Question: I was involved with a minor accident recently and the officer charged me with Change Lane – Not in Safety.
The Offense Notice cites Secton 142(1) of the Highway Traffic Act.
Any information I have found online about Section 142 has to do with School Busses – which had nothing to do with this incident.
Is ths the correct section? If not.. is this grounds to have the Offense dismissed?
Answer: Section 142 (1) of the Highway Traffic Act reads:
“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).”
It appears that the Officer has issued the charge under the correct section of the HTA. That does not mean however that you do not have a defence to the charge. If you would like to review your charge with one of our staff, please feel free to contact us at 1-866-801-8299.
Amanda, Licenced Paralegal