Ontario’s Highway Traffic Act is a dense piece of legislation. Most drivers know the basics – speed limits, seatbelts, distracted driving. But buried within the Act are some genuinely surprising sections that raise eyebrows, prompt double-takes and occasionally make even seasoned traffic law professionals smile.
After years of working with traffic cases across Ontario, a few particular sections stand out as the kind of laws most people have never heard of but absolutely should know about.
Key Takeaways:
- Ontario’s Highway Traffic Act contains some genuinely obscure and surprising provisions;
- Section 77(1) makes it an offence to drive a sleigh without proper control – yes, a sleigh;
- Section 162 covers “crowding the driver’s seat” and has been applied to pets in moving vehicles;
- Section 167 addresses frightening animals on or near the roadway;
- Section 171 covers soliciting a ride and has an unexpected historical origin; and
- Even minor or unusual charges can carry real legal consequences worth taking seriously.
Ontario’s most unexpected highway traffic act provisions
Section 77(1) – sleigh bells
This is the one that gets a smile. Section 77(1) of the Highway Traffic Act makes it an offence to drive a horse or animal drawn sleigh or sled without at least two proper sleigh bells. Presumably a winter concern. The fine? Five dollars.
It’s more humorous than anything else and it certainly raises an eyebrow. But it’s a real provision sitting inside real provincial legislation. The Highway Traffic Act has been around long enough to have accumulated some genuinely dated sections that reflect a very different era of transportation.
Section 162 – crowding the driver’s seat
This one sounds obscure but comes up more than you’d expect in actual practice.
Section 162 of the Highway Traffic Act makes it an offence to crowd the driver’s seat. The set fine is $85, which is modest enough on its own. But the more interesting question is what the legislation is actually talking about – because it’s not what most people assume.
The pet in the driver’s seat problem
The most common real-world application of this section involves drivers operating vehicles with animals in their laps or sharing the driver’s seat. Imagine a 100-pound German Shepherd that gets spooked and jumps directly into the driver’s seat while a vehicle is moving. That’s not just uncomfortable – it’s a genuine hazard and it’s exactly the kind of situation this section is designed to address.
The most recent example worth noting isn’t the German Shepherd. It’s a five-pound Chihuahua that jumped into the driver’s lap while the vehicle was in motion. That driver received a ticket under Section 162. The charge was successfully defended – but the point stands. It’s the type of situation that seems minor or even amusing until it ends up in court.
Section 167 – frightening an animal
Section 167 addresses a scenario that doesn’t come up often but paints a vivid picture when it does.
Picture a mounted police officer – RCMP or local – riding a horse near traffic. Now picture an adolescent driver squealing their tires directly beside that horse, causing it to spook, bolt or throw the rider – potentially into a crowd of people. That’s the conduct Section 167 is designed to capture.
It’s one of those provisions that feels like it belongs to another era but has legitimate modern applications anywhere horses and traffic might intersect. Horse-mounted patrol units still operate in Ontario municipalities and the risk of a spooked animal creating a dangerous situation remains real.
Section 171 – soliciting a ride
This section has the most fascinating backstory of all.
Before cell phones, before dashboard cameras, before surveillance on every corner, certain municipalities had a recurring problem with street-level prostitution. One of the enforcement tools developed to address this was a Highway Traffic Act provision dealing with people loitering near roadways – what became known as soliciting a ride.
The practical application at the time was straightforward. If police suspected someone of engaging in prostitution while standing near a roadway corner, a charge of soliciting a ride under Section 171 gave enforcement officers a tool to act on that suspicion.
The section is a minor fine. But its purpose – and the context that created it – is what makes it genuinely fascinating from a legal history perspective. It’s a reminder that traffic law doesn’t exist in a vacuum. It reflects the social and enforcement priorities of the era in which specific provisions were written.
Note: This section has since been repealed.
Why obscure laws still matter
These sections might seem like curiosities. And in many ways they are. But the underlying point is important: the Highway Traffic Act is broader and more detailed than most drivers ever realize and charges under unexpected provisions do get laid.
A five-pound Chihuahua in your lap might seem like a non-issue until it results in a ticket. A tire squeal near a mounted officer might seem like harmless fun until Section 167 comes into play. Unusual doesn’t mean unenforceable.
If you’ve received a charge under any provision of the Highway Traffic Act – expected or unexpected – it’s worth understanding what you’re actually dealing with before deciding how to respond. Explore OTD Legal’s practice areas to learn more about the types of traffic matters we handle.
Frequently asked questions
Are these unusual traffic laws actually enforced in ontario?
Yes. While sections like Section 77(1) covering sleighs rarely come up in practice, others like Section 162 covering crowding of the driver’s seat do appear in real cases. The Chihuahua example above is a genuine case that proceeded through the legal process. Obscure doesn’t mean inactive.
Can you fight a ticket under an unusual highway traffic act section?
Absolutely. Every charge under the Highway Traffic Act – no matter how surprising or minor – can be disputed. In fact, some of the more unusual charges can be successfully defended precisely because they’re uncommon and prosecution of them is less straightforward. The Chihuahua case referenced in the transcription above is a direct example of a successful defence under Section 162.
What should I do if I receive a charge I don’t recognize or understand?
Don’t ignore it and don’t assume it’s minor enough to simply pay without consideration. Even small fines can carry demerit points or insurance implications depending on the specific provision. If you’ve received a charge under an unfamiliar section of the Highway Traffic Act, contact OTD Legal to understand exactly what you’re dealing with and what your options are.
Ontario’s Highway Traffic Act contains far more than most drivers ever read. The sections above are a reminder that the law reflects history, practicality and occasionally some genuinely unexpected real-world situations. Knowing these laws exist won’t necessarily change how you drive – but understanding that traffic law is broader than speed limits and stop signs is worth keeping in mind.
If you’ve received a traffic charge and want to understand your options, contact OTD Legal today. Our team handles the full range of traffic matters – including the ones that make you do a double-take.
Video Transcription:
Surprising Ontario traffic laws. I want to take this time to talk to you a bit about some interesting legislation. We call them highway traffic laws, we call them sections under the Highway Traffic Act, but there are some interesting ones that have come up over my many years of doing this type of work.
One of the ones that sort of gets a smile is legislation under the Highway Traffic Act, section 77(1). That particular legislation makes it an offence to be driving around in a sleigh—presumably in winter—and if you’re caught doing that sort of thing, you can expect to see a $5 fine, which certainly will raise an eyebrow. It’s more humorous than anything else.
Another interesting piece of legislation you may come across if you take the time to simply go through the Highway Traffic Act is crowding of the driver’s seat. That’s found under Section 162 of the Highway Traffic Act. If you’re found doing that, there’s an $85 fine, which is kind of irrelevant, but what people don’t know is what that legislation is really talking about.
The best example that I’ve seen in several cases is some people having their pet, their animal, in the driver’s seat with them. You can imagine if it’s a 100-pound German Shepherd that gets scared and jumps into the driver’s seat with the driver, it certainly creates a bit of a hazard. That’s the legislation that I’ve seen from time to time. It’s always interesting when that comes up. The most recent example wasn’t the German Shepherd, but actually a small five-pound Chihuahua that jumped in the driver’s lap. That particular person ended up with a ticket for that charge. We were successful in defending that, but that’s the type of thing you see with a charge like that.
That being said, another particularly fascinating section that I found is a frightened animal under Section 167. A great example of what that’s talking about is, imagine a mounted police officer—RCMP or local—on a horse, and some adolescent male squealing their tires right near that animal, causing it to jump or spook or run, maybe into a crowd of people, or maybe throw the rider. That’s what they’re talking about under Section 167.
Probably the last notable one I can think of off the top of my head is a fascinating section. You’ve got to know the history of this particular section of the Highway Traffic Act. It’s under Section 177. It’s a very minor fine, but the purpose of that legislation is what’s fascinating.
Years ago, we didn’t have things like cell phones or dash cameras, and certainly there weren’t cameras on every corner, and prostitution in some municipalities was a problem. One of the ways they dealt with sort of cleaning up neighborhoods and getting prostitution off the streets was to create a section that dealt with people standing around on the corners of streets. You’ve heard of red light districts. One of the enforcement tools used was under, again, 171 of the Highway Traffic Act, and it’s called solicit a ride.
What the police were doing at that time was if they found someone they suspected of prostitution standing around a little too long, you would see a charge of soliciting a ride being issued to that particular individual.
