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HTA 172 - The Stunt Driving Law- Layman's Terms
Let me preface this by saying I am not a lawyer, paralegal, police officer or involved in the court system in any way. What I am is a Criminology student who, in some instances, is required to take laws, acts and bylaws and put them into Layman's Terms in order to conduct research. The simple act of putting things into Layman's Terms automatically takes away some of the specificity of the act, but serves as a way for us regular folk to get an insight into what they are trying to get across.
*This is not legal advice, nor is it to be taken as such.
. . . . . .
Hey everyone. Something I've had to do in the last week is look into the HTA 172 and attempt to put it into easy to understand language for research purposes. I figured that maybe someone on here could use it for info or just for curiosities sake, so I'm posting it up!
Here is my "Layman's Terms" HTA 172 - The Stunt Driving Charge
Racing, stunts, etc., prohibited
HTA 172 Subsection 1
No one shall drive a motor vehicle on a highway in a “race” or “contest”, while performing a “stunt” or on a bet or wager. 2007, c. 13, s. 21.
What is considered a “race” or “contest”?
For the purposes of section 172 of the Highway Traffic Act, “race” and “contest” include any activity where you or you and one or more people do the following:
1. Driving two or more motor vehicles faster than the speed limit and in a manner that shows the drivers may be engaged in a competition.
2. Driving a motor vehicle in a way that makes the officer believe you have the intention to chase another motor vehicle. (All you have to do is show the intent – you can be charged without having actually chased a vehicle)
3. Driving a motor vehicle carelessly, without reasonable consideration (up to the officer to decide what reasonable consideration is) for anyone else using the highway or using the highway in a way that is dangerous to others by:
i. driving a motor vehicle at a rate of speed that faster than the speed limit
ii. getting ahead of one or more vehicles while driving faster than the posted speed limit or attempting to get ahead of one or more vehicles going faster than the posted speed limit, or
iii. changing lanes multiple times very close to other vehicles (read; cutting off, tailgating) in order to get through traffic while driving faster than the posted speed limit.
(Faster than the speed limit is referred to as “Marked departure from lawful rate of speed” and is used to describe the rate of speed that limits your ability to adjust to changing circumstances on the highway – so it is a judgment call on behalf of the issuing officer, but must be above the lawful rate of speed.)
Definition, “stunt”
For the purposes of section 172 of the HTA, “stunt” includes anything where you or you and one or more persons do any of the following while driving:
1. Driving a motor vehicle in a way that shows your intent to lift some or all of your tires (read; wheelies) from the road. (Once again, all you need to show is intent)
2. Driving a motor vehicle in a way that shows your intent to cause your tires to loose traction while turning, i.e drifting.
3. Driving a motor vehicle in a way that indicates your intent to spin the vehicle in a circle, without maintaining control. i.e donuts
4. Driving two or more motor vehicles side by side or close to each other, where one of the motor vehicles is on the wrong side of the road longer than needed to pass a moving vehicle, i.e racing on a two lane highway.
5. Driving a motor vehicle with a person in the trunk of the motor vehicle.
6. Driving a motor vehicle while the driver is not sitting in the driver’s seat. So that means that standing, switching seats in cars etc is cause for issuing a 172 and can include standing on foot pegs.
7. Driving a motor vehicle at 50 kilometres per hour or more over the speed limit.
8. Driving a motor vehicle carelessly, without reasonable consideration for anyone else using the highway or using the highway in a way that is dangerous to others by any of the following:
i. driving a motor vehicle in a way that shows your intent to stop someone from passing
ii. stopping or slowing down a motor vehicle in a way that shows the driver’s sole intention is to stop or slow someone by cutting off their path or causing them to slow when they usually would not. (Note: this could be used to interpret blocking in an aggressive driver as a “stunt”)
iii. driving a motor vehicle in a way that shows your intent to drive, without a valid reason, as close as possible to anything else on the highway or,
iv. making a left turn where,
(A) you are stopped at a red light waiting to turn left,
(B) there is at least one vehicle facing the opposite direction stopped at a red light as well and;
(C) the driver makes the left turn, without a filter, before other vehicles with a green light are able to move through the intersection or show the intent to do so.
Offence – Subsection 2
In this section: Conviction – being found guilty in court
Subsequent Conviction – being found guilty a separate time, after the first conviction
(2) Every person who violates subsection 1 (does something in the above section) is guilty of an offence and if convicted in court faces a fine of $2,000 to $10,000 (no more) or up to 6 months in prison, or to both, and the offenders license may be suspended;
(a) for 1 day to 2 years when found guilty of the first offence
(b) on another (subsequent) conviction, for 1 day to 10 years.
Determining subsequent conviction
(3) When determining whether a conviction is a subsequent conviction for the license suspension period, the only factor being considered is when you are convicted – not when the offences occurred (when you received your initial charge) 2007, c. 13, s. 21.
(This means that if you are charged twice before being convicted, you can be convicted of the most recent offence first and then your oldest offence could be considered a “subsequent offence” even though it happened beforehand. This stops people from reducing potential suspension time by having their most recent offence plead out and the first one not be subsequent)
10-year limitation
(4) If found guilty of another violation of HTA 172 more than 10 years after your last conviction it is considered your “first offence” and license suspension is limited to 2 years.
Police Suspension of License and Vehicle Impound
(5) When a police officer believes on reasonable and probable grounds that a person has violated part of HTA 172 he must;
(a) request that the person hands over his or her driver’s licence; and
(b) Hold the motor vehicle that was being driven by the person until it is towed and impounded. (7) (b). 2007, c. 13, s. 21.
Administrative seven-day licence suspension
(6) When asked by the Police Officer you must hand over your license and, whether or not you physically give the license up, your drivers licence is suspended for a period of seven days from the time the request is made.
Administrative seven-day vehicle impoundment
(7) Upon a motor vehicle being held by police under clause (5) (b), the motor vehicle will,
(a) be removed from the scene and put in an impound facility as directed by a police officer; and
(b) be impounded for seven days from the time it was detained.
This is all at the cost and risk to the owner. This means that if your bike is damaged during the tow or impound you have assumed all risk and you may not be compensated.
Release of vehicle
(8) The motor vehicle shall be released only to its owner from the impound facility when the impound period is over and the costs of impound have been paid by the owner.
Early release of vehicle
(9) Under the discretion of a police officer, the vehicle may be released to its owner before it is impounded and may direct the impound facility to release the vehicle early to the owner once all applicable fees have been paid if the officer is certain that the vehicle was stolen at the time of the offence.
Duty of officer regarding licence suspension
(What the officer is required to do)
(10) Every officer who asks for the surrender of a person’s driver’s licence will keep documentation stating the time and date of the surrender and will provide notice of suspension as soon as is possible with the time frame that the license will be suspended for. (Note: this section does not include how notice must be given, therefore it could be verbal)
Duty of officer re: impoundment
(What the officer is required to do)
(11) Every officer who impounds a vehicle must prepare a notice that includes:
- the motor vehicle that is to be impounded under
- the name and address of the driver
- date and time of the impoundment
and provide the driver with a copy of the notice showing the time frame of impoundment (start/end) and the where the vehicle is being held as soon as possible.
Duty of officer re: impoundment
(12) This notice can be sent through mail to the address on your license or handed over personally.
No appeal or hearing
(13) You can not appeal the licence suspension, surrender or vehicle impoundment (subsection (5), (6) or (7)), but this has no effect during court proceedings.
Lien for storage costs
(14) The cost for storage of your vehicle are considered a lien on the motor vehicle. This means that the impound lot may hold your vehicle until all costs have been paid.
Repair and Storage Liens Act. 2007, c. 13, s. 21.
Costs to be paid before release of vehicle
(15) The person who operates the impound facility does not have to release the motor vehicle until the removal and impound costs for the vehicle have been paid.
Owner may recover losses from driver
(16) The owner of a motor vehicle that is impounded may bring a legal suit to the person who was driving the vehicle at the time in order to recover any costs incurred. (Note: this section sets the precedent that the owner must pay for all fees and bring a lawsuit afterwards, they cannot force the person driving to pay the fees upfront)
Offence
(17) Every person who gets in the way of a police officer while performing their duties is guilty of an offence and if convicted in court can be fined of $200 up to $5,000 or sent to prison for a term of 1 day to 6 months, or to both. This can include the driver of the vehicle (for example taking off after being stopped could result in an offence being laid under this section)
Intent of suspension and impoundment
(18) The suspension of a driver’s licence and the impound of a motor vehicle are to help with compliance to this act and to provide safety for the public, not as a punishment. The suspension and impound do not mean that you have been found guilty and do not take the place of your court proceedings.
Impoundment concurrent with other administrative impoundments
(18.1) The impound of a motor vehicle under this section runs at the same time of any other impound already in place. (This means if your vehicle has been impounded for another reason the impound time is not added on, it is served at the same time)
(19) Repealed: 2008, c. 17, s. 43.
Regulations
(20) The Lieutenant Governor in Council may make regulations,
(a) requiring police officers to keep records with respect to licence suspensions and vehicle impoundments under this section for a specified period of time and to report specified information with respect to licence suspensions and vehicle impoundments to the Registrar and governing such records and reports;
(b) exempting any class of persons or class or type of vehicles from any provision or requirement of this section or of any regulation made under this section, prescribing conditions for any such exemptions and prescribing different requirements for different classes of persons or different classes or types of vehicles;
Definition
(21) “Drivers License” means any drivers license, even those offered by a different issuer. (read; us license, other provinces)
Same
(22) “motor vehicle” includes a street car, a motorized snow vehicle, a farm tractor, a self-propelled implement of husbandry and a road-building machine.
Let me preface this by saying I am not a lawyer, paralegal, police officer or involved in the court system in any way. What I am is a Criminology student who, in some instances, is required to take laws, acts and bylaws and put them into Layman's Terms in order to conduct research. The simple act of putting things into Layman's Terms automatically takes away some of the specificity of the act, but serves as a way for us regular folk to get an insight into what they are trying to get across.
*This is not legal advice, nor is it to be taken as such.
. . . . . .
Hey everyone. Something I've had to do in the last week is look into the HTA 172 and attempt to put it into easy to understand language for research purposes. I figured that maybe someone on here could use it for info or just for curiosities sake, so I'm posting it up!
Here is my "Layman's Terms" HTA 172 - The Stunt Driving Charge
Racing, stunts, etc., prohibited
HTA 172 Subsection 1
No one shall drive a motor vehicle on a highway in a “race” or “contest”, while performing a “stunt” or on a bet or wager. 2007, c. 13, s. 21.
What is considered a “race” or “contest”?
For the purposes of section 172 of the Highway Traffic Act, “race” and “contest” include any activity where you or you and one or more people do the following:
1. Driving two or more motor vehicles faster than the speed limit and in a manner that shows the drivers may be engaged in a competition.
2. Driving a motor vehicle in a way that makes the officer believe you have the intention to chase another motor vehicle. (All you have to do is show the intent – you can be charged without having actually chased a vehicle)
3. Driving a motor vehicle carelessly, without reasonable consideration (up to the officer to decide what reasonable consideration is) for anyone else using the highway or using the highway in a way that is dangerous to others by:
i. driving a motor vehicle at a rate of speed that faster than the speed limit
ii. getting ahead of one or more vehicles while driving faster than the posted speed limit or attempting to get ahead of one or more vehicles going faster than the posted speed limit, or
iii. changing lanes multiple times very close to other vehicles (read; cutting off, tailgating) in order to get through traffic while driving faster than the posted speed limit.
(Faster than the speed limit is referred to as “Marked departure from lawful rate of speed” and is used to describe the rate of speed that limits your ability to adjust to changing circumstances on the highway – so it is a judgment call on behalf of the issuing officer, but must be above the lawful rate of speed.)
Definition, “stunt”
For the purposes of section 172 of the HTA, “stunt” includes anything where you or you and one or more persons do any of the following while driving:
1. Driving a motor vehicle in a way that shows your intent to lift some or all of your tires (read; wheelies) from the road. (Once again, all you need to show is intent)
2. Driving a motor vehicle in a way that shows your intent to cause your tires to loose traction while turning, i.e drifting.
3. Driving a motor vehicle in a way that indicates your intent to spin the vehicle in a circle, without maintaining control. i.e donuts
4. Driving two or more motor vehicles side by side or close to each other, where one of the motor vehicles is on the wrong side of the road longer than needed to pass a moving vehicle, i.e racing on a two lane highway.
5. Driving a motor vehicle with a person in the trunk of the motor vehicle.
6. Driving a motor vehicle while the driver is not sitting in the driver’s seat. So that means that standing, switching seats in cars etc is cause for issuing a 172 and can include standing on foot pegs.
7. Driving a motor vehicle at 50 kilometres per hour or more over the speed limit.
8. Driving a motor vehicle carelessly, without reasonable consideration for anyone else using the highway or using the highway in a way that is dangerous to others by any of the following:
i. driving a motor vehicle in a way that shows your intent to stop someone from passing
ii. stopping or slowing down a motor vehicle in a way that shows the driver’s sole intention is to stop or slow someone by cutting off their path or causing them to slow when they usually would not. (Note: this could be used to interpret blocking in an aggressive driver as a “stunt”)
iii. driving a motor vehicle in a way that shows your intent to drive, without a valid reason, as close as possible to anything else on the highway or,
iv. making a left turn where,
(A) you are stopped at a red light waiting to turn left,
(B) there is at least one vehicle facing the opposite direction stopped at a red light as well and;
(C) the driver makes the left turn, without a filter, before other vehicles with a green light are able to move through the intersection or show the intent to do so.
Offence – Subsection 2
In this section: Conviction – being found guilty in court
Subsequent Conviction – being found guilty a separate time, after the first conviction
(2) Every person who violates subsection 1 (does something in the above section) is guilty of an offence and if convicted in court faces a fine of $2,000 to $10,000 (no more) or up to 6 months in prison, or to both, and the offenders license may be suspended;
(a) for 1 day to 2 years when found guilty of the first offence
(b) on another (subsequent) conviction, for 1 day to 10 years.
Determining subsequent conviction
(3) When determining whether a conviction is a subsequent conviction for the license suspension period, the only factor being considered is when you are convicted – not when the offences occurred (when you received your initial charge) 2007, c. 13, s. 21.
(This means that if you are charged twice before being convicted, you can be convicted of the most recent offence first and then your oldest offence could be considered a “subsequent offence” even though it happened beforehand. This stops people from reducing potential suspension time by having their most recent offence plead out and the first one not be subsequent)
10-year limitation
(4) If found guilty of another violation of HTA 172 more than 10 years after your last conviction it is considered your “first offence” and license suspension is limited to 2 years.
Police Suspension of License and Vehicle Impound
(5) When a police officer believes on reasonable and probable grounds that a person has violated part of HTA 172 he must;
(a) request that the person hands over his or her driver’s licence; and
(b) Hold the motor vehicle that was being driven by the person until it is towed and impounded. (7) (b). 2007, c. 13, s. 21.
Administrative seven-day licence suspension
(6) When asked by the Police Officer you must hand over your license and, whether or not you physically give the license up, your drivers licence is suspended for a period of seven days from the time the request is made.
Administrative seven-day vehicle impoundment
(7) Upon a motor vehicle being held by police under clause (5) (b), the motor vehicle will,
(a) be removed from the scene and put in an impound facility as directed by a police officer; and
(b) be impounded for seven days from the time it was detained.
This is all at the cost and risk to the owner. This means that if your bike is damaged during the tow or impound you have assumed all risk and you may not be compensated.
Release of vehicle
(8) The motor vehicle shall be released only to its owner from the impound facility when the impound period is over and the costs of impound have been paid by the owner.
Early release of vehicle
(9) Under the discretion of a police officer, the vehicle may be released to its owner before it is impounded and may direct the impound facility to release the vehicle early to the owner once all applicable fees have been paid if the officer is certain that the vehicle was stolen at the time of the offence.
Duty of officer regarding licence suspension
(What the officer is required to do)
(10) Every officer who asks for the surrender of a person’s driver’s licence will keep documentation stating the time and date of the surrender and will provide notice of suspension as soon as is possible with the time frame that the license will be suspended for. (Note: this section does not include how notice must be given, therefore it could be verbal)
Duty of officer re: impoundment
(What the officer is required to do)
(11) Every officer who impounds a vehicle must prepare a notice that includes:
- the motor vehicle that is to be impounded under
- the name and address of the driver
- date and time of the impoundment
and provide the driver with a copy of the notice showing the time frame of impoundment (start/end) and the where the vehicle is being held as soon as possible.
Duty of officer re: impoundment
(12) This notice can be sent through mail to the address on your license or handed over personally.
No appeal or hearing
(13) You can not appeal the licence suspension, surrender or vehicle impoundment (subsection (5), (6) or (7)), but this has no effect during court proceedings.
Lien for storage costs
(14) The cost for storage of your vehicle are considered a lien on the motor vehicle. This means that the impound lot may hold your vehicle until all costs have been paid.
Repair and Storage Liens Act. 2007, c. 13, s. 21.
Costs to be paid before release of vehicle
(15) The person who operates the impound facility does not have to release the motor vehicle until the removal and impound costs for the vehicle have been paid.
Owner may recover losses from driver
(16) The owner of a motor vehicle that is impounded may bring a legal suit to the person who was driving the vehicle at the time in order to recover any costs incurred. (Note: this section sets the precedent that the owner must pay for all fees and bring a lawsuit afterwards, they cannot force the person driving to pay the fees upfront)
Offence
(17) Every person who gets in the way of a police officer while performing their duties is guilty of an offence and if convicted in court can be fined of $200 up to $5,000 or sent to prison for a term of 1 day to 6 months, or to both. This can include the driver of the vehicle (for example taking off after being stopped could result in an offence being laid under this section)
Intent of suspension and impoundment
(18) The suspension of a driver’s licence and the impound of a motor vehicle are to help with compliance to this act and to provide safety for the public, not as a punishment. The suspension and impound do not mean that you have been found guilty and do not take the place of your court proceedings.
Impoundment concurrent with other administrative impoundments
(18.1) The impound of a motor vehicle under this section runs at the same time of any other impound already in place. (This means if your vehicle has been impounded for another reason the impound time is not added on, it is served at the same time)
(19) Repealed: 2008, c. 17, s. 43.
Regulations
(20) The Lieutenant Governor in Council may make regulations,
(a) requiring police officers to keep records with respect to licence suspensions and vehicle impoundments under this section for a specified period of time and to report specified information with respect to licence suspensions and vehicle impoundments to the Registrar and governing such records and reports;
(b) exempting any class of persons or class or type of vehicles from any provision or requirement of this section or of any regulation made under this section, prescribing conditions for any such exemptions and prescribing different requirements for different classes of persons or different classes or types of vehicles;
Definition
(21) “Drivers License” means any drivers license, even those offered by a different issuer. (read; us license, other provinces)
Same
(22) “motor vehicle” includes a street car, a motorized snow vehicle, a farm tractor, a self-propelled implement of husbandry and a road-building machine.
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