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Class G1 and M1 Novice Drivers Prohibited From Driving Upon 400-Series Highways, Among Others
Question: What highways are Class G1 and M1 drivers prohibited from using in Ontario?
Answer: Class G1 and M1 drivers in Ontario are restricted from using 400 series highways, the Queen Elizabeth Way, and any other highways with speed limits over 80 km/h, as outlined in the Highway Traffic Act, R.S.O. 1990, c. H.8 and Ontario Regulation 340/94. Violating these restrictions can lead to fines, escalating penalties, and increased insurance premiums. For assistance, visit NoviceDriver.legal for a free consultation on navigating these legal challenges.
What Highways Are Class G1 and M1 Drivers Prohibited From Driving Upon?
Class G1 and M1 Drivers Are Prohibited From Driving Upon All 400 Series Highways and Any Other Highways With Posted Speed Limits Greater Than 80 Kilometres Per Hour.
In Ontario, the Highway Traffic Act, R.S.O. 1990, c. H.8, sets out the rules and regulations applicable to drivers in Ontario. Novice drivers are also subject to additional restrictions and regulations under the Graduated Licensing System and Ontario Regulation 340/94. One such restriction is a prohibition from driving at unlawful hours. Under the Highway Traffic Act, it is an offence for Class G1 and Class M1 licence holders to drive on a prohibited highway. Driving on a prohibited highway is defined as driving a motor vehicle on any highway with a posted speed limit of 80 kilometres per hour or greater.
The Law
Under the Highway Traffic Act and the regulations thereto, it is an offence for a Class G1 driver to operate a motor vehicle on a prohibited highway. The offence is outlined in Section 5 of O. Reg. 340/94 wherein it is stated:
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:
5. The motor vehicle may not be driven on a highway designated by subsection (4).
(4) The following highways are designated for the purposes of paragraph 5 of subsection (1):
1. Those parts of the King’s Highway known as Nos. 400, 400A, 401, 402, 403, 404, 405, 406, 409, 410, 412, 416, 417, 418, 420 and 427 with posted speed limits greater than 80 kilometres per hour.
1.1 All of the King’s Highway known as Highway 407 East.
1.2 All of the private toll highway known as Highway 407.
2. All of the King’s Highway known as the Queen Elizabeth Way.
3. Those parts of the highway known as the Don Valley Parkway, the Gardiner Expressway and the E. C. Row Expressway.
4. That part of the King’s Highway known as the Conestoga Parkway from its westerly limit at its intersection with the King’s Highway known as Nos. 7 and 8 to its northerly limit at its intersection with the King’s Highway known as No. 86. O. Reg. 340/94, s. 5 (4); O. Reg. 149/97, s. 1; O. Reg. 134/16, s. 2; O. Reg. 476/17, s. 1.
It is also an offence for a Class M1 driver to operate a motorcycle on a prohibited highway. The offence is outlined in Section 7 of O. Reg. 340/94 wherein it is stated:
Novice Licence Conditions 7. The holder of a Class M1 driver’s licence may drive a motorcycle on a highway subject to the following conditions: 4. The motorcycle may not be driven on a highway with a speed limit in excess of 80 kilometres per hour other than those parts of the King’s Highway known as Nos. 11, 17, 61, 69, 71, 101, 102, 144 and 655. O. Reg. 340/94, s. 7; O. Reg. 205/10, s. 4.
Potential Penalties
Monetary Fine
What is the potential fine associated with a conviction for driving on a prohibited highway?
The consequences of a conviction for driving on a prohibited highway can be severe and far-reaching. If convicted, a novice driver could face a fine ranging from $60 up to $500 plus court costs and victim fine surcharges.
Escalating Sanctions Penalties
What are the penalties associated with a conviction for driving on a prohibited highway?
In addition to a monetary fine upon conviction, the novice driver will be subject to the applicable escalating sanctions penalties as follows:
- for a first occurrence the novice driver’s licence will be suspended for 30 days.
- for a second occurrence, the novice driver’s licence will be suspended for 90 days.
- for a third occurrence, the novice driver’s licence will be cancelled.
A licence suspension can affect a person’s ability to drive to work, school, or other important activities.
Insurance Consequences
What are the insurance consequences associated with a conviction for driving on a prohibited highway?
A conviction will also lead to significantly increased insurance premiums and/or policy cancellation and referral to a high-risk insurance provider. In many cases, maintaining or securing insurance will not be affordable. It may even affect a person’s ability to find or maintain employment.
What are the potential employment consequences to individuals requiring a valid driver's licence to maintain employment?
A conviction may affect a person’s ability to find or maintain employment depending on the nature of the employment.
Summary Comment
In conclusion, driving on a prohibited highway is a serious offence which can result in serious penalties and long-lasting consequences for those convicted. It is important for novice drivers to understand and comply with the rules and regulations applicable to new drivers and abide by the requirements of the Graduated Licensing System.
If you have been charged with the offence of Drive on Prohibited Highway, it is important to seek legal advice as soon as possible. We can help you understand the law and your rights and can provide you with the best possible defence. In circumstances where a valid defence in Law does not exist, it may still be possible to avoid the escalating sanctions penalties and insurance consequences associated with the original offence by negotiating a favorable resolution.
