Traffic Offences
The Move Over Law in Ontario
Ontario requires drivers to slow down and, where safe, change lanes when passing a stopped emergency vehicle or tow truck with its lights activated. Not doing so is an increasingly enforced offence.
Quick answer: Ontario’s move over law requires drivers to slow down and, where it can be done safely, move over a lane when passing a stopped emergency vehicle or tow truck with its lights activated. A conviction is commonly reported to carry 3 demerit points, with fines that step up further for a repeat offence within five years.
Key Takeaways
- Applies to stopped police, fire, ambulance, and tow-truck vehicles with lights activated.
- Requires slowing down, and moving over a full lane where it can be done safely.
- Commonly reported to carry 3 demerit points on conviction.
- Reported penalties increase further for a repeat conviction within five years.
What the law requires
Under sections 159(2) and (3) of the Highway Traffic Act, a driver approaching a stopped emergency vehicle — police, fire, or ambulance — with its lights activated must slow down and proceed with caution. On a roadway with more than one lane travelling in the same direction, the driver must also move over into a lane further away from the stopped vehicle, leaving one lane of space between their vehicle and it, where this can be done safely. The law was extended to also cover tow trucks stopped on the shoulder with amber lights activated.
Where moving over isn’t safely possible — because of other traffic, road conditions, or a narrower roadway — a driver is still expected to slow down and pass with caution rather than maintain normal speed. This offence is sometimes discussed alongside community safety zone rules, but it’s a separate, standalone requirement that applies anywhere a stopped emergency vehicle or tow truck is encountered, not only within a designated zone.
Reported penalties
A first conviction is commonly reported to carry 3 demerit points, with a fine described in various sources as falling within a few hundred to a couple of thousand dollars — reported figures differ, so the amount printed on your own ticket, or confirmed through the court office named on it, is the reliable number for your specific case. Sources also describe meaningfully higher reported penalties for a second or subsequent conviction within five years, including a higher fine range and the possibility of a licence suspension, though exact figures vary by source and can change, so treat any specific number you’ve seen elsewhere as approximate rather than settled.
Why this rule exists
The move over law responds to a well-documented risk: officers, paramedics, firefighters, and tow operators working at the roadside are vulnerable to passing traffic, and a number of roadside deaths and injuries have been linked to vehicles that didn’t slow down or move over. Police services in Ontario have reported periodically increased enforcement of this rule, particularly around long weekends.
How These Tickets Usually Happen
These tickets are typically issued by an officer who directly observes a vehicle fail to slow down or move over while passing a stopped emergency vehicle or tow truck — sometimes the officer at the stopped vehicle itself, and sometimes another officer monitoring the same stretch of road specifically for this offence during a targeted enforcement period.
How to Fight a Move Over Ticket
Because this offence depends on whether moving over was actually possible safely at that moment — given surrounding traffic, lane availability, and road conditions — that factual question is usually central. Requesting disclosure to see the officer’s notes on traffic conditions and lane positioning at the time is a reasonable starting point, as described in the general process for fighting a ticket. This is general information only and isn’t an assessment of any specific ticket.
Frequently Asked Questions
Does the move over law apply to tow trucks?
Yes. The law was extended to cover tow trucks stopped on the shoulder with amber lights activated, in addition to police, fire, and ambulance vehicles.
What if I can't safely move over?
The law only requires moving over where it can be done safely. If it can't, you're still expected to slow down and proceed with caution rather than pass at normal speed.
How many demerit points does a move over conviction carry?
A first conviction is commonly reported to carry 3 demerit points. Reported fine figures vary by source, so the amount on your ticket is the reliable number for your case.
Sources
Charged Under the Move Over Law?
If you’ve been charged and want to discuss your options with a traffic ticket lawyer, reach out now for a free consultation.