Section 159(2) and (3) - Failing to slow down when passing a stopped emergency vehicle.
dwhitton
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Fire Truck Sitting In Station Driveway Motionless

by: dwhitton on

Hi,


Just wondering if this will come back to haunt me since I think they got my license plate.


Driving along today (Easter Sunday) very quiet 4 lane with centre turning lane road, I was in the left lane furthest from the curb. When the station came into view (approx. 350m away on same side of road as travel) there was a fire truck sitting in the station driveway motionless, with emergency lights on. It didn't move for the 24 seconds it took me to reach the driveway at 50kmph (posted 60). When I was about 30m away the fire truck suddenly pulled out in front of me, I swerved into the center lane to avoid the turning truck, and they blew their horn at me as I passed in front. As I approached I was watching the driver, who had his head down then looked to the passenger, then they came out of the driveway.


I was thinking they were testing the lights on such a quiet day, since they didn't move for 20+ seconds. I now think that they exited the station, looked and saw that the highway was empty, checked their maps or GPS to view the route, never thought to look to the left and see that I was now there, and took off out of the driveway. I appeared to startle them as I swerved into the center lane to avoid their exit, hence the blast from the horn. The roads were wet and at freezing.


I'm assuming they (emergency vehicle operators) have a responsibility to look both ways like all drivers on the highways, and not to assume that people will stop when needed. I followed the Highway Traffic act by slowing down (from 60 to 50kmph) and moving to the lane furthest from them, even though they weren't on the road itself but in a driveway.


Thoughts? Because I think its 3 demerits and a $400 up to $2000 fine.


Thanks

dwhitton
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by: dwhitton on

Please read the whole post. I did slow down (posted 60, I slowed to 50). I did move to the lane furthest away from the curb (far left lane on a 4 lane road), and the fire truck was sitting stationary, motionless, in their fire station parking lot (not on the side of the road) for over 24 seconds as I approached them, before starting to move as I was driving by.

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by: Radar Identified on

Seeing as how you said he was stationary for 20 seconds and you hadn't seen any movement, you may have a defence, depending on how sympathetic the JP is. Since you kept driving, the Prosecutor will argue that you should have stopped completely instead, and made sure the truck was not going to move, e.g. make eye contact with the driver of the fire truck. So be prepared for that, if you go to trial on it.


The firefighters are required to make reasonably sure they won't cause a collision when entering the road; they can't just pull out in front of you. On the flip side, you're required to stop before you reach the station and make sure that the truck is not about to enter the roadway, even if it is stopped momentarily.


Having said all of that, I don't think you will get a ticket.

* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca
Bobert
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by: Bobert on

OPS Copper wrote:Um you saw the emergency vehicle wit h their lights on You did not slow or move to another lane. In your words swerved to avoid.


That pretty much is the facts in issue of the charge.


Ops


Reading your reply makes me wonder if you care to do the job of defence for people? You sound like a prosecutor with a yup your guilty verdict and there's no hope for you. I bet OJ is glad you weren't on his defence team! lol

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