Bill 42 2016

An Act to amend the Highway Traffic Act with respect to waste collection vehicles and snow plows

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

   1.  (1)  Subsections 159 (2) and (3) of the Highway Traffic Act are revoked and the following substituted:

Slow down on approaching certain stopped vehicles

   (2)  Upon approaching any of the following vehicles that are stopped on a highway, the driver of a vehicle travelling on the same side of the highway shall slow down and proceed with caution, having due regard for traffic on the highway, the conditions of the highway and the weather, to ensure that the driver does not collide with the stopped vehicle or endanger any person outside of it:

    1.  An emergency vehicle with its lamp producing intermittent flashes of red light or red and blue light.

    2.  A tow truck with its lamp producing intermittent flashes of amber light.

    3.  A road service vehicle, other than a waste collection vehicle or a snow plow, with its lamp producing intermittent flashes of amber light.

Same, multiple lanes

   (3)  Upon approaching a vehicle that is described in any of paragraphs 1, 2 or 3 of subsection (2) and that is stopped on a highway with two or more lanes of traffic on the same side of the highway as the side on which the stopped vehicle is located, the driver of a vehicle travelling in the same lane as the stopped vehicle or in a lane that is adjacent to that lane, in addition to slowing down and proceeding with caution as required by subsection (2), shall move into another lane if the movement can be made safely.

Slow down on approaching waste collection vehicle or snow plow

   (3.1)  Upon approaching any of the following vehicles that are stopped or travelling on a highway, the driver of a vehicle travelling on the same side of the highway shall slow down and proceed with caution, having due regard for traffic on the highway, the conditions of the highway and the weather, to ensure that the driver does not collide with the other vehicle or endanger any person outside of the other vehicle:

    1.  A waste collection vehicle while the vehicle is used in the course of collecting garbage or material for disposal or recycling from the side of the highway.

    2.  A snow plow that has a lamp producing intermittent flashes of blue light.

Same, multiple lanes

   (3.2)  Upon approaching a vehicle that is described in any of paragraphs 1 or 2 of subsection (3.1) and that is stopped or travelling on a highway with two or more lanes of traffic on the same side of the highway as the side on which the vehicle is located, the driver of a second vehicle travelling in the same lane as the first vehicle or in a lane that is adjacent to that lane, in addition to slowing down and proceeding with caution as required by subsection (3.1), shall move into another lane if the movement can be made in safety.

   (2)  Subsection 159 (5) of the Act is repealed and the following substituted:

Stop on approaching certain vehicles

   (5)  Nothing in subsection (2), (3), (3.1) or (3.2) prevents a driver from stopping his or her vehicle and not passing the other vehicle if stopping can be done in safety and is not otherwise prohibited by law.

   (3)  Subsection 159 (6) of the Act is amended by striking out "subsection (1), (2), (3) or (4)" and substituting "subsection (1), (2), (3), (3.1), (3.2) or (4)" in the portion before clause (a).

   (4)  Subsection 159 (11) of the Act is amended by adding the following definitions:

"snow plow" means a road service vehicle that is used to plow, salt or de-ice a highway or to apply chemicals or abrasives to a highway for snow or ice control; ("chasse-neige")

"waste collection vehicle" means a vehicle that is operated by a person who is employed by or acting on behalf of a municipality, a local board as defined in section 1 of the Municipal Affairs Act, a Local Services Board established under the Northern Services Boards Act or the Crown in right of Ontario. ("véhicule de collecte des déchets")

Commencement

   2.  This Act comes into force on the day it receives Royal Assent.

Short title

   3.  The short title of this Act is the Highway Traffic Amendment Act (Waste Collection Vehicles and Snow Plows), 2016.

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act to extend the restrictions on approaching stopped emergency vehicles or tow trucks to approaching a stopped road service vehicle. It also extends those restrictions to two other types of vehicles, whether or not they are stopped. Those types of vehicles are vehicles operated for an entity such as a municipality in the course of collecting garbage or material for disposal or recycling from the side of a highway and road service vehicles that are used to plow, salt or de-ice a highway or to apply chemicals or abrasives to a highway for snow or ice control.