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Heads up for Ontario Drivers

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Old Mar 5, 2008 | 01:34 PM
  #1  
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Exclamation Heads up for Ontario Drivers

Original Post here:

http://g35driver.com/forums/showthread.php?t=207131

This was passed along to me from a friend, the OP is near Ottawa....
I usually move over a lane anyway, but didn't know the law re this.

I just had an experience which I hope you will share.

I was driving on the 417 West at Panmure at broad daylight at 2 p.m.,
when I came upon two police cruisers who had pulled over a third
vehicle. I slowed down to be cautious, and was surprised when the second cruiser pulled out and pulled me over.

Approaching on the passenger side, the officer asked if I knew why I
had been pulled over. I honestly expressed that I had no idea.

He informed me that Ontario law now states that when approaching any
emergency vehicle, on the roadside, with lights flashing, you must enter
the left lane. He then proceeded to ticket me, giving three demerits and
issuing a fine of , wait for it, . . . $490! (Yes, I'm choking as I type that.)

I realize I did not change lanes, but I do believe I was cautious. My
message is, be careful. He said that they are cracking down hard on this
because of three injured officers in the last ten days.
I did not realize this was the law. Neither did any of my recently-licensed
children. Or, evidently, not the 47 drivers (I counted) who broke the same
law as I sat waiting to receive my ticket!
__________________________________________________ _________________
Read the actual Law below:
Below is the the excerpt from the Ontario Highway Traffic Act. relating to this offence. It is under section 159.1 (1), (2), (3),(4),(5).


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.
Same
(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.
Same
(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.
Offence
(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
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Old Mar 5, 2008 | 01:59 PM
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Stupid laws like this are easy to get thrown out in court.

There is NO law stating you MUST switch lanes, only switch if it can be done safely.

While I do agree you should switch lanes if you can, im not risking my life pulling some stupid maneuver. Maybe this will make cops think twice before pulling people over for nonsense and overtime bonuses.
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Old Mar 5, 2008 | 02:08 PM
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that's exactly what the law says:

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
But i figured i'd pass along the info, since this is the first time i've heard of a law like this.
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Old Mar 5, 2008 | 02:18 PM
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good to see it in the flesh...I've heard about it after those incidents but I figured it was people who were still driving by fast.

maybe this part : in addition to slowing down and proceeding with caution as required by subsection

they expect you to slow down to turtle speed and proceed with caution. I wonder how fast the OP was going though...maybe over 60 could be deemed excessive in that case with emergency vehicle/cops pulled over to the side - and them walking all over the place.
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Old Mar 5, 2008 | 03:51 PM
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I hope he fought it, dont matter if its a law, just fight it anyways, most likely he would get off or at least some sort of reduction.

thats a BS law.
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Old Mar 5, 2008 | 07:11 PM
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Originally Posted by bender
Stupid laws like this are easy to get thrown out in court.

There is NO law stating you MUST switch lanes, only switch if it can be done safely.

While I do agree you should switch lanes if you can, im not risking my life pulling some stupid maneuver. Maybe this will make cops think twice before pulling people over for nonsense and overtime bonuses.
I don't really consider this law stupid. We have the same thing in North Carolina. They are just trying to create a sense of safety for officers.

As for the fine, yeah that blows but if the OP did slow down and was cautious, I don't understand why the cop was such a hard *** about it.
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Old Mar 5, 2008 | 08:36 PM
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Originally Posted by App6MT
I don't really consider this law stupid. We have the same thing in North Carolina. They are just trying to create a sense of safety for officers.

As for the fine, yeah that blows but if the OP did slow down and was cautious, I don't understand why the cop was such a hard *** about it.
You're right, the way I said it was not what I meant though. The law does serve a purpose, but as usual, the way it's enforced is a joke and stupid. The law was meant to keep officers safe, not so cops can park on the side of the highway right before rush hour pulling people over. I don't even know how at that place and time that most drivers are able to switch lanes safely. They have every right to stay in that right lane if it's not possible to move. Why aren't they doing this when the roads are empty when someone would simply deserve the ticket? It's because this way they can pull over 30+ people in an hour and earn overtime for showing up to court. It's entrapment and not how our laws were meant to be enforced.

I always move over a lane and slow down. If the roads are empty, i'll even move into opposite lane ontop of the extra lane. But if a cop pulled me over on the highway during a busy time where making such a move would be dangerous to myself, i'd be pissed off too. Especially when they do that crap they do where they direct people to park on the side in lineups of 10

Last edited by bender; Mar 5, 2008 at 08:54 PM.
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Old Mar 6, 2008 | 12:42 AM
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i'm pretty sure that the people charged under this law had the opportunity to safely move over when they passed the emergency vehicle. thus far, i haven't read of any stories where someone was stopped in rush hour, stop-and-go traffic, so i really don't think cops are baiting people out to fill quotas.

what i do think is happening however is that the OPP is trying to make the public more aware of laws such as this one by cracking down on it without warnings. the vast consensus in responses from the public has been one of ignorance (the "i didn't know this law existed" excuse) which holds no legal value of course and is unfortunate at best.

i personally think this is a good law and would love to see cops crack down on similar laws designed to keep not just emergency workers safe, but also the general public and other drivers. i see people running red lights when making a left turn, driving well below speed limit in the passing lane, using the right turn lane as a passing lane just to save that extra 10 seconds, but puts others at risk.

going a bit off topic, but our driver's licensing system is a complete joke and is too lenient and not stringent enough on new and existing drivers. i see far too many people on the road who are either ignorant of general road rules (like not yielding to the right), or can't even negotiate simple maneuvers w/o putting other people at risk. if i had a nickel every time i saw someone on the road doing something stupid, i'd own a ferrari right now
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