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Highway Traffic Act Offences and Rules of the Road

By Jack West, author of Ontario Highway Traffic Act - Law Enforcement Edition 2014

Pedestrian safety is one of many responsibility concerns police focus on a daily basis.

During the year 2013, there has been a noticeable increase in pedestrian deaths as a

result of a motor vehicle collision. Hence, public education and enforcement are

important in order to help decrease the number of collisions.

In the case of a motor vehicle collision, the police will attend and complete a thorough

investigation. The police will determine what exactly caused the collision between the

vehicle and the pedestrian. The contributing factor may be that of either the pedestrian

or driver of the vehicle and the appropriate charge issued. This information may be

established by witness statements, physical evidence or by way of scientific math

calculations through physics to determine speed prior to impact. If the investigation

indicates the pedestrian caused the collision between themselves and the motorist, the

appropriate charge will be issued to the pedestrian. In the matter of a driver, charges

could be of a minor traffic offence e.g. disobey red light to a Criminal charge of

Dangerous driving or Criminal Negligence Causing death depending on the facts in

issue. Any of these charges, defendants may make use of legal representation.

Rules of the Road and Responsibilities of Drivers

Distracted driving is of great concern to public safety. The driver of a vehicle must focus

on every aspect of their driving and be aware of their surroundings at all times. Eight

out of ten motor vehicle collisions are caused by a distracted driver. Most rear end

collisions are caused when a driver is talking on their cell phone while driving.

Understanding the law will help all road users to be safer.

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The law has recognized the dangers of driving while talking on a cell phone or texting.

By doing so, the driver’s attention is focused on conversation, rather than their driving

responsibilities. While driving on the highway the driver must be hands free. This in

includes while stopped for a red light.

See Highway Traffic Act, R.S.O. 1990, c. H.8, s. 78.1 for details and exceptions:

78.1 Hand-held devices prohibited

78.1(1) Wireless communication devices

78.1(2) Entertainment devices

78.1(3) Hands-free mode allowed

78.1(4) Exceptions

78.1(5) Same

78.1(6) Same

Persons in wheel chairs are considered to be a pedestrian, by way of Provincial

Legislation and must obey all pedestrian rules of the road. If the wheel chair is being

operated under power, the wheel chair is now considered a motor vehicle under the

Criminal Code of Canada. Therefore, if the operator is intoxicated, they may be arrested

for impaired driving.

Rules of the Road and Responsibilities of Pedestrians

Even though there is a huge onus on drivers to yield to pedestrians at crossovers,

pedestrians must keep in mind their responsibility not to step out when a moving vehicle

is so close will cause the motorist to take evasive action to avoid contact.

In order to keep pedestrians safe, the Highway Traffic Act also sets out offences and

fines specific to pedestrian violations. There are no Highway Traffic Act offences that are

arrestable specific to pedestrians. However, if a pedestrian is involved in an

investigation and misleads the police or falsely identifies themselves they may be

arrested for mischief or impersonation under the Criminal Code of Canada.

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Wording of Offence Section Fine

Pedestrian fail to yield at crossover (pedestrian who steps off curb when moving vehicle is too close for driver to safely yield)

140(4) 35

Person in wheelchair fail to yield at crossover 140(4) 35

Pedestrian fail to use crosswalk (where crosswalk is marked)

144(22) 35

Pedestrian disobey flashing green light (must wait until light stops flashing)

144(24) 35

Pedestrian disobey red light 144(25) 35

Pedestrian disobey amber light 144(25) 35

Pedestrian disobey “don’t walk” signal 144(27) 35

Solicit a ride (by pedestrian, on the roadway)

177(1) 50

Solicit business (by pedestrian, on the roadway) Also see Safe Streets Act, 1999, s. 2

177(2) 50

Person – attach to vehicle 178(4) 35

Person – attach to streetcar [s. 178(4) applies when purpose is to be drawn along the road]

178(4) 35

Pedestrian fail to walk on left side of highway (where no sidewalks)

179 35

Pedestrian on roadway fail to keep to left edge 179 35

Pedestrian crossings are marked in order to provide pedestrians a guide of where to

cross the street safely. Where there is a marked cross walk, pedestrians are to cross

between the white lines. Walking outside these lines, the pedestrian may have

committed an offence according to section 144(22) It’s interesting to note that most

pedestrian deaths are as a result of walking mid- block, failing to make use of marked

crossings can be detrimental.

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Pedestrians are to make use of pedestrian signals in order to help safely move them

across the street. When facing a flashing green light, pedestrians must not enter the

roadway. This signal is providing motorists an advance turn. Once the green signal

becomes a solid green, pedestrians now have the right of way. Pedestrians must not

cross the street while facing a red light. Motorists are focused on their green light as

they approach the intersection often failing to see or are caught off guard when a

pedestrian is suddenly seen crossing against a red light. This applies the same when

facing an amber light. A “don’t walk signal” is a visual reminder to the pedestrian not to

enter the roadway and must be obeyed.

In order to keep pedestrians safe, they are prohibited to be on the roadway in order to

solicit a ride. This same rule applies to pedestrians soliciting business upon a roadway.

Sidewalks are provided for safe pedestrian traffic. Only when sidewalks are not

available, a pedestrian may walk on the shoulder of the road while facing oncoming

traffic. While doing so, must keep to the left edge of the roadway.

Pedestrians attaching themselves to a vehicle is very dangerous and a high risk to their

safety. This also applies to pedestrians attaching themselves to a street car for the

purpose of being drawn along the roadway.

Pedestrian offences may be challenged in court. The pedestrian would require a

reasonable explanation in order to satisfy the court being dealt with through the

prosecutors offence having control of the matter with a final decision by the trier of fact.

Views and opinions expressed in this Article are those of the author only, unless otherwise

specified.