shmeli wrote: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.
(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.
(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.
(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.
DriverÃ¢Â€Â™s licence suspension
(6) If a person is convicted of an offence under subsection (4), the court may make an order suspending the personÃ¢Â€Â™s driverÃ¢Â€Â™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
(8) 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.
(9) In this section,
Ã¢Â€Âœemergency vehicleÃ¢Â€Â means a vehicle described in subsection 62 (15.1), except that it does not include a school bus. 2002
Apparently an emergency vehicle operator is entitled to protection but a regular Jane or Joe driver stopped on the shoulder is not. Even a school bus filled with kids is not provided any protection under this section.
Section 159 violates s. 15 of the Charter.
Section 15 does only apply to the listed class of groups.
15. (1) Every individual is equal before and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age or mental or physical disability.
The cops abuse this provision as a money maker. They use entrapment to nail drivers. They will park on the shoulder for no reason at all, other than to attempt to nail you for this offence. If a cop has time to chase you and pull you over to issue you a ticket then why was he stopped there in the first place?
Section 159(3) expressly states;
Ã¢Â€ÂœNothing 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.Ã¢Â€Â
If a driver is already driving at less than the normal speed of traffic, s. 147 Ã¢Â€ÂœrequiresÃ¢Â€Â
you by law to remain in the right hand lane. The lawful listed exceptions to this law do not include s. 159.
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).
(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).
Section 154(c) also "requires"
you by law to obey the law. An exception is provided, s. 141. Section 159 is not an exception therefore you cannot be convicted under s 159.
Where highway divided into lanes
154. (1) Where a highway has been divided into clearly marked lanes for traffic,
(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).
(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).
Section 170 prohibits a driver from stopping on a roadway, thus s. 159(3) is of no force and effect because stopping is prohibited by law.
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
"Roadway," "highway" and "stop" are defined under s. 1(1) of the HTA.
Ã¢Â€ÂœroadwayÃ¢Â€Â means the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and, where a highway includes two or more separate roadways, the term Ã¢Â€ÂœroadwayÃ¢Â€Â refers to any one roadway separately and not to all of the roadways collectively; (Ã¢Â€ÂœchaussÃƒÂ©eÃ¢Â€Â)
Ã¢Â€ÂœhighwayÃ¢Â€Â 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; (Ã¢Â€Âœvoie publiqueÃ¢Â€Â)
Ã¢Â€ÂœstopÃ¢Â€Â or Ã¢Â€ÂœstoppingÃ¢Â€Â, when prohibited, means the halting of a vehicle, even momentarily, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or of a traffic control sign or signal; (Ã¢Â€ÂœarrÃƒÂªtÃ¢Â€Â)
Moreover, this is an absolute liability offence. It contains a term of imprisonment for a second offence. The term of imprisonment is unconstitutional as it violates s. 7 of the Charter and is of no force and effect as mandated by s. 52 of the Constitution Act 1982.
B.C. Motor Vehicle Act,  2 S.C.R. 486
http://csc.lexum.umontreal.ca/en/1985/1 ... 2-486.html