Ignorance is an unacceptable defence in the eyes of the court. So while you’re travelling this holiday season, our Legal Action paralegals wish to inform you of a commonly unknown traffic law that can cost you up to $2,000 and 3 demerit points for your first offence.

In April 2003, the Ontario government amended Bill 191, the Highway Traffic Act (Emergency Vehicle Safety) in response to the tragic deaths of four police officers within several years.

From the Government of Ontario press release:

“Many motorists don’t recognize the high risk front-line police officers can face during routine traffic stops,” Brian Adkin, president of the Ontario Provincial Police Association, said. “We don’t necessarily think of pulling off to the side of the highway to issue a speeding ticket or to investigate an accident as a dangerous part of an officer’s job. This legislation is critical to our members’ safety. It speaks to the commitment that the government has for front-line emergency personnel.”

The legislation requires motorists to slow down and proceed with caution when travelling on all highways in the same direction as a stopped emergency vehicle with it’s red lights flashing. When approaching such a vehicle, if the highway has two or more lanes and if it can be done safely, the driver must change lanes farthest from the emergency vehicle.

In all circumstances, drivers must take into consideration traffic and weather conditions when taking the appropriate action.

The amendment applies to all stopped vehicles (excluding school buses) with flashing red lights:

• ambulance
• fire
• police
• public utility emergency vehicles
• ministries of transportation, natural resources and environment

Those convicted of disobeying the law can expect to be dealt with severely:

1st offence: the fine will be not less than $400 and not more than $2,000.
2nd & subsequent convictions: the fine is a minimum of $1,000 to a maximum of $4,000, six months in jail or both a fine and jail sentence.
All convictions: will result in the addition of three demerit points to a driver’s record. The court can also suspend a motorist’s driver’s licence for up to two years.

Armed with this knowledge, Ontario drivers can confidently pass parked emergency vehicles and, in the process, possibly save lives, their pocketbooks and their driving records.

If you’ve been unfortunate enough to have been caught unaware of this law and issued a traffic ticket, contact our team of paralegals for a free consultation.