The Law and Youth Novice Drivers in Ontario: Part 3

Being young and driving with a G2 license in Ontario: What the law says

This is Part Three of a three-part series on the law around novice driving and graduated licensing in Ontario. To see the scenarios on which this part is based, click here and here. The legal info was written by JFCY. 

Image source: http://www.ontario.ca/driving-and-roads/buy-or-sell-used-vehicle-ontario

Novice Drivers in Ontario

Before getting behind the wheel, youth novice drivers should be informed of various different laws, including the G2 License rules, the Highway Traffic Act, the Liquor Licence Act and the Criminal Code ofCanada.  

G2 License rules and possible offences

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.

Number of Passengers:

Novice drivers must be careful about following 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 a novice driver has had their G2 license for less than six months and is aged 19 and under, s/he 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.

Under the graduated licensing system, what are the consequences of drinking and driving for novice drivers?

Drinking and driving leads to accidents, including death and injury.  It can also lead to charges being laid against the driver, fines and license suspensions, and the impoundment of a vehicle.

In Ontario, if you are age 21 and under, there is a zero blood alcohol concentration (BAC) rule while driving.  (See s. 44 of the Highway Traffic Act) This means that regardless of which kind of licence you have (G, G1, G2), if you are caught with any alcohol in your blood, you will receive an immediate 24-hour roadside driver licence suspension.  You will likely then be charged with impaired driving.  If you are convicted of the charge, you can be fined between $60 and $500, and your licence can be suspended for 30 days. There are also possible criminal charges (see below). 

If you are a young driver with a G1 or G2 licence, you can face even stricter consequences, including being returned to the start of the Graduated Licensing System.  For example, this means that if a young person has her/his G2 and is caught drinking, s/he may lose her G2 licence (which allows her/him to drive her friends unaccompanied by an adult) and be returned to the start of the licensing process.

Higher BACs (between 0.05-0.08, and above 0.08) lead to even more severe consequences.

Criminal Code offences

Across Canada, it is a criminal offence to operate a vehicle while impaired by alcohol or drugs and/or while having a blood alcohol content of 80 milligrams of alcohol in 100 millilitres of blood or more (called “0.08”).

With high blood alcohol levels, adults and youths may be charged with impaired driving. Impaired driving, which means driving while your ability is affected by alcohol or drugs, is a crime under the Criminal Code of Canada under Section 253(1)(a). Driving with a blood alcohol content of 0.08 or more is also a crime under Section 253(1)(b). Your vehicle does not even have to be moving; you can be charged if you are impaired behind the wheel, even if you have not started to drive. If convicted or found guilty, you will be sentenced by a court.  

It is also a criminal offence to refuse to provide a breathalyzer sample without a reasonable excuse. Not knowing you have to provide a sample, or saying that a lawyer told you not to blow for a breathalyzer are NOT reasonable excuses. This is covered by Section 254 of the Criminal Code which also explains how the breathalyzer process works.

If the person being charged is between the ages of 12 and 17, the Youth Criminal Justice Act will apply to them.  As a result it is not possible to predict as clearly what sentence he could get if found guilty. However, this also changes the way the police officer must interact with these young people. For example, s. 146 of the YCJA imposes a different standard for obtaining evidence, not binding youth to certain written and/or oral statements that were obtained when the youth didn’t have the opportunity to speak with a parent and/or alawyer.  Also, police must speak to youth using words that the youth is able to understand.  

Liquor License Act offences

It is an offence under s. 32 of the Liquor License Act to operate a motor vehicle while there is open alcohol in the car.  You can be charged even if you are not the person drinking and even if you have had nothing to drink at all.

Caught in a bind? What are some other options?

Sometimes youth and novice drivers chose to drink even though they had agreed to be the designated driver.  Now they have another decision to make: drive home or find alternative options.  If an impaired person chooses to drive home, they risk the safety of themselves, their friends, and others on the road.  They also risk being caught driving while impaired, either because of an accident or because they are stopped by a police officer, which could have a serious impact on their ability to drive in the future.  If they drive home drunk, they may also have to consider what will happen if their parents/guardians find out about what they have has done.

Instead of driving home, drivers who have been drinking can find out whether one of their friends has a parent or sober friend who would be willing to pick them up.  They can pick up the car in the morning.  If one of their friends lives nearby, everyone might be able to stay there for the night.  Or, they and their friends friends can share a cab – 1-888-TAXIGUY is a toll-free number which is available in 250 towns and cities across Ontario.  It connects callers directly to a partner taxicab in their city. 

This post was written by JFCY. 

The Law and Youth Novice Drivers in Ontario: Part 2

This is Part Two of a three-part series on the law around novice driving and graduated licensing in Ontario.  This scenario was written by JFCY PLE Team volunteer Leslie-Anne Walker, a student at Ryerson University. To see Part 1, click here and to see Part 3, click here.

Scenario: Alicia and the grade 12 house party

Alicia is a seventeen-year old Grade 12 student who has just gotten her G2 license. Tonight she’s going to a holiday house party with some friends who will be drinking, despite the fact that they’re not yet age 19. Normally Alicia will have a few drinks at parties as well, but tonight she’s so excited about her new license that she decides to "take one for the team" and be the designated driver.

That night, her friends decide to meet up at their friend Natalie’s house to have a few drinks before heading to the party. Everyone’s having fun and they lose track of time. Before they know it, they’re running late: it is after midnight! Everybody rushes to finish their drinks and get their coats and boots on, but Natalie has just cracked open a new vodka cooler. Natalie insists she bring the cooler with her in the car, because leaving it “would be a waste.” Natalie is clearly intoxicated, and Alicia doesn’t want to spoil the good mood everyone is in by picking a fight, so she figures“whatever, she’s not the one driving so who cares?”

On the way to the party, they come across a R.I.D.E. program checking for intoxicated drivers. As she pulls up to the police officer on her side of the road, Alicia is worried for her friends, who are all underage and clearly intoxicated. Still, she’s grateful that she hasn’t touched any drinks and isn’t doing anything wrong herself. She rolls down her window, and the officer peers inside.

“Good evening, have you had anything to drink tonight?” he asks.

“Nothing at all,” says Alicia, looking him straight in the eye.

But the officer isn’t looking at Alicia; he’s looking at the backseat.

“Is that open liquor in your hand?” he asks Natalie, who is clearly too drunk to have even attempted to hide the bottle.

'Oh no, poor Natalie,' thinks Alicia as she cranes her head around to cast her friend a sympathetic glance. 'She’s only 17; she could get in a lot of trouble for underage drinking.'

But when Alicia turns around again, the officer is addressing her. “It’s illegal to have open alcohol in your car miss. License and registration, please.”

“What?” thinks Alicia, her head spinning. With her heart pounding, she reaches for the glove compartment.

Legal Troubles for Alicia?

While Alicia made a smart choice to keep her friends safe by not drinking and driving, she could still have some legal trouble as a result of driving in these circumstances. 

Since Alicia is a novice driver and under the age of 21, she can face legal penalties as a result of violating the rules of Ontario's Graduating Licensing System, as well as other laws.   

Here is a quick summary of some the charges that Alicia could be facing.  For a full explanation of the law, please stay tuned later this week to Part 3 of this blog series.

1) Since it is illegal to drive when there is open alcohol in the car, Alicia could be charged under s. 32 of the Liquor Licence Act.

2) Because Alicia is under age 19 and has had her G2 license for less than six months, she was not supposed to drive any passengers between midnight and 5am (unless the passenger has their Glass G license), thus violating the Highway Traffic Act.

3) The passengers in Alicia's car have consumed alcohol while under the age of 19 and thus can be charged under the Liquor Licence Act.

For a full explanation of these laws, stayed tuned for Part 3 of this blog series.

This post was written by JFCY PLE Team volunteer Leslie-Anne Walker.  Legal info by JFCY.

The Law and Youth Novice Drivers in Ontario: Part 1

This is Part One of a three-part series on the law around novice driving and graduated licensing in Ontario.  This comic was created by JFCY PLE Team volunteer Tony Young, a grade 12 student at Bayview Secondary School.

Since Josh is a novice driver and under the age of 21, he can face legal penalties as a result of violating the rules of Ontario's Graduating Licensing System, as well as other laws.   Here is a quick summary of some the charges that Josh could be facing.  For a full explanation of the law, please stay tuned later this week to Part 3 of this blog series.

1) Because Josh drove while having alcohol in his system, thus violating the Highway Traffic Act law that says novice drivers under age 21 cannot have ANY alcohol in their system while operating a motor vehicle.

2) Depending on the level of blood alcohol in his system and his level of impairment, Josh may have committed the Criminal Code Offences of 'driving with a blood alcohol concentration of more than 0.08' and 'driving while impaired by alcohol'.

3) Because Josh is under age 19 and has had his G2 license for less than six months, he was not supposed to drive any passengers between midnight and 5am (unless the passenger has their Glass G license), thus violating the Highway Traffic Act.

4) Josh ran a red light and could be charged with an offence under the Highway Traffic Act and/or Criminal Code.

5) Josh consumed alcohol while under the age of 19 and thus could be charged under the Liquor License Act.

To see a related scenario, click Part 2. For a full explanation of these laws, see Part 3 of this blog series.

The above comic was created by JFCY PLE Team volunteer Tony Young.  Legal info by JFCY. 

JOYRIDING

Jessica, a 14-year-old high school student, wanted to go to the mall with her friends after school. Neither she nor her friends, being the same age as her, had a license to drive to the mall and the mall was too far to walk to. At the same time, some of her friends did not have money to spend for bus fare. Jessica then remembered that her parents have gone out of town for a couple of days and that her older sister would have a long day at school in university and thus would not be at home. 

With that in mind, there was a car parked in Jessica's garage without anyone using it. A thought came to her… she could always use her parents’ car and put more gas in to compensate to what she would be using that day before returning it home. In this case, no one in her family would ever find out that the car has been driven at all. At the same time, she thought that her allowance money being spent on gas would take her to more places in comparison to spending on different trips for bus fare. “A good idea,” Jessica thought.

http://www.cartoonstock.com/newscartoons/cartoonists/sde/lowres/sden651l.jpg

After school, Jessica and her friends decided to walk to her house, which was only a kilometer away from school. Jessica did not call her parents and her sister for permission since the likelihood of being able to drive the car without a license was zero. Jessica then walked into her parents’ room and grabbed the car key. She turned on the engine, opened the garage door, and reversed. With a full passenger car, Jessica was excited that she was able to drive her friends to the mall, especially those that did not have any money for bus fare. Also, it was quite thrilling for her since she had never driven a car before, though she was very familiar with go-karting and race car video games. What could go wrong anyways? She watched how her parents drove all the time whenever she was sitting in the front seat.

What is Joyriding?

Joyriding is a criminal offense that is punishable in court. It is a slang term given to an offence in the Criminal Code of Canada. This is an offence resembling theft which is described as taking a motor vehicle and operating it without the owner's consent.

The Criminal Code Offence:

Section 335 of the Criminal Code, an Offence Resembling Theft says: "Everyone who, without the consent of the owner, takes a motor vehicle or vessel with intent to drive, use, navigate or operate it or cause it to be driven, used, navigated or operated is guilty of an offence punishable on summary conviction."

Jessica’s friends can also be charged under this section for being aware of the situation: " ...[O]r is an occupant of a motor vehicle or vessel knowing that it was taken without the consent of the owner, is guilty of an offence punishable on summary conviction."

Youth Criminal Justice Act

Because Jessica and her friends are only 14, if charged, they will be charged under the Youth Criminal Justice Act.  A charge under the Act says that young people between the ages of 12 and 18 will be made to appear in Youth Justice Court. If Jessica or her friends are convicted, the given sentence will be decided by the penalties set out in the Youth Criminal Justice Act

Ontario Laws:

Jessica is also violating provincial laws by driving without a license. According to Ontario Highway Traffic Act, 37.(1) " No person under the age of sixteen years shall drive or operate a motor vehicle, street car, road-building machine, self-propelled implement of husbandry or farm tractor on a highway."

The scenario for this post was written by Karen Jacobe, a JFCY volunteer on the PLE Team.  The legal info was written by Lauren Grossman, a first-year law student at U of T who is volunteering at JFCY through her law school’s Pro Bono Students Canada program. All info was reviewed by a JFCY staff lawyer

Fake ID and the Law: Video

Ever wondered about the potential legal consequences for getting caught with fake or borrowed ID?

Check out this video produced by the PLE Team.  Click here to watch the video!

Learn about the law around fake IDs in Ontario.  Watch these three teens as they learn about the possible consequences for getting caught with fake or borrowed ID.

A big thanks goes out to the YouTube Subcommittee of the JFCY PLE Team (Arif, Bilal, Christine, Lucas, Terence, Tracy, Brendan, and Andrea) for writing, planning, acting, filming and editing this video!







Click here to watch the video!

G2 License Rules

Scenario

http://images.3aw.com.au/2012/08/23/3576849/230812-Road-Cars.jpg

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.

Safe Cycling

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



http://www.atlantaintownpaper.com/wp-content/uploads/2010/04/sidewalk_bicycle_west_holly.jpg

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.