Vehicle Lamps And The Ontario Highway Traffic Act
THE FOLLOWING IS PERSONAL OPINION AND IS NOT LEGAL ADVISE
Just recently, it was brought to my attention that the left red tail lamp on my vehicle was not illuminating. It was suggested to me that I fix my vehicle’s left rear red tail lamp before I was issued a ticket. It would seem many people believe that in the Province Of Ontario a traffic ticket can be issued to a driver of a vehicle if the vehicle does not have two operating red tail lamps, or two operating white head lamps, or three operating brake lamps, or four turn signal lamps. It is a mystery to me where these beliefs come from. My viewpoint is they are not correct, if the vehicle is not a commercial vehicle nor a trailer. From the Ontario Highway Traffic Act:
Lamps
Lamps required on all motor vehicles except motorcycles
62. (1) When on a highway at any time from one-half hour before sunset to one-half hour after sunrise and at any other time when, due to insufficient light or unfavourable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 150 metres or less, every motor vehicle other than a motorcycle shall carry three lighted lamps in a conspicuous position, one on each side of the front of the vehicle which shall display a white or amber light only, and one on the rear of the vehicle which shall display a red light only. R.S.O. 1990, c. H.8, s. 62 (1).
Breaking the language down into layperson’s words: “highway” is a legal term for any public road, “lamp” is a synonym for “light”, and “amber” in this case means a typically yellowish colour. This means as long as a vehicle is driving on any public road, during the above mentioned conditions, it is only required to have three lights: two white or amber on the front, and one red on the back. What if the brake lamps are not working? From the Ontario Highway Traffic Act:
Signal for stop
(8) The driver or operator of a vehicle upon a highway before stopping or suddenly decreasing the speed of the vehicle, if the operation of any other vehicle may be affected by such stopping or decreasing of speed, shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to stop or decrease speed,
manually
(a) by means of the hand and arm extended downward beyond the left side of the vehicle; or
signalling device
(b) by means of a stop lamp or lamps on the rear of the vehicle which shall emit a red or amber light and which shall be actuated upon application of the service or foot brake and which may or may not be incorporated with one or more rear lamps. R.S.O. 1990, c. H.8, s. 142 (8).
The driver must correctly signal with either lamp or hand signal before stopping or suddenly slowing down if doing so will affect other traffic on the road. Both of these signal types must be visible to the other driver, so a hand signal indicating stopping or slowing down, for example, must be clearly seen by the other driver. Hand signalling in the dark of night is likely not something the other driver will see. What about turn signal lamps? From the Ontario Highway Traffic Act:
Mode of signalling turn
(3) The signal required in subsections (1) and (2) shall be given either by means of the hand and arm in the manner herein specified or by a mechanical or electrical signal device as described in subsection (6). R.S.O. 1990, c. H.8, s. 142 (3).
How to signal manually
(4) When the signal is given by means of the hand and arm, the driver or operator shall indicate his or her intention to turn,
(a) to the left, by extending the hand and arm horizontally and beyond the left side of the vehicle; or
(b) to the right, by extending the hand and arm upward and beyond the left side of the vehicle. R.S.O. 1990, c. H.8, s. 142 (4).
Signal lamps are not required on most vehicles if proper hand signals are used during proper conditions.
What this all comes down to is, other than the required three lamps required on the typical personal vehicle, the other lamps are there for convenience and added safety. Making sure all of the lamps on one’s vehicle are working properly is a good idea, I think, but one cannot be charged with a traffic offence if one does not violate the Highway Traffic Act.
© Trevor Dailey