Traffic Offences
Driving on the Paved Shoulder in Ontario
Using a paved shoulder to drive, rather than just to pull over, is generally its own offence — with a narrow, specific exception for passing a vehicle turning left.
Quick answer: Non-authorized driving on a paved shoulder is addressed under subsection 151(5) of the Highway Traffic Act. A narrow exception under section 150 allows using the shoulder specifically to pass a vehicle that's turning left; outside that and a few other exceptions (like a road genuinely blocked by construction), driving on the shoulder generally isn't permitted.
Key Takeaways
- Non-authorized shoulder driving is its own offence under subsection 151(5).
- A specific exception allows using the shoulder to pass a vehicle turning left.
- Other narrow exceptions can apply, such as a roadway genuinely blocked by construction material.
- A separate, higher fine is commonly reported within a designated community safety zone.
What this offence covers
The paved shoulder of a highway is generally meant for pulling over, not for travelling along as an extra lane, and subsection 151(5) of the Highway Traffic Act specifically addresses non-authorized driving on a paved shoulder. This commonly comes up with drivers who use the shoulder to bypass queued traffic, rather than for a permitted purpose like stopping safely or responding to an emergency vehicle.
The exception for passing a left-turning vehicle
Section 150(2) of the Highway Traffic Act creates a specific, narrow exception: a driver may use a paved shoulder to pass a vehicle that is stopped or slowing to make a left turn. Passing on the shoulder is otherwise generally prohibited outside this and a few other recognized exceptions, such as where the regular lane is genuinely blocked by construction material or similar obstructions.
Reported penalties
The set fine schedule lists non-authorized shoulder driving with a separate, higher figure for an offence committed within a designated community safety zone, similar to how several other Highway Traffic Act fines are treated within those zones. Because the specific base and zone figures weren’t confirmed against an official current schedule, the amount printed on your own ticket is the reliable number for your specific case.
Frequently Asked Questions
Is it ever legal to drive on the shoulder?
There are narrow exceptions, including specifically to pass a vehicle turning left, or where the regular lane is genuinely blocked. Outside recognized exceptions, using the shoulder to drive or bypass traffic generally isn't permitted.
Is this the same as the move over law?
No. The move over law covers slowing down and changing lanes for a stopped emergency vehicle or tow truck. This offence covers using the shoulder as a driving lane generally.
Is the fine higher in a community safety zone?
The set fine schedule lists a separate, higher figure for this offence within a designated community safety zone, consistent with how several other Highway Traffic Act fines are treated there.
Sources
Charged With Driving on the Shoulder?
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