August 01, 2016, Kitchener, Ontario
Posted by: Robert Deutschmann, Personal Injury Lawyer
The OPP conducted an enforcement exercise this weekend aimed at drivers not moving over and slowing down for emergency vehicles. It is the law in Ontario that drivers must do so. The OPP reported that 2015 saw one of the highest numbers of charges laid against drivers who failed to slow down and move over for emergency vehicles. The law was amended in 2015 to include those emergency vehicles and tow trucks at the side of the roads as well as on the road.
Too many drivers are either ignoring lights and sirens behind them, have their music or other distractions too loud to hear the sirens, or simply are not driving well by not doing regular rear view mirror checks (of course we know this by the number of people driving holding up traffic in the left lane of the highways).
The OPP says they have had 5 members killed at the roadside when struck by cars.
The law requires that if you are being followed by an emergency vehicle you pull out of the roadway as far as possible and stop to allow them to pass by safely. If they emergency vehicle or tow truck is at the side of the road you must pull out towards the centre of the road and allow them an entire lane, on a two lane road you must slow down and give as much space as possible to the side of the emergency vehicle. Failing to do so will result in a fine range of $400 to $2,000 and three demerit points.
The Driver’s Handbook says:
When an emergency vehicle is approaching your vehicle from any direction with its flashing red or red and blue lights, or siren or bell sounding, you are required to bring your vehicle to an immediate stop.
When bringing your vehicle to a stop, you are required to bring your vehicle as near as is practical to the right-hand curb or edge of the roadway. When on a one-way road or divided highway having more than two lanes of traffic, move to the closest curb or edge of the roadway. Your vehicle should be parallel to the roadway and clear of any intersections, including highway on/off ramps. Do not move onto or stop on the shoulder of the roadway, as emergency vehicles may be travelling along it.
Use extreme caution when stopping your vehicle because other drivers may not yet be aware of or are already reacting to the approaching emergency vehicle. Look to the front, both sides and toward the rear of your vehicle, signal your intention to pull over well in advance and begin to adjust your vehicle’s speed to merge with any traffic to the side you are pulling to. Once you have moved your vehicle to the side, brake gradually as required and bring your vehicle to a safe stop. Avoid any sudden changes in direction or excessive braking and be aware of any vehicles approaching fast to the rear of your vehicle.
If you are in an intersection and preparing to make a turn when an emergency vehicle is approaching, you should abandon the turn and clear the intersection by proceeding straight when safe to do so, then pull to the right and stop. This will clear the intersection and minimize the possibility of a collision with the emergency vehicle should it be passing you on the side you intended to turn towards.
When the emergency vehicle has passed, check to make sure the way is clear and signal before merging back into traffic. Remain vigilant for additional emergency vehicles, and remember it is illegal to follow within 150 metres of a fire vehicle responding to an alarm.
Note: Some firefighters and volunteer medical responders may display a flashing green light when using their own vehicles to respond to a fire or medical emergency. Please yield the right-of-way to help them respond to an emergency call quickly and safely.
Police or other enforcement officers may require you to pull over and bring your vehicle to an immediate stop. Typically, the officer may signal this requirement by driving their vehicle with its emergency lights flashing and/or siren on behind your vehicle or by using hand gestures from the side of the road. When stopping your vehicle, follow the previous procedures, except that you should bring your vehicle to a stop outside of traffic lanes and onto the shoulder of the roadway where possible, or turn and stop on a side street with less traffic if in the immediate vicinity. If the officer gives direction as to where to stop, follow the officer’s directions.
Stay alert
When you see an approaching emergency vehicle with its lights or siren on, prepare to clear the way.
- React quickly but calmly. Don’t slam on the brakes or pull over suddenly. Use your signals to alert other drivers you intend to pull over.
- Check your rearview mirrors. Look in front and on both sides of your vehicle. Allow other vehicles to also pull over. Pull to the right and gradually come to a stop.
- Wait for the emergency vehicle to pass and watch for other emergency vehicles that may be responding to the same call. Check to make sure the way is clear and signal before merging back into traffic.
- Don’t drive on or block the shoulder on freeways. Emergency vehicles will use the shoulder of the road if all lanes are blocked.
With regard to stopped emergency vehicles it states:
When approaching any emergency vehicle that is stopped with its red, or red and blue, lights flashing or a tow truck with its amber lights flashing in the same direction of your travel, you are required to reduce the speed of your vehicle and proceed with caution.
If your vehicle has a manual transmission, it is recommended that you use your brakes, versus shifting down to a lower gear, in order to activate your rear brake lights and indicate to other drivers that you are slowing down.
When the roadway has two or more lanes of traffic in the same direction of your travel, you are required to move into a lane away from the emergency vehicle or tow truck, if safe to do so, in addition to reducing the speed of your vehicle and proceeding with caution. Similar to the procedures noted above, when slowing down and moving over, look in front and on both sides of your vehicle, and check your rearview mirrors, to determine the speed of the traffic around you and condition of the roadway. Proceed to decrease your speed similar to surrounding traffic speed, use your turn signal prior to making the lane change, and double check your rearview mirrors and shoulder check your blind spots to ensure no other vehicles are moving into or approaching that lane too fast. When safe to do so, change lanes well in advance of an emergency vehicle or a stopped tow truck with its flashing amber lights. Once in the lane, brake gradually and continue to reduce the speed of your vehicle when safe to do so. Be aware of any vehicles approaching fast to the rear of your vehicle.
Tips to remember
- Stay alert. Avoid distractions. Keep the noise level down in your vehicle.
- Remain calm, and do not make sudden lane changes or brake excessively.
- Before changing direction or speed, consider road conditions, check surrounding traffic, use your mirrors, look to blind spots, and signal and brake early.
- Keep roadway shoulders, intersections and highway ramps clear for emergency-vehicle use.
- If your vehicle is being pulled over, in this instance, bring it to a safe stop on the shoulder of the roadway, away from traffic, following any directions from the officer.
Failing to respond to an emergency vehicle
Take emergency flashing lights and sirens seriously. Proceed with caution, clear the way and bring your vehicle to a stop, where required. It’s the law. Penalties and fines regarding reacting to an approaching or stopped emergency vehicle include:
First Offence: $400 to $2,000, plus three demerit points upon conviction.
Second Offence (within 5 years): $1,000 to $4,000, possible jail time up to six months and possible suspension of driver’s licence for up to two years.
Please note the above law, fines and penalties are also applicable to a tow truck with its lamp producing intermittent flashes of amber light that is stopped on a highway.
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