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Ontario - Highway Traffic Act - Part X Rules of Road

Posted June, 2010

No claim for copyright is made to these materials. Ontario claims copyright to these. See Ontario notice of copyright. Neither is there any claim that the materials are accurate. Document is shown as is. For accurate reference resort must be made to printed statutes. See Publications Ontario in Toronto.

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Chapter H.8

Highway Traffic Act

Part X Rules of Road

PART X
RULES OF THE ROAD

Definitions, Part X

133.  In this Part,

“indication” means a signal lens display that is activated by internal illumination; (“indication”)

“road service vehicle” means a vehicle operated by or on behalf of a municipality or other authority having jurisdiction and control of a highway while the vehicle is being used for highway maintenance purposes; (“véhicule de la voirie”)

Note: On a day to be named by proclamation of the Lieutenant Governor, the definition of “road service vehicle” is repealed by the Statutes of Ontario, 1994, chapter 27, subsection 138 (11). See: 1994, c. 27, ss. 138 (11), 144.

“traffic control signal” means that part of a traffic control signal system that consists of one set of no less than three coloured lenses, red, amber and green, mounted on a frame and commonly referred to as a signal head; (“signalisation de la circulation”)

“traffic control signal system” means all of the signal equipment making up the installation at any location. (“système de panneaux de signalisation”) R.S.O. 1990, c. H.8, s. 133.

Direction of traffic by police officer

134.  (1)  Where a police officer considers it reasonably necessary,

(a) to ensure orderly movement of traffic;

(b) to prevent injury or damage to persons or property; or

(c) to permit proper action in an emergency,

he or she may direct traffic according to his or her discretion, despite the provisions of this Part, and every person shall obey his or her directions. R.S.O. 1990, c. H.8, s. 134 (1).

Highway closing

(2)  For the purposes of subsection (1), a police officer may close a highway or any part thereof to vehicles by posting or causing to be posted signs to that effect, or placing or causing to be placed traffic control devices as prescribed in the regulations. R.S.O. 1990, c. H.8, s. 134 (2).

Driving on closed highway prohibited

(3)  Where signs or traffic control devices have been posted or placed under subsection (2), no person shall drive or operate a vehicle on the closed highway or part thereof in intentional disobedience of the signs or traffic control devices. R.S.O. 1990, c. H.8, s. 134 (3).

Exception to subs. (3)

(4)  Subsection (3) does not apply to,

(a) the driver of a road service vehicle, an ambulance, a fire department vehicle, a public utility emergency vehicle or a police department vehicle; or

(b) a firefighter, as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1997, driving a motor vehicle other than one listed in clause (a) while performing his or her duties. 2009, c. 5, s. 42.

No Crown or road authority liability

(5)  Every person using a highway closed to traffic in accordance with this section does so at the person’s own risk and the Crown or road authority having jurisdiction and control of the highway is not liable for any damage sustained by a person using the highway so closed to traffic. R.S.O. 1990, c. H.8, s. 134 (5).

Regulations

(6)  The Minister may make regulations providing for the posting of signs and the placing of traffic control devices on any highway or any type or class thereof for the purposes of this section, and prescribing the types of signs and traffic control devices. R.S.O. 1990, c. H.8, s. 134 (6).

Removal of vehicle, debris blocking traffic

134.1  (1)  Where a police officer considers it reasonably necessary,

(a) to ensure orderly movement of traffic; or

(b) to prevent injury or damage to persons or property,

he or she may remove and store or order the removal and storage of a vehicle, cargo or debris that are directly or indirectly impeding or blocking the normal and reasonable movement of traffic on a highway and shall notify the owner of the vehicle of the location to which the vehicle was removed. 2005, c. 26, Sched. A, s. 20.

Costs of removal

(2)  The costs and charges for the removal and storage of the vehicle, cargo or debris removed are a debt due by the owner, operator and driver of the vehicle, for which they are jointly and severally liable, and the debt may be recovered in any court of competent jurisdiction and are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act. 2005, c. 26, Sched. A, s. 20.

Conflict with other Acts

(3)  In the event of a conflict with this section, the following prevail:

1. Part X of the Environmental Protection Act and the regulations made under it, with respect to a pollutant on a highway.

2. The Dangerous Goods Transportation Act and the regulations made under it. 2005, c. 26, Sched. A, s. 20.

Protection from liability

(4)  No action or other proceeding for damages shall be brought against a police officer, a police force, a police services board, any member of a police services board, the Crown, an employee of the Crown or an agent of the Crown for any act done in good faith in the performance or intended performance of a duty under this section, or in the exercise or intended exercise of a power under this section, or any neglect or default in the performance or exercise in good faith of such duty or power. 2005, c. 26, Sched. A, s. 20.

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (4) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 43 (1) and the following substituted:

Protection from liability

(4)  No action or other proceeding for damages shall be brought against a police officer, a police force, a police services board, any member of a police services board, an employee of the Crown or an agent of the Crown for any act done in good faith in the performance or intended performance of a duty under this section, or in the exercise or intended exercise of a power under this section, or any neglect or default in the performance or exercise in good faith of such duty or power. 2009, c. 5, s. 43 (1).

See: 2009, c. 5, ss. 43 (1), 59 (2).

Note: On a day to be named by proclamation of the Lieutenant Governor, section 134.1 is amended by the Statutes of Ontario, 2009, chapter 5, subsection 43 (2) by adding the following subsections:

Same

(4.1)  No action or other proceeding for damages, other than on account of injury to or the death of any person, shall be brought against a prescribed person or person belonging to a prescribed class of persons who is ordered by a police officer to remove or store a vehicle, cargo or debris under subsection (1) for any act done in good faith in the performance or intended performance of a duty under this section, or any neglect or default in the performance in good faith of such duty. 2009, c. 5, s. 43 (2).

Crown not relieved of liability

(4.2)  Despite subsections 5 (2) and (4) of the Proceedings Against the Crown Act, subsections (4) and (4.1) do not relieve the Crown of liability in respect of a tort committed by a person mentioned in subsection (4) or (4.1) to which it would otherwise be subject. 2009, c. 5, s. 43 (2).

Regulations

(4.3)  The Minister may make regulations prescribing persons or classes of persons for the purpose of subsection (4.1) and, in doing so, may describe the persons or classes by describing the circumstances or conditions under which they remove or store a vehicle, cargo or debris. 2009, c. 5, s. 43 (2).

See: 2009, c. 5, ss. 43 (2), 59 (2).

Definition

(5)  In subsection (2),

“operator” means,

(a) operator as defined in subsection 16 (1), and

(b) in the absence of evidence to the contrary, where there is no CVOR certificate, as defined in subsection 16 (1), or lease applicable to the commercial motor vehicle, the holder of the plate portion of the permit for the commercial motor vehicle. 2005, c. 26, Sched. A, s. 20.

Right of way at uncontrolled intersections

135.  (1)  This section applies where an intersection is not controlled by a stop or yield sign or a traffic control signal system. R.S.O. 1990, c. H.8, s. 135 (1).

Right of way

(2)  Every driver approaching an intersection shall yield the right of way to any vehicle in the intersection that has entered it from an intersecting highway. R.S.O. 1990, c. H.8, s. 135 (2).

Idem

(3)  When two vehicles enter an intersection from intersecting highways at approximately the same time, the driver on the left shall yield the right of way to the vehicle on the right. R.S.O. 1990, c. H.8, s. 135 (3).

Definitions

(4)  In this section,

“driver” includes street car operator and “vehicle” includes street car. R.S.O. 1990, c. H.8, s. 135 (4).

Stop at through highway

136.  (1)  Every driver or street car operator approaching a stop sign at an intersection,

(a) shall stop his or her vehicle or street car at a marked stop line or, if none, then immediately before entering the nearest crosswalk or, if none, then immediately before entering the intersection; and

(b) shall yield the right of way to traffic in the intersection or approaching the intersection on another highway so closely that to proceed would constitute an immediate hazard and, having so yielded the right of way, may proceed. R.S.O. 1990, c. H.8, s. 136 (1).

Acquiring right of way

(2)  Every driver or street car operator approaching, on another highway, an intersection referred to in subsection (1), shall yield the right of way to every driver or operator who has complied with the requirements of subsection (1). R.S.O. 1990, c. H.8, s. 136 (2).

Stop signs, erection at intersections

137.  In addition to stop signs required at intersections on through highways,

(a) the council of a municipality may by by-law provide for the erection of stop signs at intersections on highways under its jurisdiction; and

(b) the Minister may by regulation designate intersections on the King’s Highway at which stop signs shall be erected,

and every sign so erected shall comply with the regulations of the Ministry. R.S.O. 1990, c. H.8, s. 137; 2002, c. 17, Sched. F, Table.

Yield right-of-way signs

138.  (1)  The driver or operator of a vehicle or street car approaching a yield right-of-way sign shall slow down to a speed reasonable for the existing conditions or shall stop if necessary as provided in clause 136 (1) (a) and shall yield the right of way to traffic in the intersection or approaching on the intersecting highway so closely that it constitutes an immediate hazard and having so yielded may proceed with caution. R.S.O. 1990, c. H.8, s. 138 (1).

Erection of yield signs

(2)  No yield right-of-way sign shall be erected except in compliance with the regulations. R.S.O. 1990, c. H.8, s. 138 (2).

Right of way on entering highway from private road

139.  (1)  Every driver or street car operator entering a highway from a private road or driveway shall yield the right of way to all traffic approaching on the highway so closely that to enter would constitute an immediate hazard. R.S.O. 1990, c. H.8, s. 139 (1).

Exception to subs. (1)

(2)  Subsection (1) does not apply to a driver or operator entering a highway from a private road or driveway controlled by a traffic control signal of a traffic control signal system. R.S.O. 1990, c. H.8, s. 139 (2).

Pedestrian crossover, duties of driver

140.  (1)  Subject to subsection (2), when a pedestrian or a person in a wheelchair crossing a roadway within a pedestrian crossover,

(a) is upon the half of the roadway upon which a vehicle or street car is travelling; or

(b) is upon half of the roadway and is approaching the other half of the roadway on which a vehicle or street car is approaching so closely to the pedestrian crossover as to endanger him or her,

the driver of the vehicle or street car shall yield the right of way to the pedestrian or a person in a wheelchair by slowing down or stopping if necessary. R.S.O. 1990, c. H.8, s. 140 (1).

Where vehicle stopped at pedestrian crossover

(2)  When a vehicle or street car is stopped at a pedestrian crossover, the driver of any other vehicle or street car overtaking the stopped vehicle or street car shall bring the vehicle or street car to a full stop before entering the crossover and shall yield the right of way to a pedestrian or a person in a wheelchair,

(a) who is within the crossover upon the half of the roadway upon which the vehicle or street car is stopped; or

(b) who is within the crossover and is approaching the half of the roadway from the other half of the roadway so closely to the vehicle or street car that he or she is in danger if the vehicle or street car were to proceed. R.S.O. 1990, c. H.8, s. 140 (2).

Passing moving vehicles within 30 metres of pedestrian crossover

(3)  When a vehicle or street car is approaching a pedestrian crossover and is within 30 metres thereof, the driver of any other vehicle or street car approaching from the rear shall not allow the front extremity of his or her vehicle or streetcar to pass beyond the front extremity of the other vehicle or street car. R.S.O. 1990, c. H.8, s. 140 (3).

Duty of pedestrian or person in wheelchair

(4)  No pedestrian or person in a wheelchair shall leave the curb or other place of safety at a pedestrian crossover and walk, run or move the wheelchair into the path of a vehicle or street car that is so close that it is impracticable for the driver of the vehicle or street car to yield the right of way. R.S.O. 1990, c. H.8, s. 140 (4).

Municipal by-laws

(5)  No municipal by-law that purports to designate a pedestrian crossover on a highway on which the speed limit is in excess of 60 kilometres per hour is valid. R.S.O. 1990, c. H.8, s. 140 (5); 2005, c. 26, Sched. A, s. 21 (1).

Riding in pedestrian crossover prohibited

(6)  No person shall ride a bicycle across a roadway within a pedestrian crossover. R.S.O. 1990, c. H.8, s. 140 (6).

Offence

(7)  Every person who contravenes subsection (1), (2) or (3) is guilty of an offence and on conviction is liable to a fine of not less than $150 and not more than $500. 2005, c. 26, Sched. A, s. 21 (2).

Turning at intersections

141.  (1)  In this section,

“centre line” means,

(a) in the case of a highway on which traffic is permitted to move in opposing directions, the marked line or median that divides traffic moving in opposing directions on the highway or, where there is no marked line or median, the centre of the roadway, and

(b) in the case of a highway designated for the use of one-way traffic, the left curb or edge of the roadway. R.S.O. 1990, c. H.8, s. 141 (1).

Right turn at intersection

(2)  Where a driver or operator of a vehicle intends to turn to the right into an intersecting highway, he or she shall, where the highway on which he or she is driving has marked lanes for traffic, approach the intersection within the right-hand lane or, where it has no such marked lanes, by keeping immediately to the left of the right curb or edge of the roadway and he or she shall make the right turn by entering the right-hand lane of the intersecting highway where the lane is marked or, where no such lane is marked, by keeping immediately to the left of the right curb or edge of the roadway being entered. R.S.O. 1990, c. H.8, s. 141 (2).

Right turn, where multiple lanes

(3)  Despite subsection (2), where more than one lane of a highway has been designated as a right-turn lane, the driver or operator of a vehicle intending to turn to the right into an intersecting highway shall approach the intersection in one of the lanes and leave the intersection in the lane of the intersecting highway that corresponds to the lane from which the turn was commenced. R.S.O. 1990, c. H.8, s. 141 (3).

Exception

(4)  A driver of a road service vehicle entering an intersection within a lane other than one described in subsection (2) or (3) may make a right turn from the approach lane if the turn can be safely made. R.S.O. 1990, c. H.8, s. 141 (4).

Left turn, across path of approaching vehicle

(5)  No driver or operator of a vehicle in an intersection shall turn left across the path of a vehicle approaching from the opposite direction unless he or she has afforded a reasonable opportunity to the driver or operator of the approaching vehicle to avoid a collision. R.S.O. 1990, c. H.8, s. 141 (5).

Left turn, at intersection

(6)  Where a driver or operator of a vehicle intends to turn to the left into an intersecting highway, he or she shall, where the highway on which he or she is driving has marked lanes for traffic, approach the intersection within the left-hand lane provided for the use of traffic moving in the direction in which his or her vehicle is proceeding or, where it has no such marked lanes, by keeping immediately to the right of the centre line of the highway and he or she shall make the left turn by entering the intersection to the right of the centre line or its extension and by leaving the intersection in the left-hand lane provided for the use of traffic moving in the direction in which his or her vehicle is proceeding where the lane is marked or, where no such lane is marked, by passing immediately to the right of the centre line of the intersecting highway. R.S.O. 1990, c. H.8, s. 141 (6).

Left turn, where multiple lanes

(7)  Despite subsection (6), where more than one lane of a highway has been designated as a left-turn lane, the driver or operator of a vehicle intending to turn to the left into an intersecting highway shall approach the intersection in one of the lanes and leave the intersection in the lane of the intersecting highway that corresponds to the lane from which the turn was commenced. R.S.O. 1990, c. H.8, s. 141 (7).

Exception

(8)  A driver of a road service vehicle entering an intersection within a left-turn lane may leave the intersection without turning to the left if the movement can be safely made. R.S.O. 1990, c. H.8, s. 141 (8).

Long vehicles

(9)  Where, because of the length of a vehicle or combination of vehicles, a turn cannot be made within the confines of the lanes referred to in subsection (2), (3), (6) or (7), a driver, when making such a turn, is not in contravention of any such subsection if he or she complies with the applicable provision as closely as practicable. R.S.O. 1990, c. H.8, s. 141 (9).

Signalling turns and stops

Signal for left or right turn

142.  (1)  The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety, and if the operation of any other vehicle may be affected by the movement shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement. R.S.O. 1990, c. H.8, s. 142 (1).

Signal when moving from parked position

(2)  The driver or operator of a vehicle parked or stopped on the highway before setting the vehicle in motion shall first see that the movement can be made in safety, and, if in turning the vehicle the operation of any other vehicle may be affected by the movement, shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement. R.S.O. 1990, c. H.8, s. 142 (2).

Mode of signalling turn

(3)  The signal required in subsections (1) and (2) shall be given either by means of the hand and arm in the manner herein specified or by a mechanical or electrical signal device as described in subsection (6). R.S.O. 1990, c. H.8, s. 142 (3).

How to signal manually

(4)  When the signal is given by means of the hand and arm, the driver or operator shall indicate his or her intention to turn,

(a) to the left, by extending the hand and arm horizontally and beyond the left side of the vehicle; or

(b) to the right, by extending the hand and arm upward and beyond the left side of the vehicle. R.S.O. 1990, c. H.8, s. 142 (4).

Idem

(5)  Despite clause (4) (b), a person on a bicycle may indicate the intention to turn to the right by extending the right hand and arm horizontally and beyond the right side of the bicycle. R.S.O. 1990, c. H.8, s. 142 (5).

Requirements for signalling device

(6)  A mechanical or electrical signal device shall clearly indicate the intention to turn, shall be visible and understandable during day-time and night-time from the front and from the rear of the vehicle for a distance of 30 metres, and shall be self-illuminated when used at any time from one-half hour after sunset to one-half hour before sunrise. R.S.O. 1990, c. H.8, s. 142 (6).

Signalling devices to be used only for purpose of indicating turn

(7)  No person while operating or in control of a vehicle upon a highway shall actuate the mechanical or electrical device referred to in subsection (6) for any purpose other than to indicate a movement referred to in subsection (1) or (2). R.S.O. 1990, c. H.8, s. 142 (7).

Signal for stop

(8)  The driver or operator of a vehicle upon a highway before stopping or suddenly decreasing the speed of the vehicle, if the operation of any other vehicle may be affected by such stopping or decreasing of speed, shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to stop or decrease speed,

manually

(a) by means of the hand and arm extended downward beyond the left side of the vehicle; or

signalling device

(b) by means of a stop lamp or lamps on the rear of the vehicle which shall emit a red or amber light and which shall be actuated upon application of the service or foot brake and which may or may not be incorporated with one or more rear lamps. R.S.O. 1990, c. H.8, s. 142 (8).

Definition

(9)  For the purposes of subsections (1) and (8),

“vehicle” includes a street car equipped with turn signals or brake lights, as the case may be. R.S.O. 1990, c. H.8, s. 142 (9).

Requirement to yield to bus from bus bay

142.1  (1)  Every driver of a vehicle in the lane of traffic adjacent to a bus bay shall yield the right of way to the driver of a bus who has indicated his or her intention, as prescribed, to re-enter that lane from the bus bay. 1994, c. 27, s. 138 (12).

Bus not to signal until ready

(2)  The driver of a bus shall not indicate his or her intention to re-enter the lane of traffic adjacent to a bus bay until the driver is ready to re-enter traffic. 1994, c. 27, s. 138 (12).

When bus must wait

(3)  No driver of a bus shall re-enter the lane of traffic adjacent to a bus bay and move into the path of a vehicle or street car if the vehicle or street car is so close that it is impractical for the driver to yield the right of way. 1994, c. 27, s. 138 (12).

Regulations

(4)  The Lieutenant Governor in Council may make regulations for the purposes of this section,

(a) defining bus and bus bay;

(b) prescribing the manner in which a bus driver shall indicate his or her intention to re-enter the lane that is adjacent to a bus bay;

(c) prescribing signs, signal devices and markings for bus bays;

(d) prescribing the standards, specifications and location of the signs, signal devices and markings;

(e) prescribing standards for operating and maintaining any signal devices prescribed under clause (c). 1994, c. 27, s. 138 (12).

U-turns prohibited

143.  No driver or operator of a vehicle upon a highway shall turn the vehicle so as to proceed in the opposite direction when,

(a) upon a curve where traffic approaching the vehicle from either direction cannot be seen by the driver of the vehicle within a distance of 150 metres;

(b) on a railway crossing or within 30 metres of a railway crossing;

(c) upon an approach to or near the crest of a grade where the vehicle cannot be seen by the driver of another vehicle approaching from either direction within 150 metres; or

(d) within 150 metres of a bridge, viaduct or tunnel where the driver’s view is obstructed within such distance. R.S.O. 1990, c. H.8, s. 143.

Traffic control signals and pedestrian control signals

144.  (1)  In this section,

“driver” includes an operator of a street car; (“conducteur”)

“emergency vehicle” means,

(a) a vehicle while used by a person in the lawful performance of his or her duties as a police officer, on which a siren is continuously sounding and from which intermittent flashes of red light or red and blue light are visible in all directions, or

(b) either of the following vehicles, on which a siren is continuously sounding and from which intermittent flashes of red light are visible in all directions:

(i) a fire department vehicle while proceeding to a fire or responding to, but not while returning from, a fire alarm or other emergency call, or

(ii) an ambulance while responding to an emergency call or being used to transport a patient or injured person in an emergency situation; (“véhicule de secours”)

“intersection” includes any portion of a highway indicated by markings on the surface of the roadway as a crossing place for pedestrians; (“intersection”)

“pedestrian” includes a person in a wheelchair; (“piéton”)

“vehicle” includes a street car. (“véhicule”) R.S.O. 1990, c. H.8, s. 144 (1); 2007, c. 13, s. 18; 2009, c. 5, s. 44 (1).

Divided roads

(2)  For purposes of this section, where a highway includes two roadways fifteen metres or more apart crossed by an intersecting roadway, each crossing shall be considered a separate intersection. R.S.O. 1990, c. H.8, s. 144 (2).

Idem

(3)  The fifteen metres referred to in subsection (2) shall include exclusive left turn lanes where they exist. R.S.O. 1990, c. H.8, s. 144 (3).

Commencement subss. (2), (3)

(4)  Subsections (2) and (3) come into force on a day to be named by proclamation of the Lieutenant Governor. R.S.O. 1990, c. H.8, s. 144 (4).

Where to stop – intersection

(5)  A driver who is directed by a traffic control signal erected at an intersection to stop his or her vehicle shall stop,

(a) at the sign or roadway marking indicating where the stop is to be made;

(b) if there is no sign or marking, immediately before entering the nearest crosswalk; or

(c) if there is no sign, marking or crosswalk, immediately before entering the intersection. R.S.O. 1990, c. H.8, s. 144 (5); 2006, c. 19, Sched. T, s. 6 (1).

Where to stop – non-intersection

(6)  A driver who is directed by a traffic control signal erected at a location other than at an intersection to stop his or her vehicle shall stop,

(a) at the sign or roadway marking indicating where the stop is to be made;

(b) if there is no sign or marking, immediately before entering the nearest crosswalk; or

(c) if there is no sign, marking or crosswalk, not less than five metres before the nearest traffic control signal. R.S.O. 1990, c. H.8, s. 144 (6); 2006, c. 19, Sched. T, s. 6 (2).

Yielding to pedestrians

(7)  When under this section a driver is permitted to proceed, the driver shall yield the right of way to pedestrians lawfully within a crosswalk. R.S.O. 1990, c. H.8, s. 144 (7).

Yielding to traffic

(8)  When under this section a driver is permitted to proceed, he or she shall yield the right of way to traffic lawfully using an intersection or, where traffic control signals are erected where a private road or driveway meets a highway, lawfully using the area controlled by the traffic control signals. R.S.O. 1990, c. H.8, s. 144 (8); 2006, c. 19, Sched. T, s. 6 (3).

Signs

(9)  The provisions of this section are subject to any sign, as prescribed by the regulations, forbidding a left turn, right turn, through movement or combination thereof that is posted at an intersection and every driver shall obey every such sign. R.S.O. 1990, c. H.8, s. 144 (9).

Obeying lane lights

(10)  Every driver shall obey every traffic control signal that applies to the lane that he or she is in. R.S.O. 1990, c. H.8, s. 144 (10).

Exception

(11)  Despite subsection (10), a driver of a road service vehicle in a left-turn lane may proceed through the intersection without turning to the left if the movement can be safely made, there is showing a circular green or green arrow indication for the through traffic movement and the driver,

(a) where the applicable left-turn traffic control signal is showing a circular red indication, first brings the vehicle to a stop; and

(b) where the operation of any other vehicle may be affected, indicates his or her intention to proceed through the intersection without turning to the left by giving a plainly visible signal to the driver or operator of the other vehicle. R.S.O. 1990, c. H.8, s. 144 (11).

Green light

(12)  A driver approaching a traffic control signal showing a circular green indication and facing the indication may proceed forward or turn left or right unless otherwise directed. R.S.O. 1990, c. H.8, s. 144 (12).

Flashing green

(13)  A driver approaching a traffic control signal showing a circular flashing green indication or a solid or flashing left turn green arrow indication in conjunction with a circular green indication and facing the indication may, despite subsection 141 (5), proceed forward or turn left or right unless otherwise directed. R.S.O. 1990, c. H.8, s. 144 (13).

Green arrow

(14)  Every driver approaching a traffic control signal showing one or more green arrow indications only or in combination with a circular red or circular amber indication and facing the indication may proceed only to follow the direction shown by the arrow. R.S.O. 1990, c. H.8, s. 144 (14).

Amber light

(15)  Every driver approaching a traffic control signal showing a circular amber indication and facing the indication shall stop his or her vehicle if he or she can do so safely, otherwise he or she may proceed with caution. R.S.O. 1990, c. H.8, s. 144 (15).

Amber arrow

(16)  Every driver approaching a traffic control signal showing an amber arrow indication only or in combination with another indication and facing the indication shall stop his or her vehicle if he or she can do so safely, otherwise he or she may proceed with caution to follow the direction shown by the amber arrow indication. R.S.O. 1990, c. H.8, s. 144 (16).

Flashing amber

(17)  Every driver approaching a traffic control signal showing a flashing circular amber indication and facing the indication may proceed with caution. R.S.O. 1990, c. H.8, s. 144 (17).

Red light

(18)  Every driver approaching a traffic control signal showing a circular red indication and facing the indication shall stop his or her vehicle and shall not proceed until a green indication is shown. R.S.O. 1990, c. H.8, s. 144 (18).

Certificate of offence – owner – red light camera evidence

(18.1)  A person who issues a certificate of offence and offence notice under subsection 3 (2) of the Provincial Offences Act for a contravention of subsection (18) shall, despite that Act and the regulations under that Act, specify this subsection, instead of subsection (18), as the provision that was contravened, if,

(a) the person who issues the certificate of offence and offence notice believes that the offence was committed on the basis of evidence obtained through the use of a red light camera system; and

(b) the defendant is being charged as the owner of the vehicle. 1998, c. 38, s. 3 (1).

Certificate of offence – driver – red light camera evidence

(18.2)  A person who issues a certificate of offence and offence notice under subsection 3 (2) of the Provincial Offences Act for a contravention of subsection (18) shall, despite that Act and the regulations under that Act, specify this subsection, instead of subsection (18), as the provision that was contravened, if,

(a) the person who issues the certificate of offence and offence notice believes that the offence was committed on the basis of evidence obtained through the use of a red light camera system; and

(b) the defendant is being charged as the driver of the vehicle. 1998, c. 38, s. 3 (1).

Deemed to specify subs. (18)

(18.3)  A certificate of offence or offence notice that specifies subsection (18.1) or (18.2) as the provision that was contravened shall be deemed to specify that subsection (18) was contravened. 1998, c. 38, s. 3 (1).

No dismissal

(18.4)  No charge shall be dismissed, and no certificate of offence shall be quashed, on the basis that a certificate of offence or offence notice specifies subsection (18.1) or (18.2), instead of subsection (18), as the provision that was contravened. 1998, c. 38, s. 3 (1).

No amendment

(18.5)  A certificate of offence that specifies subsection (18), (18.1) or (18.2) as the provision that was contravened shall not be amended to specify another of those subsections without the consent of the prosecutor and the defendant. 1998, c. 38, s. 3 (1).

Purpose of subss. (18.1) to (18.5)

(18.6)  The purpose of subsections (18.1) to (18.5) is to facilitate the use of computer systems that are maintained by the Government of Ontario for recording and processing information related to provincial offences and that depend, in order to make certain distinctions, on different provision numbers being specified in certificates of offences. 1998, c. 38, s. 3 (1).

Exception – turn

(19)  Despite subsection (18) and subject to subsection (14), a driver, after stopping his or her vehicle and yielding the right of way to traffic lawfully approaching so closely that to proceed would constitute an immediate hazard, may,

(a) turn to the right; or

(b) turn to the left from a one-way street into a one-way street,

without a green indication being shown. R.S.O. 1990, c. H.8, s. 144 (19).

Exception – white vertical bar indication

(19.1)  Despite subsection (18), a driver operating a bus or street car on a scheduled transit authority route approaching a traffic control signal showing a white vertical bar indication may, with caution, proceed forward or turn right or left. 1994, c. 27, s. 138 (13).

Exception – emergency vehicle

(20)  Despite subsection (18), a driver of an emergency vehicle, after stopping the vehicle, may proceed without a green indication being shown if it is safe to do so. R.S.O. 1990, c. H.8, s. 144 (20).

Stopping at flashing red light

(21)  Every driver approaching a traffic control signal and facing a flashing circular red indication shall stop his or her vehicle, shall yield the right of way to traffic approaching so closely that to proceed would constitute an immediate hazard and, having so yielded the right of way, may proceed. R.S.O. 1990, c. H.8, s. 144 (21).

Pedestrian crossing

(22)  Where portions of a roadway are marked for pedestrian use, no pedestrian shall cross the roadway except within a portion so marked. R.S.O. 1990, c. H.8, s. 144 (22).

Pedestrian – green light

(23)  Subject to subsections (24) and (27), a pedestrian approaching a traffic control signal showing a circular green indication or a straight-ahead green arrow indication and facing the indication may cross the roadway. R.S.O. 1990, c. H.8, s. 144 (23).

Pedestrian – stopping at flashing green light

(24)  No pedestrian approaching a traffic control signal and facing a flashing circular green indication or a solid or a flashing left turn arrow indication in conjunction with a circular green indication shall enter the roadway. R.S.O. 1990, c. H.8, s. 144 (24).

Pedestrian – stopping at red or amber light

(25)  No pedestrian approaching a traffic control signal and facing a red or amber indication shall enter the roadway. R.S.O. 1990, c. H.8, s. 144 (25).

Pedestrian control signals – walk

(26)  Where pedestrian control signals are installed and show a “walk” indication, every pedestrian facing the indication may cross the roadway in the direction of the indication despite subsections (24) and (25). R.S.O. 1990, c. H.8, s. 144 (26).

Pedestrian control signals – don’t walk

(27)  No pedestrian approaching pedestrian control signals and facing a solid or flashing “don’t walk” indication shall enter the roadway. R.S.O. 1990, c. H.8, s. 144 (27).

Pedestrian right of way

(28)  Every pedestrian who lawfully enters a roadway in order to cross may continue the crossing as quickly as reasonably possible despite a change in the indication he or she is facing and, for purposes of the crossing, has the right of way over vehicles. R.S.O. 1990, c. H.8, s. 144 (28).

Riding in crosswalks prohibited

(29)  No person shall ride a bicycle across a roadway within or along a crosswalk at an intersection or at a location other than an intersection which location is controlled by a traffic control signal system. R.S.O. 1990, c. H.8, s. 144 (29).

Symbols

(30)  The “walk” or “don’t walk” pedestrian control indications referred to in this section may be shown as symbols as prescribed by the regulations.  R.S.O. 1990, c. H.8, s. 144 (30).

Erection of traffic control signals and signal systems

(31)  Subject to subsection (31.1), no traffic control signal system or traffic control signal used in conjunction with a traffic control signal system shall be erected or installed except in accordance with an approval obtained from a person designated to give such approvals by the municipality or other authority that has jurisdiction over the highway or the intersection. 1996, c. 33, s. 14.

Same, on connecting links

(31.1)  No traffic control signal system or traffic control signal used in conjunction with a traffic control signal system shall be erected or installed on a highway designated as a connecting link under subsection 21 (1) of the Public Transportation and Highway Improvement Act except in accordance with an approval obtained from the Minister or an official of the Ministry authorized by the Minister to grant such approval. 1996, c. 33, s. 14.

Penalty for disobeying amber light

(31.2)  Every person who contravenes subsection (15) is guilty of an offence and on conviction is liable to a fine of not less than $150 and not more than $500. 2009, c. 5, s. 44 (2).

Penalty for disobeying red light

(31.2.1)  Every person who contravenes subsection (18) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000. 2009, c. 5, s. 44 (2).

Offence

(31.3)  Every person who contravenes subsection (7) is guilty of an offence and on conviction is liable to a fine of not less than $150 and not more than $500. 2005, c. 26, Sched. A, s. 22.

Regulations

(32)  The Lieutenant Governor in Council may make regulations,

(a) prescribing the standards or specifications of a traffic control signal system;

(b) prescribing the location of traffic control signals and signal systems;

(c) prescribing standards for operating and maintaining a traffic control signal system;

(d) regulating the use and operation of traffic control signals and signal systems.  R.S.O. 1990, c. H.8, s. 144 (32).

Blocking intersection

145.  (1)  The council of a municipality may by by-law prohibit a driver or street car operator approaching, at an intersection, a traffic control signal showing a circular green or green arrow indication from entering the intersection unless traffic in front of him or her is moving in a manner that would reasonably lead him or her to believe he or she can clear the intersection before the signal indication changes to a circular red indication. R.S.O. 1990, c. H.8, s. 145 (1).

Idem

(2)  A by-law passed under subsection (1) does not apply to a driver or street car operator who enters an intersection for the purpose of turning to the right or left into an intersecting highway and signals his or her intention to make the turn prior to entering the intersection. R.S.O. 1990, c. H.8, s. 145 (2).

Idem

(3)  A by-law passed under subsection (1) shall apply to all signalized intersections of highways under the jurisdiction of the municipality. R.S.O. 1990, c. H.8, s. 145 (3).

Portable signal lights

146.  (1)  Despite subsection 144 (31), during construction or maintenance activities on or adjacent to a highway, a portable lane control signal system may be operated on the highway in accordance with the regulations by the authority having jurisdiction and control of the highway or any person authorized by that authority. R.S.O. 1990, c. H.8, s. 146 (1).

Green light

(2)  A driver or a street car operator approaching a portable lane control signal showing a circular green indication and facing the indication may proceed. R.S.O. 1990, c. H.8, s. 146 (2).

Amber light

(3)  Every driver or street car operator approaching a portable lane control signal showing a circular amber indication and facing the indication shall stop his or her vehicle or street car if he or she can do so safely, otherwise he or she may proceed with caution. R.S.O. 1990, c. H.8, s. 146 (3).

Red light

(4)  Every driver or street car operator approaching a portable lane control signal showing a circular red indication and facing the indication shall stop his or her vehicle or street car and shall not proceed until a circular green indication is shown. R.S.O. 1990, c. H.8, s. 146 (4).

Where to stop

(5)  A driver or operator who is required, under this section, to stop his or her vehicle or street car shall do so at a sign or marking on the highway indicating where a stop is to be made or, if there is no such sign or marking, not less than five metres before the nearest portable lane control signal. R.S.O. 1990, c. H.8, s. 146 (5).

Removing, etc., portable system

(6)  No person shall without lawful authority remove, deface or otherwise interfere with a portable lane control signal system. R.S.O. 1990, c. H.8, s. 146 (6).

Penalty for disobeying amber light

(6.1)  Every person who contravenes subsection (3) is guilty of an offence and on conviction is liable to a fine of not less than $150 and not more than $500. 2009, c. 5, s. 45.

Penalty for disobeying red light

(6.2)  Every person who contravenes subsection (4) is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000. 2009, c. 5, s. 45.

Regulations re portable lane control devices

(7)  The Lieutenant Governor in Council may make regulations,

(a) prescribing standards or specifications for portable lane control signal systems;

(b) prescribing locations where portable lane control signal systems may be erected;

(c) prescribing standards for operating and maintaining portable lane control signal systems.  R.S.O. 1990, c. H.8, s. 146 (7).

Traffic control stop and slow signs

146.1  (1)  A traffic control person on a roadway or adjacent to a roadway where construction or maintenance work is being carried out may display a traffic control stop or slow sign. 2005, c. 26, Sched. A, s. 23.

Same – firefighters

(2)  A firefighter on a roadway or adjacent to a roadway where an accident has occurred may display a traffic control stop or slow sign. 2005, c. 26, Sched. A, s. 23.

Driver required to stop

(3)  Where a traffic control person or firefighter displays a traffic control stop sign, the driver of any vehicle or street car approaching the person shall stop before reaching him or her and shall not proceed until the traffic control person or firefighter stops displaying the traffic control stop sign. 2005, c. 26, Sched. A, s. 23.

Driver required to slow down

(4)  Where a traffic control person or firefighter displays a traffic control slow sign, the driver of any vehicle or street car approaching the person shall approach the person and proceed past him or her and past the construction or maintenance work or scene of an accident with caution and at a slow rate of speed so as not to endanger any person or vehicle on or adjacent to the roadway. 2005, c. 26, Sched. A, s. 23.

Unauthorized use of sign

(5)  No person other than a traffic control person or firefighter shall display on a highway a traffic control stop or slow sign. 2005, c. 26, Sched. A, s. 23.

Regulations

(6)  The Lieutenant Governor in Council may make regulations prescribing the type, design and specifications of traffic control stop and slow signs. 2005, c. 26, Sched. A, s. 23.

Definitions

(7)  In this section,

“construction or maintenance work” includes work by a utility, including a public utility within the meaning of the Public Utilities Act or the Municipal Act, 2001, or by a transmitter or distributor within the meaning of the Electricity Act, 1998; (“travaux de construction ou d’entretien”)

“firefighter” has the same meaning as in subsection 1 (1) of the Fire Protection and Prevention Act, 1997; (“pompier”)

“traffic control person” means a person who is directing traffic and,

(a) is employed by,

(i) the road authority with jurisdiction over the highway,

(ii) a public utility within the meaning of the Public Utilities Act or the Municipal Act, 2001,

(iii) a transmitter or distributor within the meaning of the Electricity Act, 1998, or

(iv) a person under contract with the road authority, public utility, transmitter or distributor to do construction or maintenance work on or adjacent to the roadway, or

(b) is employed by or under contract with a person who has been issued a permit or written authorization by the road authority with jurisdiction over the highway to occupy a lane or a portion of a highway in order to undertake work on or adjacent to the highway. (“agent de régulation de la circulation”) 2005, c. 26, Sched. A, s. 23.

Slow vehicles to travel on right side

147.  (1)  Any vehicle travelling upon a roadway at less than the normal speed of traffic at that time and place shall, where practicable, be driven in the right-hand lane then available for traffic or as close as practicable to the right hand curb or edge of the roadway. R.S.O. 1990, c. H.8, s. 147 (1).

Exception

(2)  Subsection (1) does not apply to a driver of a,

(a) vehicle while overtaking and passing another vehicle proceeding in the same direction;

(b) vehicle while preparing for a left turn at an intersection or into a private road or driveway; or

(c) road service vehicle. R.S.O. 1990, c. H.8, s. 147 (2).

Overtaking and passing rules

Passing meeting vehicles

148.  (1)  Every person in charge of a vehicle on a highway meeting another vehicle shall turn out to the right from the centre of the roadway, allowing the other vehicle one-half of the roadway free. R.S.O. 1990, c. H.8, s. 148 (1).

Vehicles or equestrians overtaken

(2)  Every person in charge of a vehicle or on horseback on a highway who is overtaken by a vehicle or equestrian travelling at a greater speed shall turn out to the right and allow the overtaking vehicle or equestrian to pass. R.S.O. 1990, c. H.8, s. 148 (2).

Exception

(3)  Subsections (1) and (2) do not apply to a person in charge of a road service vehicle or a road-building machine or apparatus while the machine or apparatus is engaged in the construction of a highway. R.S.O. 1990, c. H.8, s. 148 (3).

Vehicles meeting bicycles

(4)  Every person in charge of a vehicle on a highway meeting a person travelling on a bicycle shall allow the cyclist sufficient room on the roadway to pass. R.S.O. 1990, c. H.8, s. 148 (4).

Vehicles or equestrians overtaking others

(5)  Every person in charge of a vehicle or on horseback on a highway who is overtaking another vehicle or equestrian shall turn out to the left so far as may be necessary to avoid a collision with the vehicle or equestrian overtaken, and the person overtaken is not required to leave more than one-half of the roadway free. R.S.O. 1990, c. H.8, s. 148 (5).

Bicycles overtaken

(6)  Every person on a bicycle or motor assisted bicycle who is overtaken by a vehicle or equestrian travelling at a greater speed shall turn out to the right and allow the vehicle or equestrian to pass and the vehicle or equestrian overtaking shall turn out to the left so far as may be necessary to avoid a collision. R.S.O. 1990, c. H.8, s. 148 (6).

Driver unable to turn out is to stop

(7)  Where one vehicle is met or overtaken by another, if by reason of the weight of the load on either of the vehicles so meeting or on the vehicle so overtaken the driver finds it impracticable to turn out, he or she shall immediately stop, and, if necessary for the safety of the other vehicle and if required so to do, he or she shall assist the person in charge thereof to pass without damage. R.S.O. 1990, c. H.8, s. 148 (7).

Passing vehicle going in same direction

(8)  No person in charge of a vehicle shall pass or attempt to pass another vehicle going in the same direction on a highway unless the roadway,

(a) in front of and to the left of the vehicle to be passed is safely free from approaching traffic; and

(b) to the left of the vehicle passing or attempting to pass is safely free from overtaking traffic. R.S.O. 1990, c. H.8, s. 148 (8).

Driving to left of centre prohibited under certain conditions

149.  (1)  No vehicle shall be driven or operated to the left of the centre of a roadway designed for one or more lines of traffic in each direction,

(a) when approaching the crest of a grade or upon a curve in the roadway or within 30 metres of a bridge, viaduct or tunnel where the driver’s view is obstructed within that distance so as to create a potential hazard in the event another vehicle might approach from the opposite direction; or

(b) when approaching within 30 metres of a level railway crossing. R.S.O. 1990, c. H.8, s. 149 (1).

Exception

(2)  Subsection (1) does not apply,

(a) on a highway divided into clearly marked lanes where there are more such lanes for traffic in one direction than in the other direction;

(b) to a road service vehicle where precautions are taken to eliminate the hazard; or

(c) on a highway while it is designated for the use of one-way traffic. R.S.O. 1990, c. H.8, s. 149 (2).

Passing to right of vehicle

150.  (1)  The driver of a motor vehicle may overtake and pass to the right of another vehicle only where the movement can be made in safety and,

(a) the vehicle overtaken is making or about to make a left turn or its driver has signalled his or her intention to make a left turn;

(b) is made on a highway with unobstructed pavement of sufficient width for two or more lines of vehicles in each direction; or

(c) is made on a highway designated for the use of one-way traffic only. R.S.O. 1990, c. H.8, s. 150 (1).

Driving off roadway prohibited

(2)  No driver of a motor vehicle shall overtake and pass another vehicle by driving off the roadway. R.S.O. 1990, c. H.8, s. 150 (2).

Non-application of subs. (2)

(3)  Subsection (2) does not apply to,

(a) a motor vehicle overtaking and passing to the right of another vehicle where the shoulder to the right of the roadway is paved and the vehicle overtaken is making or about to make a left turn or its driver has signalled his or her intention to make a left turn;

(b) an ambulance or fire department vehicle;

(c) a police department vehicle or a vehicle being driven by an officer appointed for carrying out the provisions of this Act;

(d) a tow truck where the driver is responding to a police request for assistance; or

(e) a road service vehicle. 2009, c. 5, s. 46 (1).

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 1994, chapter 27, subsection 138 (14) by striking out “or” at the end of clause (d), by adding “or” at the end of clause (e) and by adding the following clause:

(f) a motor vehicle overtaking and passing to the right of a road service vehicle or road-building machine where a person apparently employed by or on behalf of the authority that is engaged in the highway maintenance operation has directed the driver to pass it and the movement can be made in safety.

See: 1994, c. 27, ss. 138 (14), 144.

Note: On the day the Statutes of Ontario, 1994, chapter 27, subsection 138 (14) comes into force, subsection (3) is repealed by the Statutes of Ontario, 2009, chapter 5, subsection 46 (2) and the following substituted:

Non-application of subs. (2)

(3)  Subsection (2) does not apply to,

(a) a motor vehicle overtaking and passing to the right of another vehicle where the shoulder to the right of the roadway is paved and the vehicle overtaken is making or about to make a left turn or its driver has signalled his or her intention to make a left turn;

(b) an ambulance or fire department vehicle;

(c) a police department vehicle or a vehicle being driven by an officer appointed for carrying out the provisions of this Act;

(d) a tow truck where the driver is responding to a police request for assistance;

(e) a road service vehicle; or

(f) a motor vehicle overtaking and passing to the right of a road service vehicle or road-building machine where a person apparently employed by or on behalf of the authority that is engaged in the highway maintenance operation has directed the driver to pass it and the movement can be made in safety. 2009, c. 5, s. 46 (2).

See: 2009, c. 5, ss. 46 (2), 59 (1).

Highways designated for use of paved shoulder

151.  (1)  The Minister may by regulation designate any part of the King’s Highway where the paved shoulder may be driven on, and may make regulations,

(a) regulating the use of the paved shoulder on a designated part of the highway and prescribing conditions and circumstances for that use, including prescribing rules of the road applicable to the use of the paved shoulder, exemptions from any requirement in this Part or in a regulation made under this Part applicable to the use of the paved shoulder and conditions and circumstances for such exemptions;

(b) providing for the erection of signs and the placing of markings,

(i) on any highway approaching any part of a highway designated as having a paved shoulder that may be driven on, and

(ii) on any part of a highway designated as having a paved shoulder that may be driven on;

(c) prescribing the types of the signs and markings referred to in clause (b), instructions to be contained on them and the location of each type of sign and marking. 2005, c. 26, Sched. A, s. 24.

Classes, types of vehicles, drivers

(2)  A regulation made under subsection (1) may prescribe different classes or types of vehicles and different classes of drivers and may define the class or type in relation to any characteristics, including the owner or operator of the vehicle, the purpose for which the vehicle is being used or the employer of or training taken by the driver. 2005, c. 26, Sched. A, s. 24.

Same

(3)  A regulation made under subsection (1) may be general or particular in its application and may apply differently to different classes or types of vehicles or different classes of drivers. 2005, c. 26, Sched. A, s. 24.

When designation is in effect

(4)  No designation made under this section becomes effective until signs are erected in accordance with this section on the designated part of the highway. 2005, c. 26, Sched. A, s. 24.

Non-authorized use of shoulder prohibited

(5)  No person shall drive on the paved shoulder of any part of the King’s Highway except in accordance with this section and a regulation made under it. 2005, c. 26, Sched. A, s. 24.

Act, regulations otherwise apply

(6)  Except as otherwise provided in a regulation made under this section, the provisions of this Act and its regulations applicable to vehicles apply with necessary modifications to the operation of a vehicle on the paved shoulder of a designated highway. 2005, c. 26, Sched. A, s. 24.

Paved shoulder deemed not part of roadway

(7)  A paved shoulder on any part of a highway that is designated under this section shall be deemed not to be part of the roadway within the meaning of the definition of “roadway” in subsection 1 (1) or part of the pavement for the purposes of clause 150 (1) (b). 2005, c. 26, Sched. A, s. 24.

Meaning of “designated”, ss. 141, 153 and 154

152.  For the purposes of sections 141, 153 and 154,

“designated” means designated by the Minister or by any person authorized by him or her to make the designation or designated by by-law of a municipality. R.S.O. 1990, c. H.8, s. 152.

Highway designated for one-way traffic

153.  Where a highway has been designated for the use of one-way traffic only and official signs have been erected accordingly, vehicles and street cars shall be driven only in the direction so designated. R.S.O. 1990, c. H.8, s. 153.

Where highway divided into lanes

154.  (1)  Where a highway has been divided into clearly marked lanes for traffic,

(a) a vehicle shall be driven as nearly as may be practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety;

(b) in the case of a highway that is divided into three lanes, a vehicle shall not be driven in the centre lane except when overtaking and passing another vehicle where the roadway is clearly visible and the centre lane is clear of traffic within a reasonable safe distance, or in preparation for a left turn, or where the centre lane is at the time designated for the use of traffic moving in the direction in which the vehicle is proceeding and official signs are erected to indicate the designation;

(c) any lane may be designated for slowly moving traffic, traffic moving in a particular direction or classes or types of vehicles and, despite section 141, where a lane is so designated and official signs indicating the designation are erected, every driver shall obey the instructions on the official signs. R.S.O. 1990, c. H.8, s. 154 (1).

Exception

(2)  Where safety is not jeopardized, clauses (1) (b) and (c) do not apply to road service vehicles and clause (1) (c) does not apply to road-building machines or apparatus while engaged in the construction of a highway. R.S.O. 1990, c. H.8, s. 154 (2).

Regulations for high occupancy vehicle lanes

154.1  (1)  Where a part of the King’s Highway has been divided into clearly marked lanes for traffic, the Minister may by regulation designate any lane as a high occupancy vehicle lane for that part of the King’s Highway and may make regulations,

(a) limiting the designation to specified months or times of the year, days, times, conditions or circumstances;

(b) limiting the use of high occupancy vehicle lanes to vehicles, or any class or type of vehicles, with a specified number of occupants, and prescribing conditions and circumstances for such use;

(c) regulating the use of high occupancy vehicle lanes, including prescribing rules of the road applicable to the use of the lanes, exemptions from any requirement in this Part or in a regulation made under this Part applicable to the use of the lanes and conditions and circumstances for such exemptions;

(d) providing for the erection of signs and the placing of markings to identify high occupancy vehicle lanes and the entry and exit points for high occupancy vehicle lanes;

(e) prescribing the types of the signs and markings referred to in clause (d), instructions to be contained on them and the location of each type of sign and marking. 2005, c. 26, Sched. A, s. 25.

Regulation may be general or specific

(2)  A regulation made under subsection (1) may be general or specific in its application and may apply differently to different classes or types of vehicles. 2005, c. 26, Sched. A, s. 25.

Offence

(3)  No person shall drive a motor vehicle in a high occupancy vehicle lane or enter or exit a high occupancy vehicle lane except in accordance with this section and the regulations made under it. 2005, c. 26, Sched. A, s. 25.

Restricted use of border approach lanes

154.2  (1)  Where a highway approaches the border between Canada and the United States of America and has been divided into clearly marked lanes for traffic, the Minister or, if the highway is under municipal jurisdiction, the municipality with jurisdiction over the highway may erect signs marking any lane on the highway, or on any part of the highway, as a border approach lane. 2005, c. 26, Sched. A, s. 26.

Offence

(2)  No person shall drive a vehicle in a border approach lane except in accordance with the regulations made under this section. 2005, c. 26, Sched. A, s. 26.

Authority to stop vehicles

(3)  A police officer may require a driver of a vehicle in a border approach lane to stop and the police officer may demand that the driver and occupants of the vehicle produce for examination the identification or authorization, or both, required under this section. 2005, c. 26, Sched. A, s. 26.

Same

(4)  The driver and occupants of a vehicle shall comply with any requirement or demand made by a police officer under subsection (3). 2005, c. 26, Sched. A, s. 26.

Regulations

(5)  The Minister may make regulations,

(a) limiting the use of border approach lanes to vehicles, or any class or type of vehicles, that are clearly authorized in accordance with the regulation;

(b) limiting the use of border approach lanes to drivers or occupants of vehicles, or of any class or type of vehicles, or any class of drivers or occupants, who carry identification in accordance with the regulation;

(c) prescribing conditions and circumstances for the use of border approach lanes by vehicles or persons described in clause (a) or (b), including limiting the use of border approach lanes to specified months or times of the year, days or time of day;

(d) prescribing the authorization that is required for a vehicle, or a vehicle belonging to a prescribed class or type of vehicle, to be entitled to use border approach lanes;

(e) prescribing the identification that is required for a person, or a prescribed class of person, to be entitled to use border approach lanes;

(f) governing the erection of signs and the placing of markings to identify border approach lanes;

(g) prescribing the types of the signs and markings referred to in clause (f), instructions to be contained on them and the location of each type of sign and marking;

(h) exempting buses, ambulances, fire department vehicles, commercial motor vehicles as defined in subsection 16 (1) that are engaged in highway maintenance or construction and any other type or class of vehicle from any of the limitations in the regulation, and prescribing conditions and circumstances for such exemptions;

(i) exempting any class of drivers or occupants from any of the limitations in the regulation, and prescribing conditions and circumstances for such exemptions;

(j) prescribing the maximum length of a border approach lane. 2005, c. 26, Sched. A, s. 26; 2009, c. 5, s. 47.

Regulation may be general or specific

(6)  A regulation made under subsection (5) may be general or specific in its application and may apply differently to different classes or types of vehicles or persons. 2005, c. 26, Sched. A, s. 26.

Times designation applicable

155.  A designation of a lane for classes or types of vehicles made under clause 154 (1) (c) shall apply during the times stated on the official signs.  R.S.O. 1990, c. H.8, s. 155.

Moving from roadway to roadway on divided highways

156.  (1)  Where a highway is divided into two separate roadways, no person shall operate or drive a vehicle or lead, ride or drive an animal,

(a) along or on the highway except on the roadway on the right-hand side, having regard to the direction in which the vehicle is being operated or driven or the animal is being led, ridden or driven; or

(b) from one roadway to the other roadway except where a crossing is provided. R.S.O. 1990, c. H.8, s. 156 (1).

Idem

(2)  Despite clause (1) (a), a road service vehicle may be operated or driven along the shoulder of the highway if the vehicle remains on its side of the separation. R.S.O. 1990, c. H.8, s. 156 (2).

Backing prohibited, speed limit over 80 k.p.h.

157.  (1)  No driver of a vehicle shall back the vehicle upon the roadway or shoulder of any highway divided by a median strip on which the speed limit is in excess of 80 kilometres per hour. R.S.O. 1990, c. H.8, s. 157 (1); 2005, c. 26, Sched. A, s. 27.

Exception to subs. (1)

(2)  Subsection (1) does not apply to,

(a) an ambulance or fire department vehicle;

(b) a police department vehicle or a vehicle being driven by an officer appointed for carrying out the provisions of this Act;

(c) a person attempting to render assistance to another person; or

(d) a road service vehicle, if the movement is made in safety. 2009, c. 5, s. 48.

Headway

Headway of motor vehicles, generally

158.  (1)  The driver of a motor vehicle or street car shall not follow another vehicle or street car more closely than is reasonable and prudent having due regard for the speed of the vehicle and the traffic on and the conditions of the highway. R.S.O. 1990, c. H.8, s. 158 (1).

Headway for commercial motor vehicles

(2)  The driver of a commercial motor vehicle when driving on a highway at a speed exceeding 60 kilometres per hour shall not follow within 60 metres of another motor vehicle, but this shall not be construed to prevent a commercial motor vehicle overtaking and passing another motor vehicle. R.S.O. 1990, c. H.8, s. 158 (2).

Approaching, following emergency vehicles

Stop on approach of vehicle with flashing lights or bell or siren sounding

159.  (1)  The driver of a vehicle, upon the approach of a police department vehicle with its bell or siren sounding or with its lamp producing intermittent flashes of red light or red and blue light, or upon the approach of an ambulance, fire department vehicle or public utility emergency vehicle with its bell or siren sounding or its lamp producing intermittent flashes of red light, shall immediately bring such vehicle to a standstill,

(a) as near as is practicable to the right-hand curb or edge of the roadway and parallel therewith and clear of any intersection; or

(b) when on a roadway having more than two lanes for traffic and designated for the use of one-way traffic, as near as is practicable to the nearest curb or edge of the roadway and parallel therewith and clear of any intersection. 2009, c. 5, s. 49.

Slow down on approaching stopped emergency vehicle

(2)  Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red light or red and blue light that is stopped on a highway, the driver of a vehicle travelling on the same side of the highway shall slow down and proceed with caution, having due regard for traffic on and the conditions of the highway and the weather, to ensure that the driver does not collide with the emergency vehicle or endanger any person outside of the emergency vehicle. 2009, c. 5, s. 49.

Same

(3)  Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red light or red and blue light that is stopped on a highway with two or more lanes of traffic on the same side of the highway as the side on which the emergency vehicle is stopped, the driver of a vehicle travelling in the same lane that the emergency vehicle is stopped in or in a lane that is adjacent to the emergency vehicle, in addition to slowing down and proceeding with caution as required by subsection (2), shall move into another lane if the movement can be made in safety. 2009, c. 5, s. 49.

Following fire department vehicle

(4)  No driver of a vehicle shall follow in any lane of a roadway at a distance of less than 150 metres a fire department vehicle responding to an alarm. 2009, c. 5, s. 49.

Same

(5)  Nothing in subsection (2) or (3) prevents a driver from stopping his or her vehicle and not passing the stopped emergency vehicle if stopping can be done in safety and is not otherwise prohibited by law. 2009, c. 5, s. 49.

Offence

(6)  Every person who contravenes subsection (1), (2), (3) or (4) is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not less than $400 and not more than $2,000; and

(b) for each subsequent offence, to a fine of not less than $1,000 and not more than $4,000 or to imprisonment for a term of not more than six months, or to both. 2009, c. 5, s. 49.

Time limit for subsequent offence

(7)  An offence referred to in subsection (6) committed more than five years after a previous conviction for an offence referred to in that subsection is not a subsequent offence for the purpose of clause (6) (b). 2009, c. 5, s. 49.

Driver’s licence suspension

(8)  If a person is convicted of an offence under subsection (6), the court may make an order suspending the person’s driver’s licence for a period of not more than two years. 2009, c. 5, s. 49.

Appeal of suspension

(9)  An appeal may be taken from an order under subsection (8) or a decision to not make the order in the same manner as from a conviction or an acquittal under subsection (6). 2009, c. 5, s. 49.

Stay of order on appeal

(10)  Where an appeal is taken under subsection (9) from an order under subsection (8), the court being appealed to may direct that the order shall be stayed pending the final disposition of the appeal or until otherwise ordered by that court. 2009, c. 5, s. 49.

Definition

(11)  In this section,

“emergency vehicle” means,

(a) an ambulance, fire department vehicle, police department vehicle or public utility emergency vehicle,

(b) a ministry vehicle operated by an officer appointed for carrying out the provisions of this Act or the Public Vehicles Act, while the officer is in the course of his or her employment,

(c) a vehicle while operated by a conservation officer, fishery officer, provincial park officer or mine rescue training officer, while the officer is in the course of his or her employment,

(d) a vehicle while operated by a provincial officer designated under the Environmental Protection Act, the Nutrient Management Act, 2002, the Ontario Water Resources Act, the Pesticides Act, the Safe Drinking Water Act, 2002 or the Toxics Reduction Act, 2009, while the officer is in the course of his or her employment, or

(e) a vehicle as prescribed for the purposes of paragraph 5 of subsection 62 (15.1). 2009, c. 5, s. 49; 2009, c. 19, s. 68 (4).

159.1  Repealed: 2009, c. 5, s. 49.

Towing of persons on bicycles, toboggans, etc., prohibited

160.  No driver of a vehicle or street car shall permit any person riding upon a bicycle, coaster, roller skates, skis, toboggan, sled or toy vehicle to attach the same, himself or herself to the vehicle or street car. R.S.O. 1990, c. H.8, s. 160.

Only one vehicle to be drawn on highway

161.  No person shall drive on a highway a motor vehicle, other than a commercial motor vehicle, that is drawing more than one vehicle. R.S.O. 1990, c. H.8, s. 161.

Crowding driver’s seat

162.  No person shall drive a motor vehicle with persons or property in the front or driver’s seat so placed as to interfere with the proper management or control of the motor vehicle. R.S.O. 1990, c. H.8, s. 162.

Vehicles required to stop at railway crossing signal

163.  (1)  When the driver of a vehicle is approaching a railway crossing at a time when a clearly visible electrical or mechanical signal device or a flagman is giving warning of the approach of a railway train, he or she shall stop the vehicle not less than 5 metres from the nearest rail of the railway and shall not proceed until he or she can do so safely. R.S.O. 1990, c. H.8, s. 163.

Stop signs at railway crossings

(2)  Every driver of a vehicle approaching a stop sign at a railway crossing shall, unless otherwise directed by a flagman, stop the vehicle at the marked stop line or, if none, then not less than five metres from the nearest rail of the railway, and shall not proceed until he or she can do so safely. 2002, c. 18, Sched. P, s. 30.

Driving of vehicles under crossing gates prohibited

164.  No person shall drive a vehicle through, around or under a crossing gate or barrier at a railway crossing while the gate or barrier is closed or is being opened or closed. R.S.O. 1990, c. H.8, s. 164.

Opening of doors of motor vehicles

165.  No person shall,

(a) open the door of a motor vehicle on a highway without first taking due precautions to ensure that his or her act will not interfere with the movement of or endanger any other person or vehicle; or

(b) leave a door of a motor vehicle on a highway open on the side of the vehicle available to moving traffic for a period of time longer than is necessary to load or unload passengers.  R.S.O. 1990, c. H.8, s. 165.

Passing street cars

Standing street car, etc.

166.  (1)  Where a person in charge of a vehicle or on a bicycle or on horseback or leading a horse on a highway overtakes a street car or a car of an electric railway, operated in or near the centre of the roadway, which is stationary for the purpose of taking on or discharging passengers, he or she shall not pass the car or approach nearer than 2 metres measured back from the rear or front entrance or exit, as the case may be, of the car on the side on which passengers are getting on or off until the passengers have got on or got safely to the side of the street, as the case may be, but this subsection does not apply where a safety zone has been set aside and designated by a by-law passed under section 9, 10 or 11 of the Municipal Act, 2001 or under section 7 or 8 of the City of Toronto Act, 2006, as the case may be. 2006, c. 32, Sched. C, s. 24 (6).

Prohibition as to passing street cars on left-hand side

(2)  No person in charge of a vehicle or on a bicycle or on horseback or leading a horse, overtaking a street car or the car of an electric railway, operated in or near the centre of the roadway, which is stationary or in motion, shall pass on the left side of the car, having reference to the direction in which the car is travelling, but this subsection does not apply to a fire department vehicle while proceeding to a fire or answering a fire alarm call or where the street car or car of an electric railway is being operated on a highway designated for the use of one-way traffic. R.S.O. 1990, c. H.8, s. 166 (2); 2009, c. 5, s. 50.

Approaching ridden or driven horses, etc.

167.  Every person having the control or charge of a motor vehicle or motor assisted bicycle on a highway, when approaching a horse or other animal that is drawing a vehicle or being driven, led or ridden, shall operate, manage and control the motor vehicle or motor assisted bicycle so as to exercise every reasonable precaution to prevent the frightening of the horse or other animal and to ensure the safety and protection of any person driving, leading or riding upon the horse or other animal or being in any vehicle drawn by the horse or other animal. R.S.O. 1990, c. H.8, s. 167.

Use of passing beam

168.  When on a highway at any time when lighted lamps are required to be displayed on vehicles, the driver of a motor vehicle equipped with multiple beam headlamps shall use the lower or passing beam when,

(a) approaching an oncoming vehicle within 150 metres; or

(b) following another vehicle within 60 metres, except when in the act of overtaking and passing. R.S.O. 1990, c. H.8, s. 168.

Alternating beams

Emergency vehicles

169.  (1)  Despite section 168, highbeam headlamps that produce alternating flashes of white light may be used by a public utility emergency vehicle while responding to an emergency and by an emergency vehicle as defined in subsection 144 (1). R.S.O. 1990, c. H.8, s. 169 (1).

Alternating highbeams on other vehicles prohibited

(2)  No person shall use highbeam headlamps that produce alternating flashes of white light on any vehicle other than a vehicle referred to in subsection (1). R.S.O. 1990, c. H.8, s. 169 (2).

Parking on roadway

170.  (1)  No person shall park, stand or stop a vehicle on a roadway,

(a) when it is practicable to park, stand or stop the vehicle off the roadway; or

(b) when it is not practicable to park, stand or stop the vehicle off the roadway unless a clear view of the vehicle and of the roadway for at least 125 metres beyond the vehicle may be obtained from a distance of at least 125 metres from the vehicle in each direction upon the highway. R.S.O. 1990, c. H.8, s. 170 (1).

Where subs. (1) does not apply

(2)  Subsection (1) does not apply to that portion of a roadway within a local municipality, other than a local municipality that was a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have been a township on January 1, 2003. R.S.O. 1990, c. H.8, s. 170 (2); 2002, c. 17, Sched. F, Table.

Idem

(3)  Subsection (1) does not apply to that portion of a roadway within a local municipality that was a township on December 31, 2002 and, but for the enactment of the Municipal Act, 2001, would have been a township on January 1, 2003 in respect of which there is a by-law prohibiting or regulating parking, standing and stopping. R.S.O. 1990, c. H.8, s. 170 (3); 2002, c. 17, Sched. F, Table.

Idem

(4)  Subsection (1) does not apply to a road service vehicle that is parked, standing or stopped safely. R.S.O. 1990, c. H.8, s. 170 (4).

Regulations, parking, etc.

(5)  The Minister may make regulations prohibiting or regulating the parking, standing or stopping of vehicles upon a highway or any part of a highway or upon any class or classes thereof. R.S.O. 1990, c. H.8, s. 170 (5).

Effect of regulation on municipal by-law

(6)  The part of every municipal by-law that is inconsistent with or has the same effect as a regulation made under subsection (5) is revoked on the day the regulation comes into force. R.S.O. 1990, c. H.8, s. 170 (6).

Removal of vehicle parked at prohibited place

(7)  Whenever a police officer, police cadet, municipal law enforcement officer or an officer appointed for carrying out the provisions of this Act finds a vehicle on a highway in contravention of this section or the regulations, he or she may move the vehicle or require the driver or operator or other person in charge of the vehicle to move it. R.S.O. 1990, c. H.8, s. 170 (7).

Disabled vehicle

(8)  The provisions of this section do not apply to the driver or operator of a vehicle that is so disabled while on a highway that it is impossible to avoid temporarily a contravention of the provisions. R.S.O. 1990, c. H.8, s. 170 (8).

Precaution against vehicle being set in motion

(9)  No person shall park or stand a vehicle on a highway unless he or she has taken the action that may be reasonably necessary in the circumstances to prevent the vehicle from moving or being set in motion. R.S.O. 1990, c. H.8, s. 170 (9).

Warning lights on commercial motor vehicles

(10)  Every commercial motor vehicle, when on a highway on which the speed limit is in excess of 60 kilometres per hour at any time when lighted lamps are required to be displayed on vehicles, shall be equipped with a sufficient number of,

(a) flares, lamps or lanterns that have been approved by the Ministry, capable of continuously producing two warning lights, each visible from a distance of at least 150 metres for a period of at least eight hours; or

(b) portable reflectors that have been approved by the Ministry. R.S.O. 1990, c. H.8, s. 170 (10); 2005, c. 26, Sched. A, s. 28 (1).

Flares on disabled commercial motor vehicle or trailer

(11)  When any commercial motor vehicle or trailer is disabled during the period when lighted lamps are required to be displayed on vehicles and the vehicle cannot immediately be removed from the roadway on which the speed limit is in excess of 60 kilometres per hour, the driver or other person in charge of the vehicle shall cause the flares, lamps or lanterns to be lighted, and shall cause them or portable reflectors approved by the Ministry to be placed and maintained on the highway until the time that lighted lamps are not required to be displayed on vehicles or the removal of the vehicle, one at a distance of approximately 30 metres in advance of the vehicle and one at a distance of approximately 30 metres to the rear of the vehicle. R.S.O. 1990, c. H.8, s. 170 (11); 2005, c. 26, Sched. A, s. 28 (1).

Vehicles interfering with traffic

(12)  Despite the other provisions of this section, no person shall park or stand a vehicle on a highway in such a manner as to interfere with the movement of traffic or the clearing of snow from the highway. R.S.O. 1990, c. H.8, s. 170 (12).

Application of subs. (12), where by-law in force

(13)  The provisions of subsection (12) with respect to parking or standing in such a manner as to interfere with the movement of traffic or with the clearing of snow from the highway do not apply to a portion of a highway in respect of which a municipal by-law prohibiting or regulating parking or standing in such a manner as to interfere with traffic or with the clearing of snow from the highway, as the case may be, is in force. R.S.O. 1990, c. H.8, s. 170 (13).

Penalty

(14)  Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $20 and not more than $100. R.S.O. 1990, c. H.8, s. 170 (14).

Powers of officer to remove vehicle

(15)  A police officer, police cadet, municipal law enforcement officer or an officer appointed for carrying out the provisions of this Act, upon discovery of any vehicle parked or standing in contravention of subsection (12), of a regulation made under subsection 26 (3) of the Public Transportation and Highway Improvement Act or of a municipal by-law, may cause it to be moved or taken to and placed or stored in a suitable place and all costs and charges for the removal, care and storage of the vehicle, if any, are a lien upon the vehicle, which may be enforced in the manner provided by the Repair and Storage Liens Act. 2005, c. 26, Sched. A, s. 28 (2).

Tow truck services

171.  (1)  No person shall make or convey an offer of services of a tow truck while that person is within 200 metres of,

(a) the scene of an accident or apparent accident; or

(b) a vehicle involved in an accident,

on the King’s Highway. R.S.O. 1990, c. H.8, s. 171 (1).

Idem

(2)  No person shall park or stop a tow truck on the King’s Highway within 200 metres of,

(a) the scene of an accident or apparent accident; or

(b) a vehicle involved in an accident,

if there is a sufficient number of tow trucks already at the scene to deal with all vehicles that apparently require the services of a tow truck. R.S.O. 1990, c. H.8, s. 171 (2).

Idem

(3)  Subsections (1) and (2) do not apply to a person who is at the scene of the accident at the request of a police officer, an officer appointed for carrying out the provisions of this Act, a person engaged in highway maintenance or a person involved in the accident. R.S.O. 1990, c. H.8, s. 171 (3).

Offence

(4)  Every person who contravenes any provision in this section is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not less than $200 and not more than $1,000; and

(b) for each subsequent offence, to a fine of not less than $400 and not more than $2,000, or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 171 (4).

Idem

(5)  An offence under this section committed five years or longer after a previous conviction for an offence under this section is not a subsequent offence for the purposes of clause (4) (b). R.S.O. 1990, c. H.8, s. 171 (5).

Racing, stunts, etc., prohibited

172.  (1)  No person shall drive a motor vehicle on a highway in a race or contest, while performing a stunt or on a bet or wager. 2007, c. 13, s. 21.

Offence

(2)  Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $2,000 and not more than $10,000 or to imprisonment for a term of not more than 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 than two years; or

(b) on a subsequent conviction under this section, for not more than 10 years. 2007, c. 13, s. 21.

Determining subsequent conviction

(3)  In determining whether a conviction is a subsequent conviction for the purposes of subsection (2), the only question to be considered is the sequence of convictions and no consideration shall be given to the sequence of commission of offences or whether any offence occurred before or after any conviction. 2007, c. 13, s. 21.

10-year limitation

(4)  A conviction that is more than 10 years after the previous conviction is deemed to be a first conviction for the purpose of subsection (2). 2007, c. 13, s. 21.

Police to require surrender of licence, detention of vehicle

(5)  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). 2007, c. 13, s. 21.

Administrative seven-day licence suspension

(6)  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. 2007, c. 13, s. 21.

Administrative seven-day vehicle impoundment

(7)  Upon a motor vehicle being detained under clause (5) (b), 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). 2007, c. 13, s. 21.

Release of vehicle

(8)  Subject to subsection (15), the motor vehicle shall be released to its owner from the impound facility upon the expiry of the period of impoundment. 2007, c. 13, s. 21.

Early release of vehicle

(9)  Despite the detention or impoundment of a motor vehicle under this section, a police officer may release the motor vehicle to its owner before it is impounded under subsection (7) or, subject to subsection (15), may direct the operator of the impound facility where the motor vehicle is impounded to release the motor vehicle to its owner before the expiry of the seven days if the officer is satisfied that the motor vehicle was stolen at the time that it was driven on a highway in contravention of subsection (1). 2007, c. 13, s. 21.

Duty of officer re licence suspension

(10)  Every officer who asks for the surrender of a person’s driver’s licence under this section shall keep a record of the licence received with the name and address of the person and the date and time of the suspension and shall, as soon as practicable after receiving the licence, provide the person with a notice of suspension showing the time from which the suspension takes effect and the period of time for which the licence is suspended. 2007, c. 13, s. 21.

Duty of officer re impoundment

(11)  Every officer who detains a motor vehicle under this section shall prepare a notice identifying the motor vehicle that is to be impounded under subsection (7), the name and address of the driver and the date and time of the impoundment and shall, as soon as practicable after the impoundment of the motor vehicle, provide the driver with a copy of the notice showing the time from which the impoundment takes effect, the period of time for which the motor vehicle is impounded and the place where the vehicle may be recovered. 2007, c. 13, s. 21.

Same

(12)  A police officer shall provide a copy of the notice prepared under subsection (11) to the owner of the motor vehicle by delivering it personally or by mail to the address of the owner shown on the permit for the motor vehicle or to the latest address for the owner appearing on the records of the Ministry. 2007, c. 13, s. 21.

No appeal or hearing

(13)  There is no appeal from, or right to be heard before, a vehicle detention, driver’s licence suspension or vehicle impoundment under subsection (5), (6) or (7), but this subsection does not affect the taking of any proceeding in court. 2007, c. 13, s. 21.

Lien for storage costs

(14)  The costs incurred by the person who operates the impound facility where a motor vehicle is impounded under this section are a lien on the motor vehicle that may be enforced under the Repair and Storage Liens Act. 2007, c. 13, s. 21.

Costs to be paid before release of vehicle

(15)  The person who operates the impound facility where a motor vehicle is impounded under subsection (7) is not required to release the motor vehicle until the removal and impound costs for the vehicle have been paid. 2007, c. 13, s. 21.

Owner may recover losses from driver

(16)  The owner of a motor vehicle that is impounded under this section may bring an action against the driver of the motor vehicle at the time the vehicle was detained under clause (5) (b) to recover any costs or other losses incurred by the owner in connection with the impoundment. 2007, c. 13, s. 21.

Offence

(17)  Every person who obstructs or interferes with a police officer in the performance of his or her duties under this section is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $5,000 or to imprisonment for a term of not more than six months, or to both. 2007, c. 13, s. 21.

Intent of suspension and impoundment

(18)  The suspension of a driver’s licence and the impoundment of a motor vehicle under this section are intended to promote compliance with this Act and to thereby safeguard the public and do not constitute an alternative to any proceeding or penalty arising from the same circumstances or around the same time. 2007, c. 13, s. 21.

Impoundment concurrent with other administrative impoundments

(18.1)  The impoundment of a motor vehicle under this section runs concurrently with an impoundment, if any, of the same motor vehicle under section 41.4, 48.4, 55.1, 55.2 or 82.1. 2009, c. 5, s. 51 (1).

(19)  Repealed: 2008, c. 17, s. 43.

Regulations

(20)  The Lieutenant Governor in Council may make regulations,

(a) requiring police officers to keep records with respect to licence suspensions and vehicle impoundments under this section for a specified period of time and to report specified information with respect to licence suspensions and vehicle impoundments to the Registrar and governing such records and reports;

(b) exempting any class of persons or class or type of vehicles from any provision or requirement of this section or of any regulation made under this section, prescribing conditions for any such exemptions and prescribing different requirements for different classes of persons or different classes or types of vehicles;

(c) defining the terms “race”, “contest” and “stunt” for the purposes of this section. 2007, c. 13, s. 21.

Definition

(21)  In this section,

“driver’s licence” includes a driver’s licence issued by another jurisdiction. 2007, c. 13, s. 21.

Same

(22)  In this section and in section 172.1,

“motor vehicle” includes a street car, a motorized snow vehicle, a farm tractor, a self-propelled implement of husbandry and a road-building machine. 2009, c. 5, s. 51 (2).

Nitrous oxide fuel systems prohibited

172.1  (1)  No person shall drive or permit to be driven on a highway a motor vehicle manufactured or modified after its manufacture such that nitrous oxide may be delivered into the fuel mixture unless,

(a) the part of the fuel system that may connect to a canister, bottle, tank or pressure vessel capable of containing nitrous oxide can be clearly seen by looking at the interior or exterior of the motor vehicle;

(b) there is no canister, bottle, tank or pressure vessel connected to that part; and

(c) if the part of the fuel system that may connect to a canister, bottle, tank or pressure vessel capable of containing nitrous oxide is located inside the passenger compartment, there is no canister, bottle, tank or pressure vessel capable of containing nitrous oxide in the passenger compartment. 2007, c. 13, s. 22.

Same

(2)  No person shall drive or permit to be driven on a highway a motor vehicle manufactured or modified after its manufacture such that nitrous oxide may be delivered into the fuel mixture unless,

(a) the part of the fuel system that may connect to a canister, bottle, tank or pressure vessel capable of containing nitrous oxide is completely disconnected from the part of the system that connects to the engine;

(b) the disconnection can be clearly seen by looking at the interior or exterior of the motor vehicle; and

(c) the disconnected parts cannot be reconnected from inside the passenger compartment. 2007, c. 13, s. 22.

Offence

(3)  Every person who contravenes subsection (1) or (2) is guilty of an offence and on conviction is liable to a fine of not less than $500 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both. 2007, c. 13, s. 22.

Horse racing on highway

173.  No person shall race or drive furiously any horse or other animal on a highway. R.S.O. 1990, c. H.8, s. 173.

Railway crossings

Public vehicles required to stop

174.  (1)  The driver of a public vehicle upon approaching on a highway a railway crossing that is not protected by gates or railway crossing signal lights, unless otherwise directed by a flagman, shall,

Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (1) is amended by the Statutes of Ontario, 2002, chapter 18, Schedule P, section 31 by striking out the portion before clause (a) and substituting the following:

Public vehicles required to stop at railway crossings

(1)  The driver of a public vehicle, upon approaching on a highway a railway crossing that is not protected by gates or railway crossing signal lights or marked by a stop sign, unless otherwise directed by a flagman, shall,

See: 2002, c. 18, Sched. P, ss. 31, 46 (1).

(a) stop the vehicle not less than 5 metres from the nearest rail of the railway;

(b) look in both directions along the railway track;

(c) open a door of the vehicle and listen to determine if any train is approaching;

(d) when it is safe to do so, cross the railway track in a gear that will not need to be changed while crossing the track; and

(e) not change gears while crossing the railway track. 1997, c. 12, s. 13.

School buses required to stop

(2)  The driver of a school bus, within the meaning of section 175, upon approaching on a highway a railway crossing, whether or not it is protected by gates or railway crossing signal lights, unless otherwise directed by a flagman, shall,

(a) stop the school bus not less than 5 metres from the nearest rail of the railway;

(b) look in both directions along the railway track;

(c) open a door of the school bus and listen to determine if any train is approaching;

(d) when it is safe to do so, cross the railway track in a gear that will not need to be changed while crossing the track; and

(e) not change gears while crossing the railway track. 1997, c. 12, s. 13.

School buses

175.  (1)  In this section,

“children” means,

(a) persons under the age of eighteen, and

(b) in the case where a school bus is being operated by or under a contract with a school board or other authority in charge of a school for the transportation of children to or from school, includes students of the school; (“enfants”)

“developmental disability” means a condition of mental impairment, present or occurring during a person’s formative years, that is associated with limitations in adaptive behaviour; (“déficience intellectuelle”)

“school” does not include a post-secondary school educational institution; (“école”)

“school bus” means a bus that,

(a) is painted chrome yellow, and

(b) displays on the front and rear thereof the words “school bus” and on the rear thereof the words “do not pass when signals flashing”. (“autobus scolaire”) R.S.O. 1990, c. H.8, s. 175 (1); 2001, c. 13, s. 18 (1, 2).

Meaning of “bus”

(2)  For the purposes of subsection (3), a motor vehicle shall be deemed to be a bus if it is or has been operated under the authority of a permit for which a bus registration or validation fee was paid in any jurisdiction. R.S.O. 1990, c. H.8, s. 175 (2).

Only school buses to be painted chrome yellow

(3)  No bus, except a bus that at any time during its current validation period is used to transport children or to transport adults who have developmental disabilities, shall be painted chrome yellow. R.S.O. 1990, c. H.8, s. 175 (3); 2001, c. 13, s. 18 (3).

School bus signs

(4)  No motor vehicle on a highway, other than a school bus, shall have displayed thereon the words “school bus” or the words “do not pass when signals flashing” or be equipped with a school bus stop arm. R.S.O. 1990, c. H.8, s. 175 (4).

Driving motor vehicle, subss. (3) and (4)

(5)  No person shall drive or operate a motor vehicle on a highway that contravenes subsection (3) or (4). R.S.O. 1990, c. H.8, s. 175 (5).

School bus driver, signals

(6)  Subject to subsection (9), every school bus driver,

(a) who is about to stop on a highway for the purpose of receiving or discharging children or receiving or discharging adults who have developmental disabilities, shall actuate the overhead red signal-lights on the bus;

(b) as soon as the bus is stopped for a purpose set out in clause (a), shall actuate the school bus stop arm; and

(c) while the bus is stopped for a purpose set out in clause (a) on a highway, shall continue to operate the overhead red signal-lights and stop arm until the passengers have been received or discharged and until all passengers having to cross the highway have completed the crossing. R.S.O. 1990, c. H.8, s. 175 (6); 2000, c. 26, Sched. O, s. 14; 2001, c. 13, s. 18 (4).

School buses, stopping on highway

(7)  Clause 170 (1) (a) does not apply to a driver who stops in accordance with subsection (6). R.S.O. 1990, c. H.8, s. 175 (7).

School buses, restriction on use of signals

(8)  No person shall actuate the overhead red signal-lights or the stop arm on a school bus on a highway under any circumstances other than those set out in subsection (6). R.S.O. 1990, c. H.8, s. 175 (8).

Idem

(9)  No person shall actuate the overhead red signal-lights or the stop arm on a school bus,

(a) at an intersection controlled by an operating traffic control signal system;

(b) at any other location controlled by an operating traffic control signal system at,

(i) a sign or roadway marking indicating where the stop is to be made,

(ii) the area immediately before entering the nearest crosswalk, if there is no sign or marking indicating where the stop is to be made, or

(iii) a point not less than five metres before the nearest traffic control signal, if there is no sign, marking or crosswalk; or

(c) within sixty metres from a location referred to in clause (a) or (b). R.S.O. 1990, c. H.8, s. 175 (9).

School bus loading zones

(10)  No person shall stop a school bus on a highway for the purpose of receiving or discharging children or receiving or discharging adults who have developmental disabilities,

(a) opposite a designated school bus loading zone; or

(b) at a designated school bus loading zone, except as close as practicable to the right curb or edge of the roadway. R.S.O. 1990, c. H.8, s. 175 (10); 2001, c. 13, s. 18 (5).

Duty of drivers when school bus stopped

(11)  Every driver or street car operator, when meeting on a highway, other than a highway with a median strip, a stopped school bus that has its overhead red signal-lights flashing, shall stop before reaching the bus and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing. R.S.O. 1990, c. H.8, s. 175 (11).

Idem

(12)  Every driver or street car operator on a highway, when approaching from the rear a stopped school bus that has its overhead red signal-lights flashing, shall stop at least twenty metres before reaching the bus and shall not proceed until the bus moves or the overhead red signal-lights have stopped flashing. R.S.O. 1990, c. H.8, s. 175 (12).

Designating school bus loading zones

(13)  A council of a municipality may by by-law designate school bus loading zones, in accordance with the regulations, on highways under its jurisdiction and, where it does so, subsection (6) does not apply to a driver about to stop or stopping in a zone so designated. R.S.O. 1990, c. H.8, s. 175 (13).

When effective

(14)  No by-law passed under subsection (13) becomes effective until the highways or portions thereof affected have signs erected in compliance with this Act and the regulations. R.S.O. 1990, c. H.8, s. 175 (14).

Regulations

(15)  The Lieutenant Governor in Council may make regulations,

(a) respecting the operation of vehicles used for transporting children or for transporting adults who have developmental disabilities;

(b) prescribing the type, design and colour of vehicles referred to in clause (a) and the markings to be displayed thereon;

(c) requiring the use of any equipment on or in vehicles referred to in clause (a) and prescribing the standards and specifications of the equipment;

(d) prescribing the qualifications of drivers of vehicles referred to in clause (a) and prohibiting the operation thereof by unqualified persons;

(e) requiring the inspection of vehicles referred to in clause (a);

(f) respecting the designation of school bus loading zones, the location thereof, the erection of signs and the placing of markings on highways;

(g) prescribing the books and records that shall be kept by persons who operate vehicles used for transporting children or for transporting adults who have developmental disabilities;

(h) requiring the retention of prescribed books and records within vehicles and prescribing the information to be contained and the entries to be recorded in the books or records;

(i) governing the service of offence notices for the purposes of subsections (26), (27) and (28), including deeming service to have been effected on a date determined in accordance with the regulations. R.S.O. 1990, c. H.8, s. 175 (15); 2001, c. 13, s. 18 (6, 7); 2004, c. 22, s. 5 (1).

Scope of regulations

(16)  Any regulation made under subsection (15) may be general or particular in its application. R.S.O. 1990, c. H.8, s. 175 (16).

Penalty

(17)  Every person who contravenes subsection (11) or (12) is guilty of an offence and on conviction is liable,

(a) for a first offence, to a fine of not less than $400 and not more than $2,000; and

(b) for each subsequent offence, to a fine of not less than $1,000 and not more than $4,000 or to imprisonment for a term of not more than six months, or to both. 1997, c. 12, s. 14.

Time limit for subsequent offence

(18)  An offence referred to in subsection (17) committed more than five years after a previous conviction for either of the offences referred to in subsection (17) is not a subsequent offence for the purpose of clause (17) (b). R.S.O. 1990, c. H.8, s. 175 (18).

Certificate of offence – owner

(19)  A person who issues a certificate of offence or who prepares an information to be laid under the Provincial Offences Act for a contravention of subsection (11) shall, despite that Act and the regulations under that Act, specify this subsection, instead of subsection (11), as the provision that was contravened, if the defendant is being charged as the owner of the vehicle. 2004, c. 22, s. 5 (2).

Same

(20)  A person who issues a certificate of offence or who prepares an information to be laid under the Provincial Offences Act for a contravention of subsection (12) shall, despite that Act and the regulations under that Act, specify this subsection, instead of subsection (12), as the provision that was contravened, if the defendant is being charged as the owner of the vehicle. 2004, c. 22, s. 5 (2).

Deemed to specify subs. (11) or (12)

(21)  A certificate of offence, offence notice, information or summons that specifies subsection (19) or (20) as the provision that was contravened shall be deemed to specify that subsection (11) or (12) was contravened, as the case may be. 2004, c. 22, s. 5 (2).

No dismissal

(22)  No charge shall be dismissed, and no certificate of offence or information shall be quashed, on the basis that a certificate of offence, offence notice, information or summons specifies subsection (19) or (20) instead of subsection (11) or (12) as the provision that was contravened. 2004, c. 22, s. 5 (2).

No amendment

(23)  A certificate of offence or information that specifies subsection (11) or (12) as the provision that was contravened shall not be amended to specify subsection (19) or (20) and a certificate of offence or information that specifies subsection (19) or (20) as the provision that was contravened shall not be amended to specify subsection (11) or (12), without the consent of the prosecutor and the defendant. 2004, c. 22, s. 5 (2).

Purpose of subss. (19) to (23)

(24)  The purpose of subsections (19) to (23) is to facilitate the use of computer systems that are maintained by the Government of Ontario for recording and processing information related to provincial offences. 2004, c. 22, s. 5 (2).

Provincial Offences Act, Part I

(25)  No summons shall be issued under clause 3 (2) (b) of the Provincial Offences Act in proceedings alleging an offence under subsection (19) or (20). 2004, c. 22, s. 5 (2).

Service of offence notice

(26)  An offence notice issued in proceedings alleging an offence under subsection (19) or (20) may be served in accordance with the regulations, in which case subsections 3 (3) to (7) of the Provincial Offences Act do not apply. 2004, c. 22, s. 5 (2).

Certificate of service

(27)  If the provincial offences officer who issues the certificate of offence also serves the offence notice, that officer shall certify, on the certificate of offence, the fact that he or she took the steps authorized by the regulations to serve the offence notice and the date those steps were taken. 2004, c. 22, s. 5 (2).

Evidence

(28)  A certificate referred to in subsection (27) purporting to be signed by the provincial offences officer who issued it shall be received in evidence and is proof of service in the absence of evidence to the contrary. 2004, c. 22, s. 5 (2).

School crossings

176.  (1)  In this section,

“school crossing guard” means a person sixteen years of age or older who is directing the movement of persons across a highway and who is,

(a) employed by a municipality, or

(b) employed by a corporation under contract with a municipality to provide the services of a school crossing guard. R.S.O. 1990, c. H.8, s. 176 (1); 2005, c. 14, s. 1 (1).

School crossing guard shall display sign

(2)  A school crossing guard about to direct persons across a highway with a speed limit not in excess of 60 kilometres per hour shall, prior to entering the roadway, display a school crossing stop sign in an upright position so that it is visible to vehicles approaching from each direction and shall continue to so display the school crossing stop sign until all persons, including the school crossing guard, have cleared the roadway. 2005, c. 26, Sched. A, s. 29 (1).

Vehicles approaching guard displaying sign

(3)  Where a school crossing guard displays a school crossing stop sign as provided in subsection (2), the driver of any vehicle or street car approaching the school crossing guard shall stop before reaching the crossing and shall remain stopped until all persons, including the school crossing guard, have cleared the half of the roadway upon which the vehicle or street car is travelling and it is safe to proceed. 2005, c. 26, Sched. A, s. 29 (1).

Display of school crossing stop sign

(4)  A school crossing guard shall not display on a highway a school crossing stop sign under any circumstances other than those set out in subsection (2). R.S.O. 1990, c. H.8, s. 176 (4).

Idem

(5)  No person other than a school crossing guard shall display on a highway a school crossing stop sign. R.S.O. 1990, c. H.8, s. 176 (5).

Offence

(5.1)  Every person who contravenes subsection (3) is guilty of an offence and on conviction is liable to a fine of not less than $150 and not more than $500. 2005, c. 26, Sched. A, s. 29 (2).

Regulations

(6)  The Lieutenant Governor in Council may make regulations prescribing the type, design and specifications of school crossing stop signs.  R.S.O. 1990, c. H.8, s. 176 (6).

Soliciting rides or business from drivers

Soliciting rides prohibited

177.  (1)  No person, while on the roadway, shall solicit a ride from the driver of a motor vehicle other than a public passenger conveyance. 1999, c. 8, s. 7 (1).

Soliciting business prohibited

(2)  No person, while on the roadway, shall stop, attempt to stop or approach a motor vehicle for the purpose of offering, selling or providing any commodity or service to the driver or any other person in the motor vehicle. 1999, c. 8, s. 7 (1).

Exception, emergencies

(3)  Subsection (2) does not apply to the offer, sale or provision of towing or repair services or any other commodity or service, in an emergency. 1999, c. 8, s. 7 (1).

Permitted fund-raising by charities

(3.1)  Subsection (2) does not apply to fund-raising activities that meet the following conditions:

1. They are conducted by a charitable organization registered under the Income Tax Act (Canada) on a roadway where the maximum speed limit is 50 kilometres per hour.

2. They are permitted by a by-law of the municipality in which the activities are conducted. 2005, c. 32, s. 2.

Penalty for contravention of subs. (2)

(4)  Every person who contravenes subsection (2) is guilty of an offence and is liable,

(a) on a first conviction, to a fine of not more than $500; and

(b) on each subsequent conviction, to a fine of not more than $1,000 or to imprisonment for a term of not more than six months, or to both. 1999, c. 8, s. 7 (1).

s. 171 (tow truck services) not affected

(5)  Nothing in this section affects the operation of section 171. 1999, c. 8, s. 7 (1).

Clinging to vehicles, bicycle passengers, etc.

Bicycle riders, etc., clinging to vehicles

178.  (1)  A person riding upon a motor assisted bicycle, a bicycle, a coaster, roller skates, skis, a toboggan, a sled or a toy vehicle shall not attach it, them, himself or herself to a vehicle or street car on a roadway. R.S.O. 1990, c. H.8, s. 178 (1).

Bicycle passengers

(2)  No person riding on a bicycle designed for carrying one person only shall carry any other person thereon. R.S.O. 1990, c. H.8, s. 178 (2).

Motor assisted bicycle passengers

(3)  No person driving a motor assisted bicycle shall carry any other person thereon. R.S.O. 1990, c. H.8, s. 178 (3).

Persons clinging to vehicles

(4)  No person shall attach himself or herself to the outside of a vehicle or street car on a roadway for the purpose of being drawn along the roadway. R.S.O. 1990, c. H.8, s. 178 (4).

Duties of pedestrian when walking along highway

179.  (1)  Where sidewalks are not provided on a highway, a pedestrian walking along the highway shall walk on the left side thereof facing oncoming traffic and, when walking along the roadway, shall walk as close to the left edge thereof as possible. R.S.O. 1990, c. H.8, s. 179 (1).

Idem

(2)  Subsection (1) does not apply to a pedestrian walking a bicycle in circumstances where crossing to the left side of the highway would be unsafe. R.S.O. 1990, c. H.8, s. 179 (2).

Littering highway prohibited

180.  Every person who throws or deposits or causes to be deposited any glass, nails, tacks or scraps of metal or any rubbish, refuse, waste or litter upon, along or adjacent to a highway, except in receptacles provided for the purpose, is guilty of the offence of littering the highway. R.S.O. 1990, c. H.8, s. 180.

Deposit of snow on roadway

181.  No person shall deposit snow or ice on a roadway without permission in writing so to do from the Ministry or the road authority responsible for the maintenance of the road. R.S.O. 1990, c. H.8, s. 181.

Regulations, signs and markings

182.  (1)  The Lieutenant Governor in Council may make regulations requiring or providing for the erection of signs and the placing of markings on any highway or any type or class thereof, and prescribing the types of the signs and markings and the location on the highway of each type of sign and marking and prohibiting the use or erection of any sign or type of sign that is not prescribed. R.S.O. 1990, c. H.8, s. 182 (1); 2002, c. 18, Sched. P, s. 32.

Signs to be obeyed

(2)  Every driver or operator of a vehicle or street car shall obey the instructions or directions indicated on any sign so erected. R.S.O. 1990, c. H.8, s. 182 (2).

Regulations, tunnels

183.  (1)  The Lieutenant Governor in Council may make regulations,

(a) designating any part of a highway as a tunnel;

(b) providing for the erection of signs and the placing of markings,

(i) on any highway approaching any part of a highway designated as a tunnel,

(ii) on any part of a highway designated as a tunnel,

and prescribing the types of the signs and markings and the location of each type of sign and marking;

(c) prohibiting or regulating the use of that part of the highway designated as a tunnel by pedestrians, animals or any class or classes of vehicles;

(d) prohibiting or regulating the transportation of explosives and dangerous materials or any class thereof by a vehicle on that part of a highway designated as a tunnel. R.S.O. 1990, c. H.8, s. 183 (1).

Signs to be obeyed

(2)  Every driver or operator of a vehicle shall obey the instructions or directions indicated on any sign so erected. R.S.O. 1990, c. H.8, s. 183 (2).

Defacing or removing notices or obstructions

184.  Every person who wilfully removes, defaces or in any manner interferes with any notice or obstruction lawfully placed on a highway is guilty of an offence and on conviction is liable to a fine of not less than $200 and not more than $1,000 or to imprisonment for a term of not more than six months, or to both. R.S.O. 1990, c. H.8, s. 184.

Regulating or prohibiting use of highway by pedestrians, etc.

185.  (1)  The Minister may make regulations prohibiting or regulating the use of any highway or part thereof by pedestrians or animals or any class or classes of vehicles. R.S.O. 1990, c. H.8, s. 185 (1).

Prohibiting motor assisted bicycles, etc., on municipal highways

(2)  The council of a municipality may by by-law prohibit pedestrians or the use of motor assisted bicycles, bicycles, wheelchairs or animals on any highway or portion of a highway under its jurisdiction. R.S.O. 1990, c. H.8, s. 185 (2).

Removing pedestrians

(3)  Where a pedestrian is on a highway in contravention of a regulation made or by-law passed under this section, a police officer may require the pedestrian to accompany him or her to the nearest intersecting highway on which pedestrians are not prohibited and the pedestrian shall comply with the request. R.S.O. 1990, c. H.8, s. 185 (3).

Prohibiting commercial vehicles in left lane

186.  (1)  The council of a municipality may by by-law prohibit the operation of,

(a) a commercial motor vehicle other than a bus; or

(b) any combination of a commercial motor vehicle and a towed vehicle,

that exceeds 6.5 metres in length, in the left lane of any highway under its jurisdiction that has three or more lanes for traffic in each direction and on which the speed limit is 80 kilometres per hour or more. R.S.O. 1990, c. H.8, s. 186 (1); 2005, c. 26, Sched. A, s. 30.

When prohibition does not apply

(2)  A by-law passed under subsection (1) does not apply to the use of the left lane of a highway by a commercial motor vehicle,

(a) that is being used for the maintenance or construction of the highway; or

(b) in an emergency. R.S.O. 1990, c. H.8, s. 186 (2).

Signs

(3)  Where the council of a municipality passes a by-law under subsection (1), the municipality shall erect signs over the left lane of the highway governed by the by-law so located that they can be seen by the drivers of commercial motor vehicles entering the highway from connecting or intersecting highways. R.S.O. 1990, c. H.8, s. 186 (3).

Aircraft on highways

Removal of aircraft from highway after emergency landing

187.  (1)  Where an aircraft has made an emergency landing on a highway, the pilot in command thereof, if he or she is physically capable, shall, as soon after landing as is reasonably possible, remove or cause it to be removed from the roadway. R.S.O. 1990, c. H.8, s. 187 (1).

Aircraft and movement along highway subject to Act

(2)  Subject to subsection (3), no aircraft shall be driven or drawn along a highway unless the aircraft and the movement thereof comply with the provisions of this Act respecting vehicles and the movement thereof on a highway. R.S.O. 1990, c. H.8, s. 187 (2).

Aircraft take-off from highway

(3)  Where an aircraft has landed on a highway because of an emergency related to the operation of the aircraft, the aircraft may take off from the highway provided,

(a) a licensed commercial pilot, not being the owner of the aircraft, who is qualified to fly that class and category of aircraft, and the pilot in command of the aircraft are both satisfied that the aircraft is airworthy and that there are no physical obstructions on or over the highway which would make such take-off unsafe;

(b) the pilot in command of the aircraft is satisfied that weather conditions are satisfactory for the purpose and that the minimum requirements are met under the visual flight rules established by the regulations made under the Aeronautics Act (Canada) or, if the flight is to be continued under instrument flight rules, that adequate arrangements can be made for obtaining a clearance from an air traffic control unit prior to entering instrument flight weather conditions;

(c) traffic control is provided by the appropriate police force; and

(d) the police force consents to the take-off. R.S.O. 1990, c. H.8, s. 187 (3).

Penalty

(4)  Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not more than $10,000. R.S.O. 1990, c. H.8, s. 187 (4).

No liability where good faith

(5)  No proceeding for damages shall be instituted against a police force, police officer or pilot, for an act or an omission done or omitted to be done by it, him or her in respect of the subject-matter of subsection (3) where the force, officer or pilot was acting in good faith. R.S.O. 1990, c. H.8, s. 187 (5).

Riding in house or boat trailers prohibited

188.  No driver of a motor vehicle to which a house trailer or boat trailer is attached shall operate the motor vehicle on a highway if the trailer is occupied by any person. R.S.O. 1990, c. H.8, s. 188.

Air cushioned vehicles prohibited on highways

189.  No person shall operate a vehicle commonly known as an air cushioned vehicle on a highway. R.S.O. 1990, c. H.8, s. 189.

Commercial motor vehicles, driving rules

190.  (1)  In this section and in sections 191 and 191.0.1,

“commercial motor vehicle” and “operator” have the same meanings as in subsection 16 (1). 2002, c. 18, Sched. P, s. 33.

Driving restrictions

(2)  No person shall drive a commercial motor vehicle on a highway except in accordance with this section and the regulations made under this section. R.S.O. 1990, c. H.8, s. 190 (2).

Daily log

(3)  Every driver shall maintain a daily log and shall carry it at all times while in charge of a commercial motor vehicle on the highway. R.S.O. 1990, c. H.8, s. 190 (3).

Surrender of daily log

(4)  Every driver who is required under subsection (3) to carry a daily log shall surrender it to any police officer or officer appointed for the purpose of carrying out the provisions of this Act upon demand by the officer. R.S.O. 1990, c. H.8, s. 190 (4).

One daily log only

(5)  No driver shall make or have more than one daily log that records the same time period or overlapping time periods. R.S.O. 1990, c. H.8, s. 190 (5).

Operator’s duty

(6)  No operator shall permit a person to drive a commercial motor vehicle on a highway except in accordance with this section or the regulations made under this section. R.S.O. 1990, c. H.8, s. 190 (6).

Regulations

(7)  The Lieutenant Governor in Council may make regulations,

(a) prescribing the books, logs and records that shall be kept by operators and drivers of commercial motor vehicles;

(b) requiring the retention of books, logs and records, the information to be contained and the entries to be recorded therein and the places where they shall be kept;

(c) prescribing hours of work, periods of rest and other requirements for the purpose of subsection (2), including prescribing different hours or periods for different types of work or driving;

(d) exempting any person or class of persons or any vehicle or class of vehicles from any requirement in this section or any regulation made under this section and prescribing conditions for any such exemption.

(e) Repealed: 2009, c. 5, s. 52.

R.S.O. 1990, c. H.8, s. 190 (7); 2009, c. 5, s. 52.

Offence and penalty

(8)  Every person who contravenes this section or a regulation made under this section is guilty of an offence and on conviction is liable to a fine of not less than $250 and not more than $20,000 or to imprisonment for a term of not more than six months, or to both. 1996, c. 20, s. 29.

(9)  Repealed: 1996, c. 20, s. 29.

Exemption certificate, hours of work for commercial motor vehicle drivers

191.  (1)  An operator may apply in writing to the Registrar for a certificate exempting the operator and any driver employed by or contracted to the operator from any requirement prescribed by the regulations made under clause 190 (7) (c) regarding hours of work. R.S.O. 1990, c. H.8, s. 191 (1).

Issuance

(2)  On an application under subsection (1), the Registrar may issue the certificate applied for if the Registrar is satisfied that the operator applying for the certificate has a genuine need for it and the issuance of the certificate is unlikely to jeopardize the safety or health of any person. R.S.O. 1990, c. H.8, s. 191 (2).

Conditions

(3)  A certificate issued under this section may contain any conditions that the Registrar considers appropriate and a certificate is subject to the conditions set out therein. R.S.O. 1990, c. H.8, s. 191 (3).

Effect of certificate

(4)  Subject to subsection (5), a certificate issued under this section exempts the operator to whom it is issued and any driver employed by or contracted to that operator from those requirements prescribed by the regulations made under clause 190 (7) (c) that are set out in the certificate. R.S.O. 1990, c. H.8, s. 191 (4).

Where certificate does not apply

(5)  A certificate issued under this section does not apply to exempt,

(a) an operator who is in contravention of any condition set out in the certificate;

(b) a driver who is in contravention of any condition set out in the certificate or who is in contravention of subsection (7); or

(c) an operator for whom a driver referred to in clause (b) is working. R.S.O. 1990, c. H.8, s. 191 (5).

Duration

(6)  A certificate is valid during the period set out therein, which period shall not exceed twelve months. R.S.O. 1990, c. H.8, s. 191 (6).

Certificate to be produced for inspection

(7)  A driver claiming an exemption under a certificate issued under this section shall carry the certificate or a true copy thereof and produce the certificate or copy for inspection upon the demand of a police officer or an officer appointed for the purpose of carrying out the provisions of this Act. R.S.O. 1990, c. H.8, s. 191 (7).

Contracts of carriage

191.0.1  (1)  Every contract of carriage for a person to carry the goods of another person by commercial motor vehicle for compensation shall contain the information required by the regulations and shall be deemed to include the terms and conditions set out in the regulations. 2002, c. 18, Sched. P, s. 34.

Deemed terms where no contract of carriage

(2)  Where a person is hired for compensation to carry the goods of another person by commercial motor vehicle in circumstances where no contract of carriage has been entered into, then a contract of carriage shall be deemed to have been entered into, and the terms and conditions of the deemed contract of carriage shall be as set out in, and shall apply to such persons as are set out in, the regulations. 2002, c. 18, Sched. P, s. 34.

Money for contract of carriage held in trust

(3)  A person who arranges with an operator to carry the goods of another person, for compensation and by commercial motor vehicle, shall hold any money received from the consignor or consignee of the goods in respect of the compensation owed to the operator in a trust account in trust for the operator until the money is paid to the operator. 2002, c. 18, Sched. P, s. 34.

Other rights unaffected

(4)  Nothing in subsection (3) derogates from the contractual or other legal rights of the consignor, the consignee, the operator or the person who arranged for the carriage of the goods with respect to the money that is held in trust under that subsection. 2002, c. 18, Sched. P, s. 34.

Regulations

(5)  The Lieutenant Governor in Council may make regulations,

(a) prescribing the information to be contained in contracts of carriage;

(b) prescribing the terms and conditions deemed to be included in every contract of carriage;

(c) prescribing the terms and conditions deemed to be included in a deemed contract of carriage and the persons to which they apply. 2002, c. 18, Sched. P, s. 34.

Same

(6)  A regulation made under subsection (5) may provide that it applies differently to different classes of contracts of carriage, to different classes of persons or in respect of different classes of goods. 2002, c. 18, Sched. P, s. 34.

Definitions

(7)  In this section,

“compensation” includes any rate, remuneration, reimbursement or reward of any kind paid, payable or promised, or received or demanded, directly or indirectly; (“rémunération”)

“goods” includes all classes of materials, wares and merchandise and livestock. (“biens”) 2002, c. 18, Sched. P, s. 34.


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