Section 159.1 HTA

Highway Traffic Act Section 159.1 — Move Over Law

Ontario Regulation O. Reg. 159.1
Highway Traffic Act — Legislative Text | 2002, c. 21, s. 1; 2007, c. 13, s. 20

Background

This is the actual legislative text of Ontario's "Move Over" law, enacted in 2002 and amended in 2007. The law was created to protect emergency responders and other personnel working alongside highways by requiring drivers to slow down and, where possible, change lanes when approaching stopped emergency vehicles with flashing lights.

The legislation applies to any emergency vehicle (as defined in subsection 62(15.1) of the HTA, but excluding school buses) that is stopped on a highway with its red lights or red and blue lights flashing intermittently.

Legal Requirements

1. What drivers must do when approaching any stopped emergency vehicle with flashing lights
2. Additional requirements for multi-lane highways
3. Available penalties for violations

The Move Over Requirements

Basic Rule (Subsection 1): All drivers approaching a stopped emergency vehicle with flashing red or red-and-blue lights must slow down and proceed with caution, considering traffic, road conditions, and weather. The goal is to avoid colliding with the emergency vehicle or endangering anyone outside it.

Multi-Lane Rule (Subsection 2): On highways with two or more lanes traveling in the same direction, drivers in the same lane as the emergency vehicle, or in an adjacent lane, must also move to another lane if it can be done safely. This is in addition to slowing down.

Stopping Option (Subsection 3): Drivers can choose to stop completely rather than pass the emergency vehicle, provided stopping is safe and not otherwise prohibited by law.

Penalties and Enforcement

First Offense: Fine between $400 and $2,000

Subsequent Offenses: Fine between $1,000 and $4,000, and/or up to six months imprisonment. However, an offense committed more than five years after a previous conviction is treated as a first offense.

License Suspension: Courts may suspend a driver's license for up to two years upon conviction. This suspension order can be appealed, and the court hearing the appeal may stay the suspension pending final disposition.

Key Takeaway

Ontario's Move Over law has serious financial and licensing consequences — fines start at $400 and can reach $4,000, plus possible jail time and license suspension.

If you're charged under section 159.1, you're facing a significant penalty that goes well beyond a simple traffic ticket. The prosecution must prove you failed to slow down and proceed with caution, and on multi-lane roads, that you failed to change lanes when it was safe to do so.