Speeding - (705) 268-6492

1. Highway Traffic Act:

Section 128(1) of the Highway Traffic Act reads that no person shall drive a motor vehicle at a rate of speed greater than:

  • A. 50 kilometers per hour on a highway within a local municipality or built-up area;
  • B. 80 kilometers per hour on a highway that is not within a built-up area,
  • C. 80 kilometers per hour on a highway designated by the Lieutenant Governor in Council as “controlled highway access”,
  • D. The rate of speed prescribed for motor vehicles on a highway,
  • E. The maximum rate of speed set and posted in a construction zone, or
  • F. The maximum rate of speed posted on a highway, or portion of a highway.

2. Penalties

A. Fine:

Section 128(14) of the Highway Traffic Act reads that every person who contravenes this section is guilty of an offence and is liable, where the rate of speed is:

  • (C) 30 kilometers per hour or more but less than 50 kilometers per hour over the speed limit, to a fine of $7 for each kilometer per hour that the motor vehicle was driven over the speed limit; and
  • (D) 50 kilometers per hour or more over the speed limit, to a fine of $9.75 for each kilometer per hour that the motor vehicle was driven over the speed limit.
  • NOTE: Fines will be doubled if you are found guilty of speeding in a construction zone or community safety zone.

B. Demerit Points/Licence Suspension:

1) 30 km/hr +: If you are found guilty of driving 30 km/hr or more over the speed limit:

  • a. You will receive four (4) demerit points.
  • b. You will NOT receive a licence suspension

2) 50 km/hr +: If you are found guilty of driving 50 km/hr or more over the speed limit:

  • a. You will receive six (6) demerit points,
  • b. For a first conviction you will receive less than a 30 day licence suspension,
  • c. For a subsequent offence, you could receive up to a 60 day licence suspension,
  • d. For any additional subsequent offences, you could receive a licence suspension of less than 1 year.

C. Victim Fine Surcharge:

1) 30 km/hr +: If you are found guilty of driving 30 km/hr – 49 km/hr or more over the speed limit you will receive a fine of between $210 - $343 dollars.

  • a. If you receive a fine between $201 and $250 you will be required to pay a victim fine surcharge of $50.00.
  • b. If you receive a fine between $251 and $300 you will be required to pay a victim fine surcharge of $60.00.
  • c. If you receive a fine between $301 and $350 you will be required to pay a victim fine surcharge of $75.00

2) 50 km/hr +: If you are found guilty of driving 50 km/hr or more over the speed limit you will receive a minimum fine of $487.50.

  • a. If you receive a fine between $451 and $500 you will be required to pay a victim fine surcharge of $110.00.
  • b. If you receive a fine between $501 and $1000 you will be required to pay a victim fine surcharge of $125.00.
  • c. If you receive a fine of over $1,000 you will be required to pay a victim fine surcharge of twenty-five percent (25%) of the actual fine.

3. Examples:

1. If you are found guilty of driving 128 km/hour in a 90 km/hour zone (38 kilometers over the speed limit) you will be liable to pay a fine of $266.00 (38 x 7), and you will also receive four demerit points.

2. If you are found guilty of driving 155 km/hr in a 100 km/hour zone (55 km over the speed limit), you will be liable to pay a fine of $536.25 (55 x 9.75), you will receive six demerit points, and your licence will be suspended for less than 30 days.

3. If you are again found guilty of driving 175 km/hour in a 100 km/hour in a construction zone (75 km over the speed limit), you will be liable to pay a fine of $1,462.50 (75 x 9.75 x 2), you will receive six demerit points, and your licence will be suspended for less than 60 days.

4. Your File:

Katherine Armstrong, a lawyer with the office of Suzanne Desrosiers Professional Corporation will review your case and will provide you with a legal opinion. If you choose to defend the charge, she will advocate for you to the best of her ability. That may mean going to trial or having the charge reduced to a lesser offence. You may reach Katherine at 705-268-6492.