Cycling

By PLE Team volunteer Deqa Abdi, with assistance from law student Sarah Alexander



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Scenario

My name is John, I am 16 years old and I love to ride my bicycle. During the spring time the kids at my school ride their bikes.  I own a bike but my parents will not allow me to ride my bike without wearing my helmet. They say that my helmet is there to protect me from head injuries in case I fall. Yet, I do not like wearing it because it makes me feel like a baby and the kids at school will probably make fun of me. Besides, I usually ride on the sidewalk so I feel safe enough.

Usually, when I’m on my way to school I take my helmet with me but I immediately put it in my backpack so the kids at school do not see it. 

One day I was riding my bike home from school and I accidentally ran into a car pulling out of a drive way. The driver of the car was extremely furious and he yelled at me, even though his car was not damaged.

Due to this accident, I suffered some scrapes and a big bump on my head. The police were called and so were my parents. The police asked me why I wasn’t wearing a helmet and I told them that I didn’t like wearing it. They told me that because I am under the age of 18 it is required for me to be wearing one at all times while riding my bike. Also, if I was wearing my helmet I would have probably not suffered any head injuries.

The police also told me that the bike I was riding was intended to be ridden on the road since it was too large for me to be riding it on the sidewalk. In other words, he told me that many people use the sidewalks for walking and that it could be very dangerous if I were to lose control and bump into someone. He warned me and said that next time he would give me a ticket. He  advised me to either walk when I’m on the sidewalk or choose to ride my bike on the road.

Legal information

The Ontario law called the Highway Traffic Act categorizes cyclists as vehicles. That means that cyclists must follow the rules of the road in much the same way as cars do.

Many cities and towns have bylaws that prohibit cycling on the sidewalk.  For example, in the City of Toronto, if riding your bike on the sidewalk, the size of the wheel determines whether this is legal according to bylaw. Young children learning how to ride bikes are permitted to ride on the sidewalk; however, if the tire exceeds 61 cm, riding on the sidewalk becomes illegal. 

The consequences of failing to abide by the law include the possibility of being issued ticket and being made to pay a fine.  This is because if a bicycle on the sidewalk was to collide with a pedestrian the injuries could be severe. Therefore, it is very important for all people to follow these laws to avoid future problems and ensure safely among all.

Cyclists under 18 are required by law to wear an approved bicycle helmet when riding a bike on a roadway  in Ontario. This comes from the Highway Traffic Act  (see s. 104(2.1) and its Regulations.

The motivation behind requiring cyclists to wear a helmet is to reduce your risk of brain and head injury in the event of a crash or collision. Wearing a helmet is important and the consequences can range from fines in the most minor scenarios to sustaining serious injuries. In terms of police fines, parents can be charged if they knowingly allow their children who are under 16 to ride without a bicycle helmet. Moreover, cyclists who are 16 or 17 can be fined directly.

If you happen to get into an accident with a car and you are not wearing a helmet, the Highway Traffic Act states that the onus of proof that loss or damage did not arise through negligence or improper conduct of the driver is on the driver. This means that if you are hit by a motor vehicle, it will be up to the driver to show they were not negligent. However, if you have not been wearing a helmet this may work against you in the eyes of the law, for example a court could say that you contributed to your own injuries by not wearing a helmet. But if you have been injured in an accident with a vehicle, you may be entitled to statutory benefits regardless of who was at fault. (This gets more complicated. If you have questions about your own situation, you should talk to a lawyer.)

Bottom line: Head injuries are no joke. It is best to stay safe and wear a helmet while riding your bicycle- safety is fashionable.

Deqa Abdi is a JFCY volunteer and Member of the PLE Team.  She is a York University student.