Unsafe Lane Change Ticket

Examples Of Unsafe Lane Changes

• Not Signaling Before Lane Changes
• Crossing Solid Lines to Change Lanes
• Sudden or Careless Lane Switching
• Lane Changes Close to Intersections
• Misusing the Road Shoulder
• Interrupting the Flow of Traffic
• Not Giving Way When Needed

Penalties for Unsafe Lane Changes

Unsafe lane change charges, issued under a few different sections of the Ontario Highway Traffic Act, include the following penalties:

• Demerit Points: 2 to 3 demerit points which remain on the driving record for 2 years
• Increased Insurance Rates: Potential to be considered a high risk driver, leading to higher insurance rates and premiums.
• Fines: $85.00 ($110.00 including the Victim Fine Surcharge). More severe instances can attract fines up to $1,000.00.

Legal Definitions and Relevant Sections of the Highway Traffic Act

There are two sections of the Highway Traffic Act that address unsafe lane change charges: section 142 (1) and section 154 (1). The wording on your ticket will be different for each charge. A ticket issued under section 142 (1) will likely read, “Change Lane – Not in Safety”. A ticket issued under section 154 (1) will likely read, “Unsafe Move – Lane or Shoulder”. The legislation reads as follows:

Signal for left or right turn

142(1) The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety, and if the operation of any other vehicle may be affected by the movement shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement.  R.S.O. 1990, c. H.8, s. 142 (1).

Where highway divided into lanes

154(1) Where a highway has been divided into clearly marked lanes for traffic,

(a) a vehicle shall not be driven from one lane to another lane or to the shoulder or from the shoulder to a lane unless the driver first ascertains that it can be done safely;

(b) in the case of a highway that is divided into three lanes, a vehicle shall not be driven in the centre lane except when overtaking and passing another vehicle where the roadway is clearly visible and the centre lane is clear of traffic within a reasonable safe distance, or in preparation for a left turn, or where the centre lane is at the time designated for the use of traffic moving in the direction in which the vehicle is proceeding and official signs are erected to indicate the designation;

(c) any lane may be designated for slowly moving traffic, traffic moving in a particular direction or classes or types of vehicles and, despite section 141, where a lane is so designated and official signs indicating the designation are erected, every driver shall obey the instructions on the official signs.  R.S.O. 1990, c. H.8, s. 154 (1); 2015, c. 14, s. 45.

In some cases, a driver may find themselves charged with Careless Driving under section 130 (1) of the Highway Traffic Act. Even though the driver’s actions may have fit an unsafe lane change charge, an officer can use their discretion to issue a charge under the section they deem most appropriate. Careless Driving has more serious consequences than the charges above, including 6 demerit points, a minimum $400.00 fine, a possible license suspension, serious insurance implications and even possible imprisonment. Section 130 (1) of Ontario’s Highway Traffic Act reads as follows:

Careless driving

130 (1) Every person is guilty of the offence of driving carelessly who drives a vehicle or street car on a highway without due care and attention or without reasonable consideration for other persons using the highway. 2017, c. 26, Sched. 4, s. 17.

Penalty

(2) On conviction under subsection (1), a person is liable to a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both, and in addition his or her driver’s licence or permit may be suspended for a period of not more than two years. 2017, c. 26, Sched. 4, s. 17.