Case Law

Highway Traffic Act Section 159.1

HTA s. 159.1

Ontario Legislature

Added January 1, 2007

This *Move Over* law can cost you up to $2,000 and suspend your licence for two years — even if you just failed to change lanes when passing a stopped ambulance.

Summary

Highway Traffic Act Section 159.1 - Approaching Stopped Emergency Vehicle

HTA s. 159.1
Ontario Legislature


Background

Ontario's "Move Over" law requires drivers to slow down and proceed with caution when approaching emergency vehicles with flashing red or red-and-blue lights stopped on the highway. The law has two levels: basic caution requirements for all drivers, and mandatory lane changes in multi-lane situations. Emergency vehicles include police, fire, ambulance, and tow trucks, but exclude school buses.

Requirements

  1. Must drivers slow down and use caution around all stopped emergency vehicles?
  2. When must drivers change lanes completely?
  3. What are the penalties for violations?

Legal Requirements

Subsection (1) requires ALL drivers approaching stopped emergency vehicles with flashing lights to slow down and proceed with caution, considering traffic, road conditions, and weather to avoid collisions or endangering anyone outside the vehicle.

Subsection (2) adds a mandatory lane change requirement on multi-lane highways. If you're in the same lane as the emergency vehicle or an adjacent lane, you MUST move to another lane if it can be done safely.

Subsection (3) allows drivers to stop completely instead of passing, if stopping is safe and legal.

Penalties and Consequences

First offence: $400-$2,000 fine. Subsequent offences within 5 years: $1,000-$4,000 fine and/or up to 6 months imprisonment. Courts may also suspend your driver's licence for up to 2 years. The suspension can be appealed and potentially stayed pending appeal.

Key Takeaway

The Move Over law has teeth — lane changes aren't just courtesy, they're legally required.

Don't assume slowing down is enough. On multi-lane roads, you must change lanes when passing emergency vehicles in your lane or adjacent lanes. The penalties are severe and licence suspension is possible, making this one of the more serious Highway Traffic Act offences.

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Keywords

approaching stopped emergency vehicle emergency vehicle flashing lights Highway Traffic Act lane change licence suspension move over law multi-lane highway Statutes

Details

Citation

HTA s. 159.1

Source

Ontario Legislature

Type

Case Law

Date Added

January 1, 2007

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