Parking on roadway - Section 170

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Parking on roadway - Section 170

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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).


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