Fail To Move Over Ticket Manitoba

What is the Slow Down, Move Over law in Manitoba?

When you’re driving in Manitoba and see flashing lights ahead, the law requires you to take extra care. Manitoba’s Slow Down, Move Over rules are designed to protect the people who work on or beside our roads every day. Here’s what you need to know about the move over law.

Who does the move over law apply to?

The law applies when you’re approaching certain types of vehicles that are stopped on the road or shoulder and doing their job. These include:

• Emergency vehicles (police vehicles, fire department vehicles, and ambulances).
• Roadside assistance vehicles, such as tow trucks and other vehicles used to remove damaged, disabled, or inoperable vehicles from the highway (either by towing or loading and carrying them away).
• Service vehicles that provide minor roadside repairs (battery boosts, tire changes and repairs, or unlocking vehicles).
• Certain government enforcement vehicles.
• Other vehicles prescribed by regulation (for example, future classes of service or enforcement vehicles that the government may add over time).

These vehicles are covered when stopped on the highway and actively engaged in roadside assistance, enforcement, or other officially prescribed activities.

How do you know when to slow down and move over?

You must follow the Slow Down, Move Over rules when you are approaching an emergency vehicle with its emergency flashing lights turned on, or a designated vehicle that is, according to the law and regulations, using its emergency lamps or other approved warning lights and temporary traffic control devices or other warning/safety signs or equipment, if they’re required in that situation. 

If you see flashing lights and warning signs on the roadside from police, fire, ambulance, tow trucks, or other approved service vehicles, the law expects you to respond – slow down, and move over.

Your legal duty as a driver

When you approach one of these vehicles in these circumstances, you must take specific safety precautions. The details of those precautions (such as how much to slow down and when to change lanes) are set out in other parts of the law, but the key idea is simple:

If there are flashing emergency or warning lights and roadside work is happening, you must drive in a way that protects the people working there.

This means adjusting your speed, your position on the road, and your level of attention so that you pass by safely and give workers as much space as reasonably possible.

What is a failure to move over ticket?

This conviction is found under section 109.1(1) in the Manitoba Highway Traffic Act. It explains that when approaching an emergency or designated vehicle with its lights activated, the driver must reduce speed and proceed with caution. 

If the posted speed limit is less than 80 km/h, the driver is required to slow down to 40 km/h. If the posted speed limit is 80 km/h or higher, the driver must slow down to 60 km/h. 

The driver must not exceed these reduced speeds until they have passed the emergency or designated vehicle, must proceed carefully to avoid any collision or endangering any person outside the vehicle, and may only pass the emergency or designated vehicle when it is safe to do so.

What is the fine for failure to move over in Manitoba?

The fine for failing to move over for emergency vehicles in Manitoba is $300 and two demerit points. Penalties can increase up to $2,000 and/or a one-year driver’s licence suspension imposed by a judge. 

If you are caught driving faster than the reduced speed limits, you will face a fine and move down the Driver Safety Rating scale and see an insurance rate increase.

What to do when you approach an emergency vehicle

When you approach an emergency vehicle (ambulance, fire truck, police car, tow truck, or designated enforcement vehicle) with lights flashing and/or siren sounding, you must:

1. Yield the right of way.

2. If you are in an intersection and blocking its path:

Carefully proceed through the red light or stop sign, if necessary and safe, to clear the way.

3. If you are not in an intersection:

• Signal and move your vehicle as close as possible to the right curb or edge of the roadway.
• Come to a complete stop.

4. If the emergency or enforcement vehicle is stopped on the roadside with lights flashing:

• Move over: If it is safe, change lanes so there is at least one empty lane between your vehicle and the stopped vehicle.
• Slow down: If the speed limit is high, reduce your speed significantly and drive with extra caution. If the speed limit is lower, slow down even further and be prepared to stop if needed.

5. Remain stopped at the edge of the road until the emergency vehicle has passed, and it is clearly safe to rejoin traffic.

Always use extra caution, watch for emergency personnel on or near the roadway, and never follow or attempt to pass a moving emergency vehicle that is using its lights and siren unless directed to do so.

How to fight a fail to move over ticket in Manitoba

Failure to move-over tickets in Manitoba can be costly and have lasting effects on your licence and insurance. If you’ve been charged with failing to move over for an emergency, tow, or designated safety vehicle, you still have options. 

Knowing the law, the penalties, and how to dispute the ticket can help you protect your record. Below is a step-by-step guide to fighting a move over ticket in Manitoba and how JUSTICEJOLT traffic lawyers and court agents can assist.

Step 1: Request a hearing 

To dispute a failure to move over ticket, you must contact the Provincial Offences Court within the response period indicated on your ticket. 

In Winnipeg, call 204‑945‑3156; outside Winnipeg, call 1‑800‑282‑8069. When you call, you will be scheduling a dispute hearing date. Missing this response deadline can limit or eliminate your ability to fight the ticket.

Step 2: Plead not guilty

By requesting a hearing, you are effectively entering a plea of “not guilty.” This gives you the opportunity to challenge the charge and present your side of the story. 

At the hearing, you can provide evidence such as dashcam footage, photographs, or witness testimony explaining why it was not safe or reasonably possible for you to move over, or demonstrating that you did, in fact, slow down appropriately.

Step 3: Consider a guilty plea with explanation 

If you technically broke the rule but had valid reasons (for example, heavy traffic made it unsafe to change lanes) you may choose to plead guilty with an explanation. In that case, you can contact the court to speak with a justice and ask for a reduced fine. While this will still result in a conviction, you may be able to lessen the financial impact.

Step 4: Understand the Move Over Law

In Manitoba, drivers are required to slow down and, where possible, move into a farther lane when approaching emergency vehicles, tow trucks, or designated safety vehicles with their lights flashing. 

If the posted speed limit is 80 km/h or higher, you must slow to 70 km/h. If the speed limit is under 80 km/h, you must slow to 40 km/h. The law also includes an important qualifier: you must move over only if it is safe to do so. This safety exception can be critical to your defence.

Step 5: Rely on the safety exception where appropriate 

If it was not safe to move over because of traffic, weather, road conditions, or other hazards, this may form the basis of your defence. You will need to show that changing lanes would have created a greater risk, even though you complied with the requirement to slow down. 

However, it is important to remember that even if you cannot move over safely, you are still legally required to reduce your speed as specified by the law.

Step 6: Gather and present evidence 

Strong evidence is essential when fighting a move over ticket. Dashcam footage is often among the most persuasive forms of evidence, as it can show your speed, traffic conditions, and whether it was possible to move over safely. 

Additional evidence can include witness statements from passengers or other drivers, photos of the roadway, and any documentation of weather or visibility conditions at the time of the incident.

Step 7: Be aware of the consequences 

A conviction for failing to move over typically results in a fine of $300–$2,000, a one-year licence suspension, and 2 demerit points. These demerits affect your Driver Safety Rating with Manitoba Public Insurance and can increase your insurance premiums. Knowing this can help you decide whether to contest the ticket or seek a negotiated outcome.

Step 8: Consider professional help 

Failure to move over tickets involves detailed legal and factual issues, including speed, lane position, visibility, and traffic conditions. A traffic lawyer or court agent can review the evidence, identify weaknesses in the prosecution’s case, and represent you at the hearing. 

Professional representation can significantly improve your chances of reducing the fine, avoiding demerits, or having the charge dismissed altogether.

If you have received a failure to move over ticket in Manitoba, taking prompt, informed action is key. By understanding your rights, collecting strong evidence, and seeking legal advice where appropriate, you can give yourself the best chance of protecting your licence and your insurance.

Fight a failure to move over ticket in Mantioba with the traffic law experts at JUSTICEJOLT

If you’re fighting a fail-to-move-over ticket in Manitoba, working with JUSTICEJOLT® and traffic lawyers can be highly beneficial. 

We know Manitoba traffic law and local court expectations, manage your case from filing to resolution so you don’t miss deadlines, appear in court and deal with prosecutors for you, and often achieve reduced penalties with less impact on your record and insurance.