Stunt Driving
Stunt driving is a provincial offence under section 172 of the Ontario Highway Traffic Act. The conduct captured is wide — racing, drag racing, certain types of aggressive driving, and significant speeding above the limit. Despite being a provincial (not criminal) offence, stunt driving carries severe penalties, including immediate roadside vehicle impoundment and licence suspension. It is one of the harshest provincial offences in Ontario.
What constitutes stunt driving
Ontario Regulation 455/07, made under section 172, defines stunt driving conduct. Recurring categories include: driving 40 km/h or more over the posted limit in zones where the limit is under 80 km/h, and 50 km/h or more where the limit is 80+ (the latter raised from the previous threshold of 50 km/h); driving in a manner that indicates an intention to lift the vehicle's tires from the road surface ("burnouts," "wheelies"); driving in a manner that indicates an intention to cause some or all of the vehicle's tires to lose traction with the road surface while turning ("donuts," "drifts"); driving with a person in the trunk; driving while not in the driver's seat; racing other vehicles.
Immediate roadside penalties
Police can impose immediate roadside penalties for suspected stunt driving: vehicle impoundment for 14 days at the driver's expense; driver's licence suspension for 30 days. These penalties are administrative and apply immediately, before any court process. They are not contingent on a finding of guilt. Drivers can challenge the imposition through administrative review, but reversal is uncommon.
Court penalties on conviction
On conviction, section 172 carries: fines of $2,000 to $10,000; possible jail of up to 6 months; licence suspension of up to 3 years (first offence), up to 10 years (second offence within 10 years), lifetime (third or subsequent offence); 6 demerit points; significant long-term insurance impact. Driving while suspended on a stunt driving suspension is itself an offence (HTA section 53) and can also support a criminal charge under section 320.18 of the Code.
Defences
Defences include: contesting the speed measurement (radar/lidar calibration, identification of the vehicle as the source of the reading); contesting the characterization of the conduct (driving was assertive but not stunt driving); necessity (emergency justifying the speed); identification of the driver (in cases where the driver was not directly observed); and Charter challenges to the stop in some configurations. Many cases resolve through reductions to lesser HTA charges (speeding 30-49 km/h over, careless driving).
Why stunt driving matters strategically
Stunt driving has unusually severe consequences for a non-criminal offence. Even a first conviction can disrupt employment, generate years of insurance increases, and create lasting consequences. Aggressive defence — and often resolution to a lesser charge — is essential. Mass Tsang's traffic and DUI lawyers handle stunt driving files across the GTA. For more, see our blog post on stunt driving charges in Ontario.
Related glossary terms
