Where you may leave a car
'Parking' is defined by traffic by-laws as keeping a vehicle stationary for a period longer than reasonably necessary for the loading or unloading of goods or people.
A vehicle can be parked whether it is occupied or not. However, it is deemed 'not parked' when it is stationary for a reason beyond the control of the driver or person in charge.
There are only two instances when you can legally park on a public road:
In an authorised parking place, such as the verge on a country road, or a meter bay, where you have the right to park, provided you observe the regulations;
With the consent of a traffic officer, a police officer, a defence force officer or a traffic warden.
Illegal parking
The offences that may be committed by a motorist who parks a car illegally fall into three categories:
Obstruction of the traffic flow;
Failure to remove a vehicle after the permissible parking time expires;
Use of an area in which parking is forbidden or restricted.
OBSTRUCTION A traffic department can take action if it believes that the way a vehicle has been stopped or parked may cause an obstruction. Exceptions are:
If the vehicle has been stopped or parked to avoid causing an accident;
If the driver has complied with a traffic sign or a direction from a police officer;
If the reason for stopping is beyond the control of the driver.
It is illegal to park on a freeway. The yellow line near the verge of the road surface indicates the limit of a stopping area in which a vehicle may be brought to rest in cases of an emergency only, such as a mechanical breakdown.
To avoid prosecution, and possibly civil liability, ensure that you pull your car well to the side (not just the left side), and that no part of your car (or trailer) protrudes into the roadway. Where possible, rather park on highway grass verges.
In many urban areas parking is not permitted on main thoroughfares during peak hours even where metered or other parking bays are provided. 'Limited hours, no parking' is indicated by a modified no-parking sign which, in addition to a 'P' with the red stroke drawn through it, shows the hours during which parking is prohibited.
Similar signs, which show the letter 'S' in the place of 'P', prohibit stopping during the hours indicated.
Signs that restrict the hours of parking apply to adjacent parking bays within 75m of the signs. Bays that are within 2,5m of each other are accepted to be adjoining.
Vehicles parked illegally in a no-stopping zone can be towed away and impounded by the local traffic department.
Dangerous parking
It is illegal to park or stop a vehicle in a place likely to constitute a danger to other traffic, as well as pedestrians. Examples include:
At a road junction or bend;
On the right-hand side of the road, facing oncoming traffic;
On a traffic island, pedestrian mall or pedestrian lane.
You may not park in such a way that your vehicle encroaches on a pavement. Such an offence would be more seriously viewed by the courts than, say, exceeding the permissible time at a parking meter. If a pedestrian was injured by having to go on to the roadway to walk around an encroaching vehicle, the person who parked the vehicle may be held partly liable.
Although there is no specific charge of 'dangerous parking', the seriousness of a charge of illegal parking would depend on the danger posed by the way in which an offending vehicle was parked.
Parking meters
You may park your vehicle in a parking meter bay provided:
You do so within the periods allowed by a 'limited hours, no parking' (or 'no stopping') sign;
You insert the prescribed fee into the meter during the prescribed hours;
You do not park for longer than the maximum time indicated on the meter or a traffic sign within 75m of the parking bay and on the same side of the road;
You move your car after it has occupied a parking bay for the maximum period allowed by a meter or sign. You may not drive the car out of the parking bay and then immediately drive back again. The parking bay must be vacated so that it is available for use by another motorist.
Parking in meter bays is free outside the prescribed hours and the maximum permissible periods may be exceeded without prosecution. At other times, the correct coin must be inserted into the meter as soon as is reasonably possible after you leave your car. You cannot use a meter bay as a 'waiting area'. In fact, you can be ordered to drive on if you do not insert the correct money into a meter within a reasonable time after pulling into the bay. If you leave your car to go into a shop for small change for the meter, you can still be prosecuted.
No payment is required if a meter registers unexpired time; but if further time is required, payment must be made when parking. If you wait until the end of an unexpired period before inserting another coin, this could result in the car remaining in the parking bay for longer than the total maximum permissible time. (See fines.)
Where to park
A vehicle must be parked on the left-hand side of a public road in an urban area so that the outer edge of either left-hand wheel is not more than 450mm from the kerb. The left-hand wheels may be further from the kerb only if the whole of the vehicle is in a demarcated parking area, such as a parking bay, or where the vehicle is legally parked at an angle to the kerb.
In a one-way street, parking will not necessarily be allowed on the left-hand side. It may be allowed only on the right-hand side, or even on both sides, but the wheels furthest from the centre of the road will still have to be within 450mm of the kerb.
No lights need be shown by a motor vehicle parked within 12m of a lighted street lamp on a public road at night. (If lights have to be shown, use your fog lamps or parking lamps. If your head lamps are on while you're parking, ensure that their main beams are off.)
Motorcycles
Motorcycles (without a side-car) and scooters may be parked free in areas marked for them. Motorcycles with side-cars must use parking bays in the same manner as cars. Some cities and towns allow motorcycles to be parked inside the area of a yellow 'no-parking' line, adjacent to the kerb at intersections and approaches to pedestrian crossings. However, a motorcycle may not be parked so as to obstruct a pedestrian crossing, causing pedestrians to step outside the marked crossing area.
Parking in the country
Generally, you may not park your motor vehicle more than 1m from the edge of the tarred surface of a public road outside an urban area, unless the vehicle has broken down and cannot be moved.
A vehicle that has broken down must, however, be moved as far as possible to the side of the road. If the side of the vehicle nearest to the centre of the road is at least 1m from the edge of the road, its position should be indicated at night by lights.
WARNING TRIANGLE Commercial vehicles, including light delivery vans, trailers or 'bakkies', must carry a reflective warning triangle on public roads at all times. If the vehicle breaks down or has to be parked next to a roadside at night, the triangles must be placed on the edge of the roadway with the reflective surfaces facing oncoming traffic. The triangle must be not less than 45m in front of or behind the vehicle.
When vehicles can be towed away
A parked vehicle constituting a possible danger or obstruction may be towed away and impounded by the local traffic department. A traffic officer or member of the South African Police Service can order the removal of any vehicle causing such danger or obstruction.
A vehicle will be deemed to have been abandoned by its owner (and therefore liable to be removed by the police or a local authority) if it is left:
In a 'no stopping' area;
In an area reserved for a specific purpose - for example, buses;
With no registration number (or an unfixed or false one);
In the same place on a public road in an urban area for a continuous period of more than seven days;
For more than 24 hours in the same place on a public road outside an urban area. (See abandoned vehicles.)
Warning - The owner's responsibility
Any vehicle illegally parked is presumed to have been parked by the owner.
If you, as the owner of a car, are served with a summons for a parking offence committed by someone else using your car, you would have to prove to the court that you were not the driver at the time.
Exclusive parking bays
Vehicles that do not display appropriate tokens may not park in zones reserved for commercial, diplomatic or emergency service vehicles. These 'exclusive parking bays' are marked on the road in yellow paint as unbroken lines, with a yellow oval containing letters signifying the class of vehicle for which the bay is reserved.
LOADING ZONES Identified by the letter 'L', may be used only by goods vehicles. Private motorists may not park in a loading zone during normal business hours (usually from 8am to 6pm.) It is not an offence, however, to pull into a loading zone to load or unload goods, provided this is done as quickly as possible.
BUS STOPS AND LANES These are marked by the letter 'B'. It is an offence for private motorists to park here during the hours of a scheduled bus service operation.
A bus lane is indicated by broken yellow lines within the white lines demarcating a traffic lane: it ends at least 20m before an intersection where private vehicles may turn. No driver, other than the driver of a bus with a gross vehicle mass of more than 3500kg, may enter or be in a bus lane unless this is the only route to or from adjacent premises, and it is safe to do so. In addition to the broken yellow lines, a bus lane is identified by the word 'BUS' painted in yellow letters at regular intervals within the lane, and at right angles to the traffic flow.
A kerb-side sign showing a white bus silhouette on a white-bordered blue circle indicates the hours during which the lane is reserved for the exclusive use of buses. If no hours are indicated, the lane is reserved at all times.
EMERGENCY VEHICLES Zones reserved for ambulances and fire-fighting vehicles are marked with the letters 'A' and 'FB' respectively. It is an offence to park in these bays at any time of the day or night.
Other exclusive bays include those reserved for taxis 'T'; rickshas 'R'; disabled people, denoted by a drawing of a wheel chair and vehicles driven by the diplomatic corps 'DC'.
VEHICLE IMPOUNDMENT PROGRAM - IT'S YOUR VEHICLE, YOUR RESPONSIBILITY Tough Measures for Suspended and Impaired Drivers
Ontario's Vehicle Impoundment Programs are aimed at making the province's roads safer.
In Ontario, drivers who operate a motor vehicle while under license suspension can face one of two kinds of impoundment:
Vehicles driven in Ontario by persons apprehended for driving while their license is suspended for a Criminal Code conviction will be impounded for a minimum of 45 days;
Effective December 1, 2010, drivers caught driving with a driver’s license that is already under a specific Highway Traffic Act (HTA) suspension(s) - including default of family support, but not including suspensions for defaulted fines or medical conditions* will have the vehicle they are driving impounded for seven days.
Also effective December 1, 2010: Impoundments for:
Drivers required to have a vehicle ignition interlock device and who are caught driving without such a device; and
All drivers caught with a blood alcohol concentration (BAC) over 0.08 or who fail/refuse to comply with a demand (to provide a breath sample) made by a police officer under the Criminal Code of Canada (CCC).
These are in addition to the existing 7-day impoundment for drivers engaged in a race, stunt or contest on Ontario’s roads.
A series of helpful questions and answers are provided below to help explain how these two kinds of impoundments (Criminal Code and 7-Day) work:
Q&A: Driving While Under Criminal Code Suspension
How does the Vehicle Impoundment Program work for drivers caught operating a vehicle under a suspension for a Criminal Code conviction?
A driver caught driving while his/her licence is suspended for a Criminal Code conviction will be given an impoundment notice (issued by the Registrar of Motor Vehicles) by a police officer. The vehicle will immediately be towed to an impound yard for a minimum of 45 days. The vehicle owner or plate holder must pay the towing and storage costs before the vehicle is released at the end of the impoundment period.
Why was this Criminal Code impoundment program created?
Drivers who continue to drive while their licence has been suspended for a Criminal Code conviction show no regard for the law and put others at risk. In 2009, the Ontario Ministry of Transportation recorded almost 19,000 motor vehicle-related Criminal Code convictions. Most of those convictions were related to drinking and driving. Other convictions included driving while disqualified and fail to remain at the scene of a collision.
Who can have their vehicle impounded?
Any person caught driving while suspended in Ontario for a Criminal Code conviction will have the vehicle he/she is driving impounded. Regardless of whether the vehicle is borrowed from a friend or family member, used for business or employment purposes, rented or leased, the vehicle will be impounded. This program applies to all motor vehicle types including passenger vehicles, motorcycles, trucks and buses.
How much will it cost to get my vehicle back?
Vehicle owners/plate holders are liable for towing and storage costs and can expect to pay up to $1,800 for a 45-day impoundment period. In addition, suspended drivers may face fines ranging from $5,000 to $50,000 if convicted under the Highway Traffic Act for driving under a Criminal Code suspension.
Can I appeal the impoundment?
Yes, a vehicle owner/plate holder can appeal an impoundment on the following grounds:
Vehicle was stolen at the time of the impoundment;
Driver was not under a Criminal Code suspension;
Vehicle owner/plate holder exercised all reasonable efforts (i.e. due diligence) to ensure
that the driver had a valid driver's licence; or
Loss of the vehicle would result in exceptional hardship.
There is a $100 fee to file an appeal. In the event of a successful appeal, any towing and storage costs will be refunded. The filing fee to the License Appeal Tribunal is non-refundable.
What are my responsibilities as a vehicle owner/plate holder?
You are responsible for taking all reasonable steps, depending on your particular situation, to ensure that every person who drives your vehicle has a valid driver's licence. To verify a valid driver's licence through the Ministry of Transportation (MTO):
Call 1-900-565-6555 for an automated service. A cost of $2.50 per check will be charged to your phone bill. Please have the driver's licence number ready; or
Access MTO's website. Users may check more than one driver's licence number at $2.00 per
check payable by MasterCard or Visa; or
Obtain a driver's abstract at MTO's Driver & Vehicle Licence Issuing Offices ($12.00 per abstract)
or ServiceOntario kiosks ($13.00 per abstract).
What information is provided by MTO's automated driver licence check services?
The automated telephone and internet services provide information on the validity of a driver's licence as well as a verification number confirming a valid response. A valid response means that the driver's licence is not under suspension, is not expired, or has not been cancelled. Effective December 2002, this verification includes whether a driver has an ignition interlock condition on his or her driver's licence.
Q&A: 7-Day Vehicle Impoundment Programs
What are the 7-Day Vehicle Impoundment Programs?
Under the Road Safety Act, 2009, three new seven-day vehicle impoundments are effective December 1, 2010. These are in addition to the 7-day impoundment for drivers engaged in a race, stunt or contest on Ontario’s roads and include:
Drivers caught driving with a driver’s licence that is already under specific HTA suspension(s) - including those related to default of family support, failure to complete remedial measures, “warn range” (0.05 – 0.08 Blood Alcohol Concentration), Novice Driver Escalating Sanctions Program, demerit point accumulations, and careless driving - but not including suspensions for defaulted fines or medical conditions;
Drivers required to have a vehicle ignition interlock device and are found driving without such a device; and
Drivers with a blood alcohol concentration (BAC) over .08 (or who fail/refuse to comply with a demand made by a police officer under S. 254 of the Criminal Code)
Who can have their vehicle impounded?
Vehicle impoundment will apply to drivers suspended under Ontario’s Highway Traffic Act and its regulations. Drivers licensed in Ontario, unlicensed drivers, and drivers who are licensed by an out-of-province jurisdiction and are suspended from driving in Ontario are subject to impoundment.
Similarly, vehicle impoundment will apply to drivers with an ignition interlock condition under Ontario’s Highway Traffic Act and its regulations.
All drivers, regardless of licensing jurisdiction or status are subject to impoundment under the new legislation if they are caught driving with a BAC over 80 mg or refuse to comply with a demand made by an officer under the Criminal Code.
Why is the government introducing these new impoundments?
There is a growing problem of suspended drivers who are continuing to drive. Based on a review of Ontario data, it was determined that approximately 2,000 fatal and injury crashes occur each year involving unlicensed drivers (unlicensed being expired, never licensed, or suspended/revoked).
A 2005 U.S. study estimated that as many as three-quarters of suspended and revoked drivers continue to drive. Although they apparently drive less often, they are overrepresented in subsequent violations and are greatly overrepresented in fatal crashes.
Do these 7-day vehicle impoundments create additional revenue for the government?
Vehicle impoundment is an added sanction to the existing penalties. Payments for the associated costs (towing and storage) are not paid to the government.
It is estimated that as many as three-quarters of suspended drivers continue to drive. These drivers are much more likely to be involved in hit and run collisions.
Drivers suspended for reasons other than Criminal Code-related offences are five times more likely to attempt to flee the scene of a crash. Research also shows that drivers suspended for driving-related reasons are about two times more likely to violate driving laws than drivers with non-driving related suspensions.
How do these 7-day vehicle impoundments work?
Once the police officer has established that the vehicle is subject to impoundment the driver will be given an impoundment notice by the officer. The vehicle will then be immediately towed to an impound yard for 7 days. The vehicle owner must pay the towing and storage costs before the vehicle is released.
What is the exact process to get a vehicle out of impound?
These impoundments take place under police authority and they are not reported to MTO. As such, MTO is not involved in the release process. The way in which impounded vehicles will be released may vary among police services. It is important for drivers and vehicle owners to get release information and instructions from the police officer or police service that impounded the motor vehicle..
What are my responsibilities as a vehicle owner?
Even if the driver is not the vehicle owner, the vehicle will be impounded. If the driver is not the vehicle owner, the vehicle owner is notified by police and must pay all towing and storage fees to get their vehicle back at the end of the seven-day impoundment period. The vehicle owner may attempt to recover these costs from the driver through the courts. Our message is clear: if you are going to lend your vehicle to anyone, make sure they have a valid licence.
You are responsible for taking all reasonable steps, depending on your particular situation, to ensure that every person who drives your vehicle has a valid driver's licence. To verify a valid driver’s licence through the Ministry of Transportation (MTO):
Call 1-900-565-6555 for an automated service. A cost of $2.50 per check will be charged to your phone bill. Please have the driver’s licence number ready; or
Access MTO’s website. Users may check more than one driver’s licence number at $2.00 per check payable by Mastercard or Visa; or
Obtain a driver’s abstract at MTO's Driver & Vehicle Licence Issuing Offices or ServiceOntario kiosks. The fee is $12 per abstract.
Both the automated telephone and web service will provide a response of “valid – ignition interlock require” if the driver requires an approved ignition interlock device to legally operate a motor vehicle. A driver’s abstract will also indicate if the driver is subject to an ignition interlock condition for driving.
Why is the impoundment period for 7 days?
Seven days is long enough to remove the immediate danger to other road users posed by these dangerous driving behaviours. In addition, it is sufficient time for the driver to consider the consequences of their actions.
Can drivers appeal these 7-day vehicle impoundments?
Ontario’s three new vehicle impoundment programs are comparatively short in length and therefore do not have an appeals process. This is also the case for Ontario’s seven-day street racing impoundments.
What is the alternate program for commercial vehicles under the new 7-day vehicle impoundments?
Good carriers check the licence status of their drivers regularly. However, if a licence status changes between checks, and the driver is caught, a carrier will face significant financial and operational burdens with a 7-day vehicle impoundment.
To address this concern, the ministry has introduced an alternate program for larger commercial vehicles. Under this program, if the operator of a commercial vehicle is caught driving under an HTA-related suspension, including default of family support, the vehicle will not be subject to a 7-day impoundment if the driver has been suspended for less than 100 days.
This provides a reasonable time for carriers to conduct regular quarterly licence checks on their drivers. All drivers will continue to be subject to existing sanctions (i.e. driving while under licence suspension) regardless of whether the vehicle is impounded.
The alternate program is limited in scope. Commercial vehicles will be subject to the 7-day impoundment under the following circumstances:
The driver’s licence has been suspended for 100 days or more;
The driver has a blood alcohol level over .08; or,
The driver is in violation of an ignition interlock requirement.
Regardless of whether the commercial vehicle is impounded, any driver operating under a licence suspension will notbe permitted to continue their trip and will face additional sanctions (i.e. driving while under licence suspension).
Why is there an impound alternative for large commercial vehicles?
Carrier-related impound expenses can be much higher than those incurred by smaller vehicles. Typical towing and impoundment costs for these larger vehicles can run between $1,200 and $1,500. As well, there are logistical challenges and costs associated with sending a new driver and vehicle to complete the trip (only the motor vehicle is impounded, trailers may continue the trip).
There are also potential costs associated with replacing perishable cargo and equipment delayed by impoundment (e.g., livestock, cement mixer drum if concrete hardens), and the prospect of stranding passengers in the case of a bus impoundment.
