Highway Traffic Amendment Act (Roadside Assistance Vehicles), 2012 Dunlop, Garfield — Bill 38 (40th Parliament, 1st Session)

Bill 38, 40-1

Ontario — Bills

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Bill 38, Highway Traffic Amendment Act (Roadside Assistance Vehicles), 2012

Dunlop, Garfield

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[40] Bill 38 Original (PDF)

Bill 38 2012

An Act to amend the Highway Traffic Act with respect to

safety precautions to take when approaching roadside assistance vehicles

Note:

This Act amends the Highway

Traffic Act . For the legislative history of the Act, see the

Table of Consolidated Public Statutes – Detailed Legislative History at

www.e-Laws.gov.on.ca.

Her

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

1. Subsection 1 (1) of the Highway Traffic Act

is amended by adding the following definition:

"roadside

assistance vehicle" means a tow truck or another motor vehicle that is equipped

to,

(

a) remove

from a highway a motor vehicle that is damaged, disabled or inoperative,

whether by hoisting it, by towing it or by loading it and carrying it away, or

(

b) provide

service or minor repair on a highway to a motor vehicle that is damaged,

disabled or inoperative, including battery service, changing tires and

providing entry to a locked motor vehicle; ("véhicule d'assistance routière")

(1) Section 62 of the Act is

amended by adding the following subsections:

Lamps on tow trucks

(1.1) A tow truck shall carry one or more lamps that

display an intermittent amber warning light, where at least one lamp is

permanently mounted on the top of the vehicle and is clearly visible from all

directions for a distance of at least 100 metres.

Lamps on other roadside assistance vehicles

(1.2) A roadside assistance vehicle that is not a tow

truck may carry one or more lamps that display an intermittent amber warning

light that is clearly visible from all directions for a distance of at least

100 metres.

Use of amber lamps on tow trucks

(1.3) A person shall not turn on or use the amber warning

lamps on a tow truck unless the vehicle is,

(

a) being

attached to another vehicle;

(

b) drawing

another vehicle onto or along the travelled portion of a highway; or

(

c) being

used to help a person repair, start or move a vehicle that is stopped on a

highway.

Same, other roadside assistance vehicles

(1.4) A person shall not turn on or use the amber warning

lamps on a roadside assistance vehicle that is not a tow truck unless the

vehicle is stopped on a highway and being used to help a person repair, start

or move another vehicle that is stopped on the highway.

(2) Subsection 62 (14.1) of the Act is

repealed and the following substituted:

Restriction on front lights

(14.1) In addition to the lighting requirements in this

Part, a police department vehicle may carry lamps that cast red and blue lights

or an amber light, but no other motor vehicle shall carry any lamp that casts

red and blue lights to the front.

3. Subsections 159 (2) and (3) of the Act are

repealed and the following substituted:

Slow down on approaching stopped vehicle

(2) Upon approaching either of the

following vehicles that is 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 and 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 the

stopped vehicle:

1. An

emergency vehicle with its lamp producing intermittent flashes of red light or

red and blue light.

2. A

roadside assistance vehicle or a police department vehicle with its lamps

producing intermittent flashes of amber light.

Same, multiple lanes of traffic

(3) Upon approaching either of the

following vehicles 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 in

which the stopped vehicle is located or in a lane that is adjacent to the

stopped vehicle, 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 in safety:

1. An

emergency vehicle with its lamp producing intermittent flashes of red light or

red and blue light.

2. A

roadside assistance vehicle or a police department vehicle with its lamps

producing intermittent flashes of amber light.

Commencement

4. This Act comes into force on the day it

receives Royal Assent.

Short title

5. The

short title of this Act is the Highway Traffic Amendment Act

(Roadside Assistance Vehicles), 2012 .

EXPLANATORY NOTE

The

Bill amends the Highway

Traffic Act . At present, the driver of a motor vehicle is

required to slow down upon approaching an emergency vehicle that is stopped on

the same side of a highway as that on which the driver is travelling. The Bill

extends that requirement to cover cases where a driver approaches a roadside

assistance vehicle that is stopped on that side.

Date Bill stage Activity Committee

March 5, 2012

First Reading

Carried

Debates and Progress

First Reading

March 5, 2012

Committee

Second Reading

Committee

Third Reading

Royal Assent

Acts affected - Bill 38

Most Ontario public acts are available electronically; to view copies of the Acts to be amended by this bill visit e-laws

Highway Traffic Act

Legislative Assembly of Ontario

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Document details

Collection	Ontario — Bills
Citation	Bill 38, 40-1
Type	bill
Volume / chapter	p40 s1 bill 38 html
Language	en
Format	html
Source	PROVINCIAL
Identifier	d46219f6970f430970043118b07e2b261fc43f0e

Source file is stored in the law ingest library (html).