A ticket for an unsafe lane change or illegal move is a minor/mid-level infraction:
In Ontario, making an illegal move onto the shoulder to pass or making an unsafe lane change may result in a traffic ticket contrary to the Ontario Highway Traffic Act section 154(1)(a). These behaviours might involve a collision (multiple or single vehicle) or it may be observed first-hand by an officer.
How Do I Receive a Ticket for Making an Unsafe Lane Change?
Wording used interchangeably with section 154(1)(a) of the Ontario HTA, and quite often found on the face of your ticket, states that a driver has made an “unsafe move – lane or shoulder.” To put it more elegantly, it is a section reserved for when a person makes an unsafe lane change, or when an illegal move is made on the shoulder of the road.
The applicable penalties are less severe than other offences in the Act, but drivers convicted for making an unsafe lane change will always lose demerit points on top of the court-imposed fine.
Penalties for Making an Unsafe Lane Change or Move
Court-imposed penalties;
- a monetary fine generally set by statute of $85.00, plus surcharge and court costs;
*Note a fine range between $85.00 and $500.00 exists if the ticket is issued as a Part III (more severe) infraction which has resulted in an accident.
A conviction for making an unsafe lane change will also guarantee the following MTO-imposed penalty;
- two (2) demerit points
While the acquisition of two (2) demerit points may not appear overly severe, this offence is a moving violation and a conviction may impact your insurance.
Defences:
Classified as being an offence of absolute liability, there are fewer defences outside of the traditional “prove-it” defence that may be explored. Additionally, how the offence has been laid may also impact what defences are available.