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Class G1, M1 or G2 Drive With Excess Passengers
Question: How many passengers can a new driver have in Ontario?
Answer: In Ontario, under the Highway Traffic Act, R.S.O. 1990, c. H.8, Class G1 or M1 drivers cannot drive with passengers unless accompanied by a qualified driver, while Class G2 drivers may have passengers if all novice driver conditions are met. Excess passenger violations can result in fines and increased insurance rates. For guidance on navigating these rules, reach out today for a complimentary consultation.
How Many Passengers Are Permitted In Vehicle When Operated By Novice Driver?
Class G1 Drivers Not Permitted to Drive With Passengers Unless Accompanied by Qualified Driver; Class M1 Drivers Also Not Permitted to Drive With Passengers; Class G2 Drivers Permitted to Drive With Passengers When All Other Novice Driver Licensing...
In Ontario, novice drivers are subject to the Highway Traffic Act, R.S.O. 1990, c. H.8, and Ontario Regulation 340/94. Novice drivers who are caught driving with too many passengers in their vehicle are subject to a range of penalties and sanctions. The offence of drive with excess passengers is a serious offence and can have serious consequences for the driver. Under the HTA, a Class G1 or Class M1 driver is not permitted to drive with any passengers unless accompanied by a qualified driver, while a Class G2 driver is permitted to drive with passengers provided all other novice driver licensing conditions are satisfied. If a Class G1 or Class M1 driver is caught driving unaccompanied by a qualified driver and an excess number of passengers, under age passengers or at an unlawful hour, they may be charged with multiple offences.
The Law
Under the HTA and the regulations thereto, it is an offence for Class G1 licence holders to drive a motor vehicle with excess passengers. It is likewise an offence for Class M1 licence holders to drive a motorcycle with a passenger at any time. These offences are outlined in section 5 and section 7 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:
4. The number of passengers in the seats other than the front seats of the motor vehicle must not exceed the number of operable seat belt assemblies in those other seats
7. The holder of a Class M1 driver’s licence may drive a motorcycle on a highway subject to the following conditions:
3. No passenger may be carried on the motorcycle.
It is also an offence for a Class G2 licence holder to drive with excess passengers in a motor vehicle between midnight and 5:00 am. The offence is outlined in section 6 of O. Reg. 340/94 wherein it is stated:
Novice Licence Conditions 6. (1) The holder of a Class G2 driver’s licence may drive a Class G2 motor vehicle on a highway subject to the following conditions: 1. Revoked: O. Reg. 205/10, s. 3 (1). 2. The number of passengers in the motor vehicle must not exceed the number of operable seat belt assemblies installed in it. 3. Between the hours of midnight and 5 a.m., there must not be more than one passenger in the motor vehicle who is under the age of 20, other than a person who is a member of the novice driver’s immediate family. O. Reg. 340/94, s. 6 (1); O. Reg. 196/05, s. 1 (1); O. Reg. 205/10, s. 3 (1). (1.1) Despite subsection (1), the holder of a Class G2 driver’s licence who has held a valid G2 driver’s licence for at least six months may drive a Class G2 motor vehicle on a highway subject to the following conditions: 1. Revoked: O. Reg. 205/10, s. 3 (2). 2. The number of passengers in the motor vehicle must not exceed the number of operable seat belt assemblies installed in it. 3. Between the hours of midnight and 5 a.m., there must not be more than three passengers in the motor vehicle who are under the age of 20, other than a person who is a member of the novice driver’s immediate family. O. Reg. 196/05, s. 1 (2); O. Reg. 205/10, s. 3 (2). (2) Subsections (1) and (1.1) do not apply to the driving of a motor assisted bicycle. O. Reg. 196/05, s. 1 (3). (3) For the purpose of subsection (1.1), the requirement that a novice driver has held a valid G2 licence for at least six months means that, at the time the novice driver is driving, he or she held a valid G2 licence for at least the immediately preceding six months. O. Reg. 196/05, s. 1 (4). (4) Paragraph 3 of subsection (1) and paragraph 3 of subsection (1.1) do not apply to, (a) a novice driver who is at least 20 years old; or (b) any novice driver if a person who qualifies as an accompanying driver, as described in subsection 5 (2), and who meets the condition for an accompanying driver as set out in paragraph 2 of subsection 5 (1), occupies the seat beside the driver and no person other than the novice driver and the accompanying driver occupies a front seat in the motor vehicle. O. Reg. 196/05, s. 1 (4). (5) The age distinctions in paragraph 3 of subsection (1), paragraph 3 of subsection (1.1) and clause (4) (a) apply despite the Human Rights Code. O. Reg. 196/05, s. 1 (4). (6) In paragraph 3 of subsection (1) and paragraph 3 of subsection (1.1), immediate family includes the novice driver’s guardian and immediate family who are related by blood, marriage, conjugal relationship outside marriage or adoption. O. Reg. 196/05, s. 1 (4).
Potential Penalties
Monetary Fine
What is the potential fine associated with a conviction for driving with excess passengers?
The consequences of a conviction for driving with excess passengers 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 with excess passengers?
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 with excess passengers?
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.
Summary Comment
In conclusion, driving with excess passengers 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 With Excess Passengers, 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.
