Driving Without a Licence in Ontario: Consequences and Penalties Explained

In Ontario, all drivers must have a valid driver’s licence issued by the provincial government or the jurisdiction where the driver resides. Driving without a licence constitutes a traffic offence that may carry significant penalties, including fines, potential incarceration, and increased insurance costs. 

What is Driving Without a Licence?

Under the Ontario Highway Traffic Act, all drivers of motor vehicles or street cars must carry a driver’s licence while operating their vehicle and surrender their licence to a police officer or other enforcement official upon demand for reasonable inspection. A driver may commit the offence of driving without a licence if they do not have a valid driver’s licence or operate a motor vehicle while not physically possessing their driver’s licence. Driving without a valid driver’s licence or physical possession of one’s driver’s licence constitutes an offence under the Highway Traffic Act that may result in penalties that include fines and possible incarceration. 

Types of Unlicensed Driving

A driver in Ontario may violate the provincial laws outlawing driving without a licence in various ways, including driving on a suspended licence, driving with an expired licence, or driving without having one’s driver’s licence in their physical possession. Unlicensed driving may also occur when a novice driver operates a motor vehicle in contravention of a condition or restriction of their licence; the vehicle owner can also face penalties for allowing a novice driver to operate their vehicle in violation of their licence restrictions.

Driving with a Suspended Licence

Drivers may not operate a motor vehicle in Ontario when they’ve had their Ontario driver’s licence or driving privileges suspended. Although Ontario law permits individuals to hold a second driver’s licence to obtain experience operating a motorcycle to qualify for a driver’s licence with a motorcycle endorsement or a licence required by and issued under the authority of a Canadian province or state or territory of the United States, a person who has had their driving privileges in Ontario suspended may not continue to drive under their second licence. Furthermore, the Highway Traffic Act law prohibits drivers from displaying or possessing a driver’s licence suspended under Ontario law.

Driving with an Expired Licence

A driver may commit an offence under the Highway Traffic Act by operating a motor vehicle with an expired driver’s licence without renewal. Driving with an expired driver’s licence has the same effect as operating a motor vehicle without a driver’s licence.

Driving Without a Licence Card

Finally, because Ontario law requires drivers to carry their driver’s licences whenever operating a motor vehicle to surrender the licence for reasonable inspection upon demand by a law or traffic enforcement officer, a driver may violate the law by driving without physical possession of their driver’s licence. 

Consequences of Unlicensed Driving in Ontario

Driving without a valid driver’s licence or physical possession of one’s licence can have various legal and financial consequences for a driver. First, driving while holding a valid driver’s licence but without physical possession of the licence car constitutes an offence that may impose fines. 

Driving with a suspended or expired driver’s licence or after having one’s driving privileges in Ontario suspended constitutes a much more severe offence that can impose harsher penalties. A first offence of driving without valid driving privileges or with a suspended or expired driver’s licence can impose a fine of up to $1,000. A subsequent offence increases the fines from $2,000 to $5,000. Furthermore, the court may choose to impose up to six months of incarceration instead of or in addition to fines for a first or subsequent offence. Finally, the authorities can impound a motorist’s vehicle for up to a week if they operate the vehicle without valid driving privileges. 

Impact on Car Insurance Rates

A conviction for driving without a driver’s licence can have other financial ramifications, including effects on your car insurance premiums. A conviction will go on your driving record, which insurance companies review when calculating your car insurance policy premiums; a conviction may remain on your record for several years, during which time insurance companies may increase your premiums as the offence may cause an insurer to view you as a riskier driver. 

Furthermore, when you cause a motor vehicle accident while driving without valid driving privileges, your insurance company may refuse to extend liability coverage, making you personally liable for any injuries and property damage that occur in the crash.

Exemptions and Special Cases

Depending on the facts of your case, you may have defence arguments against a charge of driving without a driver’s licence in Ontario. Potential defences include:

• Ontario authorities suspended or revoked your driver’s licence, but you have not yet received notice of the suspension/revocation.
• You hold a valid driver’s licence from another province or country, but the licence does not grant you the privilege to operate a motor vehicle in Ontario even though you reasonably believed you could lawfully drive a vehicle in Ontario with your licence.

The Highway Traffic Act also exempts drivers from needing to obtain an Ontario driver’s licence under various circumstances, including:

• A person 16 or older resides in another Canadian province and complies with the laws of that province governing drivers
• A resident 16 or older of another country or state holds an International Driver’s Permit
• A resident 16 or older of another state has not resided in Ontario for more than three months in any year and has complied with the laws of the country or state of their residence governing drivers.

A person who moves to and becomes a resident of Ontario may continue to drive for up to 60 days using a driver’s licence issued by the authorities in their prior jurisdiction of residence. After 60 days, a new resident of Ontario must obtain an Ontario driver’s licence. 

Furthermore, if you get caught driving after leaving your valid driver’s licence at home, you may have the opportunity to present it to the authorities later, at which point the Crown prosecution may choose to dismiss the charge.

Purchasing a Car Without a Licence

Generally, a person can purchase a motor vehicle in Ontario without a driver’s licence. However, most financial institutions will not agree to provide a car loan to a borrower who does not have a valid driver’s licence, although a purchaser without a licence can have a co-signer with a valid driver’s licence. A person without a driver’s licence who purchases and owns a vehicle cannot drive it until they obtain a licence. They also cannot obtain car insurance without a valid licence. 

Steps to Take if Caught Driving Without a Licence in Ontario

When the police stop you while driving without possession of your driver’s licence or valid driving privileges in Ontario, steps you can take to protect your rights and options and put yourself in the best position to face and resolve traffic charges include:

• If you have a driver’s licence but left it at home, bring a copy of your driver’s licence with you to your court hearing or meeting with prosecutors to prove your eligibility to drive.
• Follow the arresting officer’s instructions at the traffic stop but respectfully decline to answer any questions the officer may have about your offence.
• Contact an experienced traffic offence defence lawyer from Posner Craig Stein LLP as soon as possible after your traffic stop to discuss your legal options for seeking a favourable resolution to your charges.

Beat Driving Without Licence Charges with the Help of a Lawyer

If you’ve been charged with driving without a licence in Ontario, you need experienced legal guidance to explore your options for facing and resolving your charges. Contact a knowledgeable traffic offence lawyer from Posner Craig Stein LLP today for an initial consultation to learn how our firm can help you pursue a favourable outcome to charges of driving without a valid driver’s licence in Ontario.