It’s one of those weekends again. The OPP will be performing a traffic blitz this weekend targeting the Move Over law. Last year over 2100 people received charges for failing to move over.
Move Over Law
This law is covered in section 159 of the HTA. It reads:
(1) The driver of a vehicle, upon the approach of a police department vehicle with its bell or siren sounding or with its lamp producing intermittent flashes of red light or red and blue light, or upon the approach of an ambulance, fire department vehicle or public utility emergency vehicle with its bell or siren sounding or its lamp producing intermittent flashes of red light, shall immediately bring such vehicle to a standstill,
(a) as near as is practicable to the right-hand curb or edge of the roadway and parallel therewith and clear of any intersection; or
(b) when on a roadway having more than two lanes for traffic and designated for the use of one-way traffic, as near as is practicable to the nearest curb or edge of the roadway and parallel therewith and clear of any intersection. 2009, c. 5, s. 49.
As this section reads, you must stop and pull over for an emergency vehicle coming behind you or approaching you from any direction. This includes emergency vehicles such as police vehicles, ambulances, fire trucks, but NOT tow trucks.
However, if you come across an emergency vehicle with their lights flashing – including police vehicles, ambulances, fire trucks, AND tow trucks on the highway, you must slow down and move over as safely as possible. Basically, the Move Over law means if you can move over, you must do so. If you can’t, you must slow down.This applies if the emergency vehicle is on the side of the road, or you come upon it in traffic:
(2) Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red light or red and blue light or a tow truck with its lamp producing intermittent flashes of amber 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 tow truck or endanger any person outside of the emergency vehicle or tow truck. 2015, c. 14, s. 47.
(3) Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red light or red and blue light or a tow truck with its lamp producing intermittent flashes of amber 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 or tow truck is stopped, the driver of a vehicle travelling in the same lane that the emergency vehicle or tow truck is stopped in or in a lane that is adjacent to the emergency vehicle or tow truck, in addition to slowing down and proceeding with caution as required by subsection (2), shall move into another lane if the movement can be made safely. 2015, c. 14, s. 47.
If you fail to adhere to the move over law, you can receive a fine from $400 – $2000 AND 3 demerit points for a first offence.
If you get caught a second time, you can receive fines from $1000 – $4000 and jail time.
Police will also be targeting people for safe boating practices, you can read more about those in one of our previous blog posts. This long weekend stay alert and pay attention, move over safely when you see an emergency vehicle. In addition to the Move Over law and boating practices, police will also be looking for drinking and driving, aggressive driving, seat belts and of course, distracted driving. Drive safely so you can avoid getting a ticket. But if you do…
Every situation is different. Remember you have a right to fight your ticket. At Bulwark Legal Services we provide free consultations. You can go to our website and send us a copy of your ticket. We will help you decide the right course of action to take.
