Ontario to review how it notifies drivers of licence suspensions

Star stories highlight high number of Ontario drivers shocked to find their licences suspended - even after years of renewing plates. The new rule aims to change that.

Thestar.com
April 13, 2017
By Norris McDonald

Ontario’s Transportation Ministry promises to look at how it notifies drivers when their licences are suspended, but says the onus remains on drivers to make sure their licences are valid before driving.

A spokesperson for Transportation Minister Steven Del Duca was responding to stories published in the Star about drivers with suspended or cancelled licences, for nonpayment of fines, driving for as many as four years before discovering they were driving illegally. They usually learned of the suspension after being stopped on a police licence-plate check.

One such driver, Toronto resident James Strachan, drove for more than four years with a suspended licence because he was late paying a speeding ticket for going 15 km/h over the 100 km/h limit on Hwy. 401 near Oshawa in 2013. He was informed of the suspension by an OPP officer in February.

Strachan, who paid the ticket a few months after receiving it, having put it in his glove box and forgotten about it, said he was never informed that his licence was suspended.

He said he doesn’t understand how he was able to renew his licence plate several times, purchase a new car and renew his insurance regularly without someone in a position of authority noticing that he didn’t have a driver’s licence.

The Star received more than 100 messages from drivers in similar situations as a result of Strachan’s story, and many more after a followup article was published.

In response, Andrea Ernesaks, a spokesperson for Del Duca, said all the information is on the ticket.

“Drivers are informed on their ticket that the driver’s licence can be suspended if no action is taken within a certain time frame (15 days),” Ernesaks said in an email to the Star. “If the ticket is not paid within the allocated time frame, the provincial court directs the Ministry of Transportation to suspend the driver’s licence.

“A Notice of Suspension (NOS) is then sent to the driver advising of the unpaid fine suspension and the steps required to reinstate their driver’s licence, including paying the reinstatement fee at a Service Ontario location. Information on the back of the NOS advises that if the reinstatement is not paid, the licence will be cancelled without further notice.”

“Once a driver’s licence (DL) has been suspended,” Ernesaks added, “the driver is responsible for meeting all of the requirements to have it reinstated.”

The ministry considers anyone who has gone more than three years without renewing - or reinstating - their licence to be a person who has decided not to drive in Ontario any longer. As a result, those offenders are required to start over by going through the graduated licensing program, which is designed to teach skills and give new drivers experience.

In the case of Strachan and others in the same boat, graduated licensing is a requirement for reinstatement, although waiting periods are generally waived. These drivers don’t get a break on fees and have to pay the same amount as a new driver.

Ernesaks indicated that, ultimately, the ministry doesn’t have a lot of sympathy for people like Strachan.

“I understand that there are concerns that the system should be strengthened to ensure effective notification, and we will certainly take a look,” Ernesaks said. “Having said that, Ontario has more than 9.3 million licensed drivers and each is responsible for ensuring that their licence remains valid if they want to drive — that it’s not expired or suspended - and that their home address information on their DL is accurate.”

And even though it’s 2017, and the technology exists for self-driving cars to be on the road in three or four years, Ernesaks said there are currently no provisions - or plans - to communicate with offenders via email or other modern communication methods.

“Suspension notices are being sent by regular mail in line with provisions stipulated in the Highway Traffic Act - Section 52 (2)(1)(b). Pursuant to this section, only suspension notices related to convictions under the Criminal Code of Canada are delivered via registered mail.”

There does, however, seem to be a bit of a light at the end of the tunnel. Ernesaks said that a previously announced regulation change, which kicks in May 1, will see licence plate renewal denied if there are unpaid fines - which may tip off a driver that their licence is suspended.

“As of May 1, Ontario will be introducing an expanded plate denial regime for defaulted driving fines,” Ernesaks wrote. “Under this regime, individuals with defaulted fines that currently result in a licence suspension will face licence plate denials as well.”