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Navigating Ontario's Stunt Driving Laws in Parking Lots

Stunt Driving in Parking Lots Ontario – Law Changed September 2021

Stunt Driving in Parking Lots: How Ontario’s 2021 Law Change Eliminated Your Safe Haven

Think you can do donuts in a mall parking lot without consequences? Legal representative Jon Cohen of Nextlaw, Ontario’s premier stunt driving lawyer, has a harsh reality check: since September 12, 2021, Ontario’s stunt driving laws under Section 172(1) of the Highway Traffic Act now apply to parking lots and private property. With stunt driving charges reaching 27,686 annually across Ontario in 2024, many defendants are shocked to discover that activities they believed were legal in private parking areas now carry the same devastating penalties as highway violations. Jon Cohen’s analysis reveals that this regulatory change eliminated what many considered “safe spaces” for automotive activities, extending the same 1-3 year license suspensions, $2,000-$10,000 fines, and potential jail time to virtually any location where vehicles operate.

The September 12, 2021 Regulatory Revolution

Legal representative Jon Cohen has documented the dramatic expansion of Ontario’s stunt driving enforcement through amendments to Ontario Regulation 455/07. As the leading stunt driving lawyer in Ontario, Nextlaw tracked this regulatory change that fundamentally altered where Section 172(1) charges can be laid.

What Changed: From Highways to “Specified Places”

Prior to September 2021, stunt driving charges were limited to highways and public roads. The regulatory amendment expanded enforcement to “specified places,” creating comprehensive coverage that includes:

Specified Places Under the New Regulation:

  • Any Parking Lot: Public or private, paved or unpaved, flat or multilevel
  • Beaches: Any beach area accessible to vehicles
  • Parks: Municipal, provincial, or private park areas
  • Bike Paths or Trails: Any designated pathway or trail system
  • Farm Fields: Agricultural property where vehicles operate
  • Sports Fields: Athletic facilities and recreational areas

According to Jon Cohen’s legal analysis, this expansion represents the most comprehensive extension of traffic enforcement authority in Ontario history, eliminating virtually all private property exemptions for stunt driving activities.

Comprehensive Definition of “Parking Lot” Under the New Law

As Ontario’s best stunt driving lawyer, Jon Cohen has analyzed the incredibly broad definition of “parking lot” under the amended regulation. The legal definition encompasses virtually any location where vehicles are present.

 

stunt driving in parking lots

What Qualifies as a Parking Lot

Legal representative Jon Cohen has identified that the regulation defines “parking lot” with sweeping inclusivity:

Physical Structures:

  • Any parking lot, garage or structure: Regardless of public or private ownership
  • Paved or unpaved: Surface material irrelevant to enforcement
  • Flat or multilevel: Single-story or parkade structures
  • Above or below grade: Ground level, elevated, or underground
  • Including driveways: Any road connecting parking areas to highways

Property Classifications:

  • Commercial parking lots: Shopping centers, malls, retail establishments
  • Industrial parking lots: Manufacturing facilities, warehouses, distribution centers
  • Private parking lots: Residential complexes, private businesses
  • Empty lots: Vacant property from which public would ordinarily be excluded

The “Invitation” Standard

Jon Cohen has identified the critical “invitation” standard that determines enforcement applicability:

Express or Implied Permission:

  • With Payment: Paid parking lots and commercial facilities
  • Without Payment: Free parking areas and customer lots
  • With Permission: Authorized access to private property
  • Without Permission: Even unauthorized entry can trigger enforcement

According to Jon Cohen’s analysis, this standard means that mall parking lots, grocery stores, Tim Hortons locations, and virtually any commercial or retail parking area falls under stunt driving enforcement jurisdiction.

Stunt Driving Activities Now Prohibited in Parking Lots

Legal representative Jon Cohen has documented that all stunt driving activities prohibited on highways now apply equally to parking lots and specified places. As the premier stunt driving lawyer in Ontario, Nextlaw defends clients charged with the same activities that were previously considered “harmless” in parking areas.

Traditional Stunt Activities

Activities that commonly occurred in parking lots now carry full stunt driving penalties:

Vehicular Stunts:

  • Donuts: Spinning vehicle in circles while maintaining control
  • Burnouts: Spinning tires while vehicle remains stationary
  • Drifting: Intentional oversteering causing tire loss of traction
  • Wheelies: Lifting front wheels off ground surface
  • Tire Lifting: Any intentional attempt to lift tires from surface

Racing and Competition Activities:

  • Racing: Two or more vehicles competing for speed or time
  • Chasing: One vehicle pursuing another in competitive manner
  • Time Trials: Individual vehicles attempting fastest times
  • Acceleration Contests: Vehicles competing from standstill

Speed-Based Violations in Parking Lots

Jon Cohen has identified that speed-based stunt driving charges now apply in parking lots with specific thresholds:

Parking Lot Speed Violations:

Most parking lots have posted speed limits of 10-20 km/h, meaning speeds as low as 50-60 km/h can trigger stunt driving charges.

Dangerous Driving Behaviors Now Prosecuted

As Ontario’s leading stunt driving lawyer, Nextlaw defends clients charged with dangerous driving behaviors in parking lots that previously faced no legal consequences. Legal representative Jon Cohen has documented the broad scope of activities now subject to prosecution.

Reckless Driving Activities

The regulation captures various dangerous behaviors beyond traditional stunts:

Endangering Activities:

  • Close Proximity Driving: Driving unnecessarily close to other vehicles, pedestrians, or objects
  • Interference Driving: Stopping or slowing to interfere with other vehicle movement
  • Cutting Off Passage: Deliberately obstructing other vehicles in parking areas
  • Improper Lane Usage: Occupying opposing traffic lanes for extended periods

Show-Off Behaviors:

  • Spinning Tires: Any intentional tire spinning creating smoke or noise
  • Excessive Engine Revving: Loud acceleration displays without movement
  • Aggressive Maneuvering: Sudden direction changes or aggressive turns
  • Trunk Passengers: Driving with persons in vehicle trunk
  • Driver Seat Abandonment: Operating vehicle while not in proper driver position

Limited Exceptions: What’s Still Legal

Legal representative Jon Cohen has identified the extremely narrow exceptions that remain under the amended regulation. As the best stunt driving lawyer in Ontario, Nextlaw emphasizes that these exceptions are limited and specific.

Designated Racing Facilities

The regulation provides exemptions for purpose-built facilities:

Exempt Locations:

  • Race Tracks: Facilities specifically built for automotive racing
  • Motor Speedways: Purpose-built high-speed racing venues
  • Go-Cart Tracks: Dedicated go-kart racing facilities

Jon Cohen emphasizes that these exemptions apply only to facilities “built specifically for that purpose” – not general parking areas occasionally used for automotive activities.

Authorized Events

Limited exceptions exist for formally authorized activities:

Required Authorization:

  • Written Approval: Must obtain formal permission from road authorities
  • Jurisdiction Authority: Approval from authorities having jurisdiction over highway access
  • Event-Specific: Authorization applies only to specific approved events
  • Insurance Requirements: Typically require comprehensive liability coverage

According to Jon Cohen’s analysis, these exceptions are extremely difficult to obtain and don’t apply to spontaneous parking lot activities.

The Immediate Penalties: Same as Highway Violations

As Ontario’s premier stunt driving lawyer, Nextlaw emphasizes that parking lot stunt driving charges carry identical penalties to highway violations. Legal representative Jon Cohen has documented that location doesn’t reduce the severity of consequences.

Immediate Roadside Penalties

Parking lot stunt driving charges trigger immediate enforcement consequences:

Roadside Suspensions and Impoundment:

  • 30-Day License Suspension: Immediate driving prohibition beginning at time of charge
  • 14-Day Vehicle Impoundment: Mandatory vehicle seizure regardless of location
  • No Exceptions: No discretionary reduction of immediate penalties
  • Towing and Storage Costs: $500-$1,500 in additional fees

Conviction Penalties

Jon Cohen has documented that parking lot convictions carry full stunt driving penalties:

Financial Consequences:

License Consequences:

  • First Offense: 1-3 year license suspension
  • Second Offense: 3-10 year suspension
  • Third Offense: Lifetime license prohibition
  • Driver Improvement Course: Mandatory completion before reinstatement

Additional Penalties:

Common Parking Lot Scenarios Now Illegal

Legal representative Jon Cohen has identified common parking lot activities that now result in stunt driving charges. As the leading stunt driving lawyer in Ontario, Nextlaw defends clients who were unaware these activities had become illegal.

Shopping Center and Mall Activities

Previously common activities in retail parking lots now carry severe penalties:

Mall Parking Lot Scenarios:

  • Car Meet Burnouts: Vehicle enthusiasts performing tire burnouts
  • Snow Drifting: Winter sliding activities in snowy parking areas
  • Acceleration Contests: Informal racing between vehicles
  • Donut Competitions: Circular spinning contests
  • Show-Off Driving: Aggressive maneuvering to impress spectators

Empty Lot Activities

Even vacant parking areas now fall under enforcement jurisdiction:

Industrial and Vacant Lot Scenarios:

  • Practice Driving: Using empty lots for driving skill development
  • Vehicle Testing: Testing automotive modifications or performance
  • Driver Training: Informal driving instruction in empty spaces
  • Recreational Activities: Using vacant lots for automotive entertainment

Enforcement Realities and Police Priorities

As Ontario’s best stunt driving lawyer, Jon Cohen has analyzed how police forces implement parking lot enforcement. The regulatory change provides officers with broad authority but enforcement varies by jurisdiction and circumstances.

Police Response Factors

Legal representative Jon Cohen has identified factors influencing parking lot enforcement:

Enforcement Triggers:

  • Public Complaints: Noise, safety concerns, or property damage reports
  • Officer Observation: Direct police witnessing of violations
  • Social Media Evidence: Posted videos or photos of parking lot activities
  • Repeat Locations: Known gathering spots for automotive activities
  • Safety Hazards: Activities creating genuine public danger

Jurisdiction Variations:

  • Municipal Police: Local forces may prioritize parking lot enforcement differently
  • OPP Coverage: Provincial police enforcement on highways connecting to parking areas
  • Private Security: Security personnel calling for police response
  • Property Owner Complaints: Business owners requesting enforcement action

Defense Strategies for Parking Lot Stunt Driving

Legal representative Jon Cohen employs specialized defense strategies for parking lot stunt driving cases that differ from highway violations. As the premier stunt driving lawyer in Ontario, Nextlaw has developed approaches specific to private property enforcement.

Jurisdiction and Authority Challenges

Jon Cohen has identified unique defense opportunities in parking lot cases:

Authority Questions:

  • Property Permission: Whether defendant had authority to be on property
  • Invitation Standards: Examining whether location meets “invitation” criteria
  • Public Access: Analyzing whether area qualifies as specified place
  • Property Boundaries: Determining exact location of alleged violations

Technical Challenges:

  • Speed Measurement: Accuracy of speed detection in confined areas
  • Officer Positioning: Sight line and measurement angle challenges
  • Environmental Factors: Buildings, structures affecting radar accuracy
  • Traffic Pattern Analysis: Normal parking lot movement versus violations

Procedural Defense Opportunities

Jon Cohen has developed procedural challenges specific to parking lot enforcement:

  • Charter Rights Applications: Examining lawful authority for private property enforcement
  • Evidence Challenges: Video evidence admissibility and authentication
  • Witness Credibility: Challenging civilian witness testimony
  • Property Rights Issues: Balancing enforcement authority with property rights

Insurance and Employment Impacts

As the leading stunt driving lawyer in Ontario, Jon Cohen has documented that parking lot convictions create identical insurance and employment consequences to highway violations. Location doesn’t reduce the severity of life impacts.

Insurance Consequences

Parking lot stunt driving convictions affect insurance coverage identically to highway violations:

Premium Impacts:

  • Immediate Increases: 200-400% premium increases upon conviction
  • Duration: Rate increases lasting 3-6 years minimum
  • Coverage Cancellation: Many insurers refuse coverage for stunt driving convictions
  • High-Risk Classification: Assignment to high-risk insurance pools

Employment Impacts

Legal representative Jon Cohen has identified that parking lot convictions create identical employment consequences:

Prevention Strategies for Parking Lot Activities

As Ontario’s best stunt driving lawyer, Jon Cohen provides essential prevention advice for drivers who engage in automotive activities. The regulatory change requires fundamental behavior modification to avoid serious legal consequences.

Safe Alternatives for Automotive Enthusiasts

Jon Cohen recommends legal alternatives for automotive activities:

Legitimate Venues:

  • Licensed Race Tracks: Purpose-built facilities with proper insurance
  • Drag Strips: Official quarter-mile racing venues
  • Autocross Events: Organized skill-based driving competitions
  • Track Days: Rental opportunities at professional racing facilities
  • Driving Schools: Professional instruction in controlled environments

Organized Events:

  • Sanctioned Car Shows: Events with proper permits and insurance
  • Charity Fundraisers: Community events with authorized activities
  • Professional Demonstrations: Licensed stunt driving exhibitions
  • Manufacturer Events: Official automotive company demonstrations

Risk Management for Property Owners

Jon Cohen advises property owners on managing liability exposure:

  • Clear Signage: Posted speed limits and prohibited activity warnings
  • Security Measures: Surveillance and security personnel deterrence
  • Access Control: Barriers preventing unauthorized automotive activities
  • Law Enforcement Coordination: Established relationships with local police

Nextlaw Client Success: Parking Lot Defense

“On the 400-series highway Northbound, I accelerated to pass a truck downhill in my classic sports car. When I went to brake, you can imagine my surprise as my brake line burst and I had no brakes whatsoever. I saw an officer and flashed my high beams and waved him down. Long story short I was charged with stunt driving and NextLaw helped me every step of the way. Jon Cohen was amazing, kept me informed, and got all charges withdrawn. I can’t thank them enough!” – S.N.

The Bottom Line: No More Safe Havens

Legal representative Jon Cohen’s analysis demonstrates that Ontario’s September 2021 regulatory changes eliminated virtually all “safe spaces” for automotive activities. As the premier stunt driving lawyer in Ontario, Nextlaw emphasizes that parking lots, private property, and recreational areas now carry identical enforcement authority to public highways.

What’s No Longer Safe:

  • Mall Parking Lots: Shopping centers, retail establishments, and commercial lots
  • Empty Lots: Vacant property and industrial areas
  • Private Property: Any location with implied or express public invitation
  • Recreational Areas: Beaches, parks, trails, and sports fields
  • Show-Off Activities: Donuts, burnouts, racing, or excessive speed anywhere

What You Still Face:

  • Identical Penalties: Same consequences as highway stunt driving
  • 30-Day Suspension: Immediate license prohibition
  • Vehicle Impoundment: 14-day mandatory seizure
  • Conviction Consequences: 1-3 year suspension, $2,000-$10,000 fines
  • Life-Long Impact: Insurance, employment, and personal consequences

Jon Cohen emphasizes that the days of consequence-free parking lot activities are permanently over. What was once considered harmless fun now carries career-ending legal consequences.

Contact Nextlaw – Specialized Parking Lot Defense

If you’ve been charged with stunt driving in a parking lot or private property, contact Nextlaw immediately for specialized defense representation. Legal representative Jon Cohen understands the unique challenges of private property enforcement and has developed defense strategies specific to these circumstances.

Don’t assume parking lot charges are automatically easier to defend than highway violations. The penalties are identical, but the defense strategies require specialized knowledge of property law and enforcement authority.

This analysis is based on Ontario Regulation 455/07 amendments effective September 12, 2021, and comprehensive legal analysis by Nextlaw and legal representative Jon Cohen. Every legal case is unique, and outcomes depend on specific circumstances and evidence. The regulatory changes apply to all specified places including parking lots and private property.

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About Jon Cohen, Partner

Jonathan practices exclusively in defending Stunt Driving charges in Ontario.  He is the co-founding partner of Nextlaw and is licensed by the Law Society of Ontario.

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Next Law publishes these articles and videos as a service to our website visitors for general informational purposes only. These materials do not, and are not, intended to, constitute legal advice. You should not act upon any such information without seeking professional counsel.