This section takes a look at convictions related to both the Highway Traffic Act and the Criminal Code of Canada.
Since December 1996, drivers whose Blood Alcohol Concentration (BAC) is over the legal limit (.08), or who fail or refuse a breath test have had their driver's licences suspended immediately for 90 days under the Administrative Driver's Licence Suspension (ADLS) Program. This 90-day suspension is separate and distinct from any criminal charges a driver faces in court. ADLS suspensions issued decreased from 19,930 in 2002 to 18,367 in 2003.
Figure 7
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| Convictions* | Number |
|---|---|
| Highway Traffic Act | 1,136,076 |
| Regulations under the H.T.A | 13,364 |
| Criminal Code of Canada** | 18,266 |
| Municipal By-Law*** | 35 |
| Motor Vehicle Collision Claim/Compulsory Insurance Act | 65,918 |
| Motorized Snow Vehicles Act | 2,395 |
| Off-Road Vehicles Act | 1,472 |
| Out of Province Exchange (HTA) | 27,499 |
| Others**** | 365 |
| Total | 1,265,390 |
* Includes manually recorded convictions.
** This figure does not include 395 convictions for young offenders under the Criminal Code.
*** In previous years a large portion of convictions under H.T.A. Regulations were allocated to convictions under Municipal By-Law.
**** Others may include acts not listed above, such as Fuel Tax Act, Truck Transport Act, Dangerous Goods Transport Act and Motor Vehicle Transportation Act.
| Convictions | Number |
|---|---|
| Equipment | 23,362 |
| Administrative* | 143,029 |
| Seat Belt (Driver & Passenger)** | 62,685 |
| Other Non-Pointable Convictions *** | 40,055 |
| Speeding | 716,120 |
| Other Pointable Convictions (2 - 4 pts) | 128,518 |
| Other Pointable Convictions (5 - 7 pts) | 13,026 |
| Driving While Suspended | 9,281 |
| Total | 1,136,076 |
* Non-moving, weight, vehicle registration, licence renewal, etc.
** Failure to wear seat belt convictions registered against passengers over 16 are no longer included.
*** Now includes some out-of-province convictions.
| Convictions | Number |
|---|---|
| Alcohol Related** | 14,336 |
| Criminal Negligence | 20 |
| Fail to Remain at Collision | 620 |
| Fail to Stop for Police Officer | 393 |
| Driving While Disqualified | 1,817 |
| Dangerous Driving | 1,080 |
| Motor Manslaughter | 0 |
| Total | 18,266 |
* Does not include 395 convictions for young offenders.
** Includes some out-of-province convictions.
| Conviction Type | 1998 | 1999 | 2000 | 2001 | 2002 | 2003 |
|---|---|---|---|---|---|---|
| Criminal Negligence | 34 | 31 | 17 | 18 | 18 | 5 |
| Fail to Remain | 437 | 242 | 234 | 196 | 169 | 92 |
| Dangerous Driving | 1,150 | 1,009 | 959 | 1,021 | 860 | 514 |
| Impaired Driving | 9,532 | 9,103 | 9,224 | 8,743 | 7,603 | 4535 |
| Blood/Alcohol over .08 | 7,366 | 7,150 | 7,095 | 7,043 | 5,905 | 3471 |
| Fail to Provide Breath Sample | 1,269 | 1,362 | 1,270 | 1,201 | 964 | 493 |
| Driving While Disqualified | 2,339 | 2,027 | 1,976 | 1,777 | 1,677 | 1161 |
| Motor Manslaughter | 0 | 0 | 0 | 0 | 0 | 1 |
| Undefined | 0 | 0 | 0 | 0 | 0 | 1 |
| Total | 22,127 | 20,924 | 20,775 | 19,999 | 17,196 | 10,273 |
* The same driver can be represented in this table more than once.
As of March 25, 2004, there were 10,273 Criminal Code offences recorded for 2003. The 2003 breakdown will be updated in the 2004 annual report to accommodate the lag time in the recording of offences (offences are only recorded on driver records upon conviction).
| Month | 1998 | 1999 | 2000 | 2001 | 2002 | 2003 |
|---|---|---|---|---|---|---|
| January | 1,337 | 1,352 | 1,550 | 1,500 | 1,416 | 1,349 |
| February | 1,471 | 1,567 | 1,487 | 1,450 | 1,452 | 1,391 |
| March | 1,608 | 1,664 | 1,662 | 1,874 | 1,683 | 1,566 |
| April | 1,681 | 1,592 | 1,799 | 1,816 | 1,574 | 1,412 |
| May | 1,801 | 1,763 | 1,634 | 1,752 | 1,756 | 1,578 |
| June | 1,665 | 1,531 | 1,646 | 1,768 | 1,811 | 1,608 |
| July | 1,665 | 1,720 | 1,854 | 1,795 | 1,712 | 1,589 |
| August | 1,750 | 1,660 | 1,808 | 1,699 | 1,675 | 1,639 |
| September | 1,609 | 1,570 | 1,699 | 1,837 | 1,720 | 1,498 |
| October | 1,663 | 1,839 | 1,724 | 1,691 | 1,671 | 1,568 |
| November | 1,617 | 1,686 | 1,624 | 1,790 | 1,668 | 1,591 |
| December | 1,810 | 1,760 | 1,879 | 1,986 | 1,792 | 1,578 |
| Total | 19,677 | 19,704 | 20,366 | 20,958 | 19,930 | 18,367 |
* Adminstrative Driver License Suspension (ADLS) began on November 29, 1996.
See Appendix for a more detailed explanation of ADLS.
| Driver Age | Probationary | Novice First Accumulation | Novice Second Accumulation | Regular First Accumulation | Regular Second Accumulation |
|---|---|---|---|---|---|
| 16 | 0 | 1 | 0 | 0 | 0 |
| 17 | 0 | 36 | 1 | 0 | 0 |
| 18 | 0 | 303 | 8 | 5 | 0 |
| 19 | 0 | 649 | 40 | 24 | 0 |
| 20-24 | 0 | 1,928 | 231 | 448 | 33 |
| 25-34 | 2 | 621 | 101 | 697 | 53 |
| 35-44 | 1 | 224 | 16 | 374 | 31 |
| 45-54 | 2 | 80 | 7 | 160 | 7 |
| 55-64 | 0 | 11 | 6 | 63 | 3 |
| 65-74 | 0 | 1 | 0 | 7 | 0 |
| 75 + | 0 | 1 | 0 | 0 | 0 |
| Total | 5 | 3,855 | 410 | 1,778 | 127 |
Since 1994, novice drivers have been under the Graduated Licensing System. These drivers are subject to escalating actions, from a warning letter at 2 to 5 demerit points, an interview at 6 to 8 points and a 60-day suspension for a first accumulation of 9 points. After a first suspension, the demerit points are reduced to 4. If a driver attains 9 points again, the subsequent suspension is 6 months. Drivers who have obtained a full Class G licence are suspended for 30 days on the first accumulation of 15 demerit points and are suspended for 6 months on the second accumulation of 15 points within 2 years.
Until 1994, newly licensed drivers were covered by the probationary licence system until they had successfully completed two one-year periods of suspension-free driving. Probationary drivers were suspended for 30 days after accumulating 6 or more demerit points. The probationary licensing system ended on March 31, 1994. Drivers were grandfathered into the new Graduated Licensing System.
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