Conditions for Novice, Young & Other Drivers in Ontario

Violation of any of the conditions of your driver’s licence may void your liability and collision insurance coverage, because under statutory condition 4 (1) of the standard Ontario auto policy (OAP1), “the insured shall not drive or operate or permit any other person to drive or operate the automobile unless the insured or other person is authorized by law to drive or operate it.” For the same reason, if the owner of a vehicle permits the driver to use the vehicle while any of the driver’s conditions are being violated, the owner risks voiding his or her insurance coverage. To avoid coverage issues, make sure you understand and follow all of the conditions applicable to your driver’s licence, as well as those of anyone you allow to drive your vehicle. Here are some of the details…

Please do not construe this as legal advice, but rather as a summary, in plain English, and as a public service. The full details of driver’s licence conditions are found in a variety of sources. Two documents that are useful resources are the regulation under the Highway Traffic Act pertaining to drivers’ licences (O.Reg. 340/94), as well as section 32 and section 44.1 of the Highway Traffic Act.

Conditions for Novice Drivers

Novice drivers are drivers with a class G1 or G2 licence (or an M1 or M2 licence). The novice driver is “not authorized by law to drive” unless he or she meets these conditions:

For Class G2 Drivers:

1.     blood alcohol concentration must be zero
2.     there must be an operable seat belt assembly available for use by every passenger
3.     between the hours of midnight and 5 a.m., there must be not more than one [a] passenger in the vehicle under the age of twenty [b].

For Class G1 Drivers, the above conditions must be met and in addition:

1.     an accompanying driver must occupy the seat beside the driver, for the purpose of giving the driver instruction in driving
2.     no person other than the novice driver and the accompanying driver shall occupy a front seat
3.     the accompanying driver must be a fully licenced driver in a Class G vehicle
4.     the accompanying driver must have been licensed for 4 years
5.     the accompanying driver must be wearing his or her corrective lenses, if required, and must meet the applicable requirements of the Highway Traffic Act
6.     the accompanying driver’s blood alcohol level must be less than .05
7.     the vehicle cannot be driven on a 400 series highway or other designated highways where the speed limit is in excess of 80km/h, such as the QEW, the Don Valley Parkway, the Gardiner Expressway, the E.C. Row Expressway or parts of the Conestoga Parkway

 For Class M2 Drivers:

1.     blood alcohol concentration must be zero

 For Class M1 Drivers, the above condition must be met and in addition:

1.     the motorcycle may only be driven from one-half hour before sunrise to one-half hour after sunset
2.     no passenger may be carried on the motorcycle
3.     the motorcycle may not be driven on a highway with a speed limit in excess of 80 km/h (with some exceptions)

Conditions for Young Drivers

Young drivers are drivers under the age of 22, regardless of their class of licence.  Under s. 44.1 of the Highway Traffic Act: “It is a condition of the driver’s licence of every young driver that his or her blood alcohol concentration level be zero while he or she is driving a motor vehicle on a highway.”

Conditions for All Drivers

There are a host of conditions that apply to all drivers.  As a condition of their licence, class G licence holders are not permitted to operate vehicles having a gross weight of more than 11,000 kg.  Only Class B licence holders are authorized to drive a school bus.  Only Class F licence holders are authorized to drive an ambulance.  Only class A licence holders can operate motor vehicles that have trailers of over 4,600 kg (there may be exceptions to this rule).

There are also conditions that apply to specific drivers.  A good example is that many drivers must wear corrective lenses as a condition of their licence.  Some drivers, as a condition of their licence, are required to pass medical examinations.  Some are required to have special or modified controls.

Violation of any condition of your driver’s licence may affect your insurance coverage.

 

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[a] If the driver has had a G2 licence for at least six months, there can be three passengers. “At least six months” means at least the immediately preceding six months i.e. no gaps such as from a suspension.

[b] Other than a person who is a member of the G2 driver’s “immediate family.” Also, this rule does not apply if the novice driver is at least 20 years old. “Immediate family” includes immediate family who are related by blood, marriage, conjugal relationship outside marriage or adoption.