Law protecting emergency road personnel 5 years old

Eric Lai

SPECIAL TO THE STAR

Q: A past Auto Know stated that "ignorance of the law is no excuse" isn't just a proverb and is, in fact, the written law in Canada.

I would like to think that I'm a law-abiding citizen, but I can only adhere to the law if I'm aware of its existence.

Perhaps the teaching of the law must be better done by the lawmakers.

A: To satisfy section 19 of the Criminal Code of Canada, any new law must only have been printed in the Canada Gazette, a government legal publication, for the "ignorance" defence to become void.

The original reader question that started this discussion regarded a law passed five years ago that requires motorists to slow down and proceed with caution when passing, from the rear, a stopped emergency vehicle with its lights flashing. On multilane roadways, motorists must also move over one lane before passing – if safe to do so.

The set fine for a first offence is $400, plus a court fee and crime victims surcharge, and three demerit points. Any subsequent conviction within five years carries a fine of $1,000 to $4,000 (plus fee and surcharge), and/or imprisonment for up to six months, and three demerit points.

Why the heavy-handed approach?

Protecting frontline workers is the goal of this legislation, as traffic collisions are the leading cause of injury and death among emergency services personnel.

So how well has this law, under section 159.1 of the Highway Traffic Act, been publicized?

The "move over" law is, arguably, being used as a cash cow in some areas, but research shows that it has, in fact, been widely touted in most every form of mass media, including print, TV, radio, billboard, online, and even chain emails.

An online Google search for information on it turned up 33,000 hits, including archived articles/reports from virtually every accredited media outlet in the province. In comparison, passing a stopped school bus with lights flashing – something every driver should know is illegal – ranked slightly lower with 29,600 hits. (Not all hits will be relevant, but the numbers do provide perspective on the relative popularity of each topic.)

As for the government's direct public awareness efforts, officials advise it's currently printed in the Driver's Handbook, incorporated into Ontario's official road map, listed on the Ontario Transportation Ministry website, www.mto.gov.on.ca, posted on signs at all border crossings, periodically displayed on electronic highway billboards (overhead and mobile), printed in brochures at licence offices and test centres, and included in the MTO Newsletter mailed to every Ontario driver along with their licence renewal form.

Similar laws protecting emergency workers on roadways exist in several other provinces (including Alberta, Manitoba and Saskatchewan) and the majority of U.S. states.

Ultimately, it is the responsibility of drivers to be aware of local laws when travelling. Provincial/State government websites, auto clubs, travel agencies and online discussion forums are a good source of such info for travellers. The Canadian Automobile Association, for example, provides members requesting travel routing service with a booklet listing traffic law information in other North American jurisdictions.

Despite all the awareness campaigns, I understand the frustration drivers feel when charged for an offence they honestly didn't know existed. Perhaps a fair and effective way of spreading the message – without the bitter aftertaste – is to combine blatant education with selective enforcement.

After all, if you're ticketed after passing a giant flashing billboard advising of the law, I'd say that pretty much rules out any claims of ignorance. Plus, it's indelibly ingrained in every passing driver's mind exactly why you're being tagged.

Email your non-mechanical questions

to Eric Lai at wheels@thestar.ca.

Please include year, make, model and

kilometres of autos cited, plus your name, address and telephone number. Letters may be edited.

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