Correction for posting, is this law 6 years old

thehun1 · Joined: 23 Feb 2008 Posts: 2

I'm doing some correction, i was little bit upset! new law pass in highway traffic act ;requires motorists when approching a police ,fire or ambulance vehicle stopped with its red lights flashing in same direction of travel, either in a lane or on the shoulder of the road , to slow down and pass with caution. if the road has two or more lanes . the motorist must move over into another lanes. the motorist must move over into another lane , if it can be done safely. well i did not know this so i was on the 401east from london to woodstock , i was in right lane ,there was tractortrailer in front of me he pulled into the middle lane. I noticed police cars with flashing lights ,there was 4 police car .Who had pulled over a pick-up with a trailer with snowmoibles on shoulder of the road , I slowed down but still in far right lane and there was cars and trucks in middle lane. i passed the police , than down a bit i notice that one of police car came after me and pulled me over , he ask me why i did not pull into the middle lane when passing the police with flashing lights on . i told him i did not know about that , he said in rude voice that it been law for 6 years. he went back to his car with my insurance slip ownship and drivers license. i notice 5 car passing me on right far lane . then i seen another police car pull someone over for same reason right in front of me. i got a ticket for 490.00. it was a trap because how often do you see 4 police car who have pull on car over. I tried to explain to police officer i did not know about this law again but he said it was mail out in my drivers renew , i never seen it . i like the law and if i know about it , i would have done it no problems. i wonder how many other were fine today on 401. i had total of 7 car passing me while i was pulled over by the police.in the wrong lane . . because i know i can not afford the fine of 490 and it to late for me but it may save someone else . and it the law . I really did not know about this law . can anyone help me with this here is some questions 1 did anyone receive any information in the mail.2 has anyone fought this in court and won. 3 anyone one know who could help me deal with this .4 tell me how old this law is . the pamplet the officer gave me said on the top new law but he wrote in pen 6 yearsover it . i have asked 20 people today and all 20 did not know that it was law or even heard about this . everyone know about the new racing law , it was over the news for weeks. so if you can help me i would love to hear from you and i'm thinking of going to court and fight this . let me know what you think about this .thanks

khunter · Joined: 04 Apr 2008 Posts: 1

I had the exact same experience yesterday. I had just gotten on to the 401 (just 4 lane, outside of Deseronto) and saw a police car with lights flashing at side of highway (well off to the side) far ahead of me. I wasn't even up to 100 km/hr so I stayed at slow speed not knowing what was going on. As I approached closer I saw a car in front of the cruiser pull away so I kept going at slow speed. As I approached closer, and before I actually got to his car, he waved me over to the side. I had no idea what for.

He then told me this was a well publicized law, although he said it was new within the last year. I said it was not something I had ever heard of but he gave me the same $490 ticket. I would also be interested in finding out just how long this rule has been on the books

David Chatten · Joined: 03 Apr 2008 Posts: 15 Location: Belleville, ON

Yeah, the law is new, but they are hammering down on drivers in the Ontario region. In Napanee or Belleville where your court date will be, depending on exactly where you were pulled over, you may wish to negotiate to a lessor charge. Some agents in that area have had success arguing Disobey Sign, and the sign being the emergency lights. You should at least challenge the ticket as it does carry 3 demerit points plus the fine.
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pardnme · Joined: 14 Apr 2008 Posts: 3

my father also got caught in one of these blitz on the 400...

he dindt know about the law, but he always changes lanes....

but it gets hard to change lanes, when you are already slowing down because you see flashing lights on the side....plus there is traffic...

we mailed in the ticket...

has anybody fought it yet?

shmeli · Joined: 15 Apr 2008 Posts: 12

Makes no sense. They want to be safer on the side of the road by making other people jump up a lane endangering others! Slowing down should be enough, using extra caution should be enough. I would simply stand up in court ant say "I did not consider changing lanes safe, so I slowed down as required by law". And let them prove that it was in fact safe to change lanes but u didn't. Who is to decide whats safe and whats not for yourself and where is it clearly defined in the HTA??

Possible questions to officeer:
- What was the distance to the emergency vehicle when the defendent first saw it or could clearly see it? Remember 100km/hr is 27.7 m/sec Calculate how many seconds you had to check if lane next to you is empty and to make a change.
- Were there cars in the next lane beside the defendents car?

Reflections · Joined: 11 Apr 2008 Posts: 42

shmeli · Joined: 15 Apr 2008 Posts: 12

By the way the law is in fact 6 years old - whatever that means "2002, c. 21, s. 1; 2007, c. 13, s. 20.":

Approaching stopped emergency vehicle

159.1 (1) 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. 2002, c. 21, s. 1; 2007, c. 13, s. 20.

Same

(2) Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red 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 (1), shall move into another lane if the movement can be made in safety. 2002, c. 21, s. 1.

Same

(3) Nothing in subsection (1) or (2) 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. 2002, c. 21, s. 1.

Offence

(4) Every person who contravenes subsection (1) or (2) 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. 2002, c. 21, s. 1.

Time limit for subsequent offence

(5) An offence referred to in subsection (4) committed more than five years after a previous conviction for an offence referred to in subsection (4) is not a subsequent offence for the purpose of clause (4) (b). 2002, c. 21, s. 1.

Driver’s licence suspension

(6) If a person is convicted of an offence under subsection (4), the court may make an order suspending the person’s driver’s licence for a period of not more than two years. 2002, c. 21, s. 1.

Appeal of suspension

(7) An appeal may be taken from an order under subsection (6) or a decision to not make the order in the same manner as from a conviction or an acquittal under subsection (4). 2002, c. 21, s. 1.

Stay of order on appeal

( Cool

Where an appeal is taken under subsection (7) from an order under subsection (6), 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. 2002, c. 21, s. 1.

Definition

(9) In this section,

“emergency vehicle” means a vehicle described in subsection 62 (15.1), except that it does not include a school bus. 2002

hwybear · Posted: Tue Apr 22, 2008 7:41 am Post subject:

This IS my biggest concern of mine of all HTA violations. This affects my coworkers and my life daily!

Drivers NOT moving over for stopped police vehicles!

This law (Bill 191 2002) has been in effect since 09 December 2002.

Given the technology and advancement of the lighting on cruisers. The OPP cars have LED lights and are visible for at least 1km, if not farther. On an odd occasion there might be 500m visibility due to a curve on a 400 series highway.

There is no reason a motorist can not see us, and move over to another lane, this is not dangerous at all as someone mentioned, you have 1km (35 seconds) to do so. If not slow down. By slow down, go below the posted speed limit.

Too many police have been hit on the highways sitting and that is why the law got passed.

If you don't agree....think of your office chair 1-3 feet away from a vehicle travelling so close, so fast and see how you feel? The big heavy cruiser (my office chair) routinely shakes when motorists don't move over.

Further, back to the ole common courtesy thing again, anything on the shoulder, why not move away from the vehicle on the shoulder, it is good defensive driving, what if a child gets away from their parent and runs from in front of the vehicle OR when a driver is changing a tire and stumbles or falls backward onto the lane..... at least you have that extra lane to react.

Honestly, it won't kill you to move over OR slow down for 60 seconds until you are passed the location of the stopped vehicle on the shoulder!
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The above noted material is NOT legal advice, it is an opinion only!