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why is the fine for driving without insurance so high

Why is the fine for Driving without Insurance so high in Ontario?

Why is the fine for Driving without Insurance so high in Ontario?

The penalties for Driving Without Insurance are severe.

The penalties for Driving Without Insurance are found in section 2(3) of the “Compulsory Automobile Insurance Act”.  (Click here to read the penalties as they are written in the law.)

Here is a summary of the penalties:

  • Fines – For a 1st Time Conviction: For a first-time conviction, the minimum fine is $5,000.  The maximum fine is $25,000. 
  • Fines – For Subsequent Convictions: If you have previous convictions on this charge, then the minimum fine is $10,000.  The maximum fine is $50,000.
  • License Suspension: Up to 1 year.
  • Vehicle Impoundment: Up to 3 months.

And, with all fines, the province adds a victim surcharge equal to 25% of the fine amount.  So, with a $5,000 fine, the total fine would be $6,250.  And, with a maximum fine of $50,000, the total fine would be $62,500.

Why are the penalties for Driving With No Insurance so harsh?

  • The penalties are severe because Driving Without Insurance in Ontario is considered a “public safety” offence. Here’s what that means.
  • A typical car weighs about 4,000 pounds (or about 1,800 kilograms). That is a lot of weight to be moving on a set of wheels.
  • Don’t think of it as a car. Think of your vehicle as a weapon.  A 4,000-pound weapon. That can kill a person.  That can put someone in a wheelchair. That can cause property damage.
  • In the context of driving a 4,000 weapon, the Ontario lawmakers made a public policy decision. They do not want people driving a vehicle without insurance.  Doing so poses a real danger to society (remember, think of a 4,000-pound weapon).
  • Because Driving Without Insurance is considered a danger to the public, the lawmakers treat this charge differently and more harshly than a typical traffic ticket. This charge is more serious than “regular” traffic offences.
  • Severe penalties are given because the lawmakers only want people to drive that follow the rules of the road. And creating harsher punishments sends a message to the public that society will not accept driving without insurance.
  • Yes, the province will charge you with incredibly severe penalties.  Yes, the lawmakers know this is harsh.  Yes, the lawmakers know that you might not be able to absorb these penalties.  And, if you are convicted with these penalties, then you lose your ability to feed yourself and your family.  Yes, the lawmakers know that. But, that is the price you will pay when you pose a risk to the public.
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Jon Cohen, Partner

Jonathan earned an Honours BA in Mass Communications and Political Science from York University, Toronto.  He is licensed by the Law Society of Ontario.

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