172. (1)
Racing, stunts, etc., prohibited
No person shall drive a motor vehicle on a highway in a race or contest, whlle perfoming a stunt on on a bet or wager.
(2) Offence - Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less that $2,000 and not more that $10,000 or to imprisonment for a term of not more that six months, or to both, and in addition his or her driver's licence may be suspended,
(a) on a first conviction under this section, for not more that two years; or
(b) on a subsequent conviction under this section, for not more than 10 years.
(5) Police to require surrender of driver's licence, detention of motor vehicle - Where a police officer believes on reasonable and probable grounds that a person is driving, or has driven, a motor vehicle on a highway in contravention of subsection (1) the officer shall,
(a) request that the person surrender his or her driver's licence; and
(b) detain the motor vehicle that was being driven by the person until it is impounded under clause (7)(b).
(6) Administrative seven-day licence suspension - Upon a request being made under clause (5)(a), the person to whom the request is made shall forthwith surrender his or her driver's licence to the police officer and,whether or not the person is unable or fails to surrender the licence to the police officer, his or her driver's licence is suspended for a period of seven days from the time the request is made
(7) Administrative seven-day vehicle impoundment - Upon a motor vehicle vehicle being detained under clause (5)(a), the motor vehicle shall, at the cost of and risk to its owner,
(a) be removed to an impound facility as directed by a police officer; and
(b) be impounded for seven days from the time it was detained under clause (5)(b)
(8) Release of vehicle - Subject to subsection (15) the motor vehicle shall be release to its owner from the impound facility upon the expiry of the period of impoundment.
ONTARIO REGULATION 455/07 - Contests, Stunts, Racing
Report to Registrar
1. (1) A police officer who requests, under clause 172 (5) (a) of the Act, that a person surrender his or her driver's licence shall, before providing the person with the notice of suspension required by subsection 172 (10) of the Act, report the request and the following information to the Registrar:
1. The driver's name.
2. If known, the driver's address, date of birth and driver's licence number.
3. The date and time of the request.
4. The location at which the alleged offence under subsection 172 (1) of the Act took place.
(2) The report under subsection (1) shall be made by any form of telecommunication.
(3) A police officer who has made a report under subsection (1) shall, as soon as practical after making the report, complete a form provided by the Registrar for that purpose and forward the completed form to the Registrar.
Definition, "race" and "contest"
2. (1) For the purposes of section 172 of the Act, "race" and "contest" include any activity where one or more persons engage in any of the following driving behaviours:
1. Driving two or more motor vehicles at a rate of speed that is a marked departure from the lawful rate of speed and in a manner that indicates the drivers of the motor vehicles are engaged in a competition.
2. Driving a motor vehicle in a manner that indicates an intention to chase another motor vehicle.
3. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,
i. driving a motor vehicle at a rate of speed that is a marked departure from the lawful rate of speed,
ii. outdistancing or attempting to outdistance one or more other motor vehicles while driving at a rate of speed that is a marked departure from the lawful rate of speed, or
iii. repeatedly changing lanes in close proximity to other vehicles so as to advance through the ordinary flow of traffic while driving at a rate of speed that is a marked departure from the lawful rate of speed.
(2) In this section,
"marked departure from the lawful rate of speed" means a rate of speed that may limit the ability of a driver of a motor vehicle to prudently adjust to changing circumstances on the highway.
Definition, "stunt"
3. For the purposes of section 172 of the Act, "stunt" includes any activity where one or more persons engage in any of the following driving behaviours:
1. Driving a motor vehicle in a manner that indicates an intention to lift some or all of its tires from the surface of the highway, including driving a motorcycle with only one wheel in contact with the ground, but not including the use of lift axles on commercial motor vehicles.
2. Driving a motor vehicle in a manner that indicates an intention to cause some or all of its tires to lose traction with the surface of the highway while turning.
3. Driving a motor vehicle in a manner that indicates an intention to spin it or cause it to circle, without maintaining control over it.
4. Driving two or more motor vehicles side by side or in proximity to each other, where one of the motor vehicles occupies a lane of traffic or other portion of the highway intended for use by oncoming traffic for a period of time that is longer than is reasonably required to pass another motor vehicle.
5. Driving a motor vehicle with a person in the trunk of the motor vehicle.
6. Driving a motor vehicle while the driver is not sitting in the driver's seat.
7. Driving a motor vehicle at a rate of speed that is 50 kilometres per hour or more over the speed limit.
8. Driving a motor vehicle without due care and attention, without reasonable consideration for other persons using the highway or in a manner that may endanger any person by,
i. driving a motor vehicle in a manner that indicates an intention to prevent another vehicle from passing,
ii. stopping or slowing down a motor vehicle in a manner that indicates the driver's sole intention in stopping or slowing down is to interfere with the movement of another vehicle by cutting off its passage on the highway or to cause another vehicle to stop or slow down in circumstances where the other vehicle would not ordinarily do so,
iii. driving a motor vehicle in a manner that indicates an intention to drive, without justification, as close as possible to another vehicle, pedestrian or fixed object on or near the highway, or
iv. making a left turn where,
(A) the driver is stopped at an intersection controlled by a traffic control signal system in response to a circular red indication;
(B) at least one vehicle facing the opposite direction is similarly stopped in response to a circular red indication; and
(C) the driver executes the left turn immediately before or after the system shows only a circular green indication in both directions and in a manner that indicates an intention to complete or attempt to complete the left turn before the vehicle facing the opposite direction is able to proceed straight through the intersection in response to the circular green indication facing that vehicle.
Exceptions
4. (1) Despite section 2, "race" and "contest" do not include,
(a) a rally, navigational rally or similar event that is conducted,
(i) under the supervision of the Canadian Association of Rally Sport,
(ii) under the supervision of a club or association approved in writing by the Ministry, or
(iii) with the written approval of the road authority or road authorities having jurisdiction over the highway or highways used;
(b) motor vehicle owners engaged in a tour, scenic drive, treasure hunt or other similar motoring event in which the participants drive responsibly and in a manner that indicates an overall intention to comply with the provisions of the Act; or
(c) an event held on a closed course with the written approval of the road authority having jurisdiction over the highway, including any event lawfully using any of the trademarks "CART", "Formula One", "Indy", "IndyCar", "IRL" or "NASCAR".
(2) Despite sections 2 and 3, "race", "contest" and "stunt" do not include any activity required for the lawful operation of motor vehicles described in subsections 62 (15.1) or 128 (13) of the Act, or the lawful operation of an emergency vehicle as defined in subsection 144 (1) of the Act.
