Hello experts –

Have a question in regard to a ticket that was issued to one of my family members. Situation is that she was reversing from a private driveway and stuck a parked car. Police attended the scene as the damage to the other car was quite significant. The police officer took a report of the damage and issued a ticket under s.139 of the Highway Traffic Act. In reviewing the case, I dont believe that the officer issued the correct charge, however Im not sure if I am reading the section properly.

S.139 states that drivers must yield to "all traffic approaching on the highway" when reversing from a private road or driveway. Would a parked car count as "all traffic approaching"? I question this as the car was parked and not "approaching".

Id suspect careless driving would be the correct charge however Im looking to confirm prior to her submitting a request for a trial.

Thanks in advance for any help you may provide.

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).

Theres been some discussion on this very topic before. For what its worth I think the general consensus was that charge wouldnt apply when dealing with parked vehicles and/or stationary objects. Im not sure if theres any applicable case law.

Short of careless driving, I think the more appropriate charge would be start from stop not in safety under section 142(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

...assuming the area where the driveway adjoins the roadway would meet the definition of highway

highway includes a common and public highway, street, avenue, parkway, driveway, square, place, bridge, viaduct or trestle, any part of which is intended for or used by the general public for the passage of vehicles and includes the area between the lateral property lines thereof