Odd — but true — traffic law peculiarities
ANDREW WALLACE/TORONTO STAR
No signs or objects, for example
'Baby on board', obstructing the driver’s view of the highway
are permitted on any window under S. 73(1)(a,b) of Ontario's Highway Traffic
Act.
SPECIAL TO THE STAR
In reviewing Ontario’s Highway Traffic Act, one
can’t help but notice some seemingly contradictory approaches this
legislation takes to certain topics. Granted, the authors of the law
must have had their reasons for each of these decisions but, on its
face, some aspects of the HTA do seem at odds with each other. Here are
some examples we’ve come across.
Under S. 74(1)(b) HTA, the rear window must afford the driver a clear
view. Yet, S. 74(2) HTA specifies that drivers haven’t committed a “no
clear view to rear” offence if their vehicle has (dual) outside mirrors —
which are standard equipment on virtually every motor vehicle today.
That fact notwithstanding, no signs or objects are permitted on any
window under S. 73(1)(a,b) HTA (e.g. “Baby on board”).
Throwing a gum wrapper, for example, out the car window could land
you a “litter highway” ticket under S. 180 HTA, but animal droppings
(such as from police horses) do not constitute an offence.
Having just one working tail light on your motor vehicle is
acceptable under the law, but heaven help you if your licence plate
light is out. Ref. S. 62(1) and S. 62(19) HTA.
Using paint to touch up a rusted or faded licence plate is a “deface
plate” offence under S. 12(1)(a) HTA. Leaving it in its naturally sorry
state, on the other hand, isn’t a violation.
Though not advocated, unbelted passengers over age 8 in the rear of a
pickup truck are legal. It’s not a violation either under seatbelt
legislation or as an “insecure load.”
Every passenger inside a motor vehicle must occupy a
seatbelt-equipped seating position and have their seatbelt, or
infant/child car seat if applicable, securely fastened. To comply with
the law, excess passengers might opt to take pubic transit where,
ironically, neither infant, child nor adult riders would need to wear a
seatbelt (as most buses are not manufactured with such equipment).
Speaking of buses, here’s a scary thought. If you were to buy a
full-size school bus without air brakes, repaint it any colour other
than chrome yellow, cover the words “school bus” and “do not pass when
signals flashing,” remove the stop arm, and take out all but nine seats,
the law permits you to drive that behemoth with just a class “G”
licence.
Normally, a class “B” licence — and the prerequisite training needed to obtain it — is required to drive a full-size school bus.
