Fines & Penalties For Unsafe Move Or Driving On The Shoulder In Ontario

This law requires drivers to ensure their safety before switching lanes or moving onto the shoulder. Violations of this regulation, such as abrupt lane changes without signalling or crossing solid lines, can result in significant penalties and fines, including 3 demerit points, a $110 fine, and potential increases in insurance rates.

Explore the details of Unsafe Move Lane or Shoulder tickets, the potential consequences of such infractions, and how JUSTICEJOLT traffic lawyers and paralegals can assist you in fighting these charges if you find yourself facing an unsafe move ticket.

What Are Unsafe Moves While Driving?

Safe driving is vital for road safety, yet many drivers commit dangerous lane-changing mistakes that can lead to accidents. Being aware of these common improper driving pitfalls is important for protecting all road users and keeping your record clean. Under the HTA, here are driving behaviours can be considered unsafe:

• Changing Lanes Without Signalling: Neglecting to use turn signals before switching lanes creates confusion among other drivers and compromises road safety.
• Changing Lanes Over Solid Lines: Illegally crossing a solid line to change lanes, or making an improper left/right turn, not only violates traffic laws but also endangers all road users.
• Abrupt or Reckless Lane Changes: Making sudden, unpredictable lane changes without considering surrounding vehicles can lead to hazardous situations and accidents and may be seen as dangerous or careless driving, depending on the circumstances.
• Changing Lanes Near Intersections: Attempting to change lanes too close to an intersection can confuse other motorists and increase the risk of collisions.
• Improper Use of the Shoulder: Using the shoulder of the road for unauthorized maneuvers, such as passing slower vehicles, is not only illegal but also dangerous.
• Disrupting Traffic Flow: Making erratic or hasty lane changes can disrupt the smooth flow of traffic, leading to frustration for other drivers and potential traffic jams.
• Failing to Yield Right-of-Way: Failing to yield to other drivers when changing lanes can lead to dangerous encounters and violate road etiquette.

Unsafe Move – Lane or Shoulder Ticket Under The Highway Traffic Act

Two sections of the Highway Traffic Act pertain to unsafe lane change charges: Section 142(1) and Section 154(1).

The wording on your ticket will differ depending on the specific charge. A ticket issued under section 142 (1) will typically state, “Change Lane – Not in Safety.” In contrast, a ticket issued under Section 154(1) will usually read: “Unsafe Move – Lane or Shoulder.”

Signal for a left or right turn legislation

142(1) The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety, and if the operation of any other vehicle may be affected by the movement shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement.  R.S.O. 1990, c. H.8, s. 142 (1).

Where the highway is divided into lanes

154(1) Where a highway has been divided into clearly marked lanes for traffic,

(a) a vehicle shall not be driven from one lane to another lane or to the shoulder or from the shoulder to a lane unless the driver first ascertains that it can be done safely;

(b) in the case of a highway that is divided into three lanes, a vehicle shall not be driven in the centre lane except when overtaking and passing another vehicle where the roadway is clearly visible and the centre lane is clear of traffic within a reasonable safe distance, or in preparation for a left turn, or where the centre lane is at the time designated for the use of traffic moving in the direction in which the vehicle is proceeding and official signs are erected to indicate the designation;

(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); 2015, c. 14, s. 45.

Driving On The Shoulder Fines And Penalties In Ontario

When it comes to unsafe driving maneuvers, particularly those involving lane changes or moving onto or off the road shoulder, the penalties can be significant. According to the HTA, if a driver is ticketed for an unsafe move, they may face the following consequences:

• A fine of $110, which serves as a financial deterrent against unsafe driving practices.
• 3 demerit points are added to the driver’s record, which can impact their driving status and lead to further penalties if accumulated.
• The violation may result in higher insurance premiums, reflecting the insurer’s view of the increased risk associated with unsafe driving behaviour.

Is Driving On The Shoulder Illegal? 

Under Section 154.1(a) of the Highway Traffic Act, driving on the shoulder of the road is generally illegal, as it is designated for emergencies and vehicles to pull over rather than for regular travel or passing.

In Ontario, it is illegal to drive on the shoulder, with a notable exception that allows for passing a left-turning vehicle on a paved shoulder. The general rule is that shoulder use is restricted to emergencies, breakdowns, or to facilitate the passage of emergency vehicles, underscoring the importance of keeping shoulders clear for safety purposes.

According to the MTO, you may drive on the right shoulder only to pass a vehicle that is turning left, and only if the shoulder is paved. Passing on the left shoulder is not allowed, whether the road is paved or not.

How Many Demerit Points For Driving On The Shoulder Of A Roadway? 

If you are caught driving on the shoulder of the roadway in Ontario, you will receive three demerit points.

How To Fight An Unsafe Lane Change Ticket

Receiving an unsafe lane change ticket can feel overwhelming, but there are effective steps you can take to fight it. Understanding the process and leveraging legal representation, such as working with JUSTICEJOLT, can significantly improve your chances of success. Here’s a detailed guide on how to approach your case:

Step 1: Review the Ticket and Incident Details

Start by closely examining your ticket for any discrepancies. Take notes about the incident, including what led to the lane change, weather conditions, and other drivers’ behaviour. Gathering this information early is crucial in building your defence.

Step 2: Consult an Experienced Traffic Lawyer or Paralegal

A knowledgeable traffic lawyer or paralegal can provide invaluable guidance. They can explain your options, inform you about the potential consequences of the ticket, and discuss any possible defences based on the specifics of your case. Their expertise will help you navigate the legal system.

Step 3: Challenge the Ticket

With a paralegal or a lawyer’s assistance, you can begin to formulate your defence. This may involve asking questions about the ticket’s validity, such as whether the officer accurately observed the event or followed proper procedures when issuing it. They will help you compile evidence to support your claims.

Step 4: Gather Evidence And Request Disclosure

Collect evidence that may strengthen your case and request disclosure from the court. Gathering evidence includes witness statements, photographs of the scene, and any available dashcam footage. Your lawyer or paralegal will review this evidence meticulously to find weaknesses or omissions in the prosecution’s case that can be leveraged in your favour.

Step 5: Meet with the Prosecutor

Your lawyer or paralegal may recommend meeting with the prosecutor before the court date. This meeting can be an opportunity to present your case, discuss any potential weaknesses in their evidence, and negotiate a resolution. A skilled legal team can effectively advocate for you, potentially leading to reduced penalties or even having the charges dismissed.

Step 6: Attend Court Hearings

If your case goes to court, ensure that you and your legal support are present. Your lawyer or paralegal will represent you, presenting evidence and arguments effectively to the judge. They will articulate your defence clearly and persuasively, striving to achieve the best possible outcome.

Step 7: Prepare for Trial

Your traffic paralegal or lawyer will prepare extensively if a resolution cannot be reached and a trial is necessary. They will develop a thorough strategy to contest the charges, ensuring you are supported every step of the way throughout legal proceedings.