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Snow or Ice on Vehicle Contrary to Section 181.1 of the Highway Traffic Act
Question: Can you be charged in Ontario for driving without brushing snow or ice off your vehicle?
Answer: Yes, Ontario drivers can be charged if snow or ice is left on a vehicle in a way that could fall or slide off and endanger others under Highway Traffic Act, R.S.O. 1990, c. H.8 s. 181.1, with fines ranging from $50 to $500 for passenger vehicles and $100 to $1,000 for commercial vehicles. If you’ve been ticketed or charged, MuskokaCriminal.Law™ is a Criminal Defence Team serving Ontario and can review the allegations and advise on next steps for your defence.
How Much Can a Person Be Fined For Failing to Remove Snow From a Vehicle?
Vehicles Must Be Cleared of Ice and Snow So As to Avoid Being Dangerous. The Fine For Failing to Do So Ranges Between $50 and $500 For Passenger Vehicles and Between $100 and $1,000 For Commercial Vehicles.
Understanding the Requirements of Clearing Snow and Ice From Vehicles and Applicable Fines For the Failure to Do So
The law requires the removal of snow and ice from a vehicle prior to operating the vehicle upon public roadways. The law is intended to help ensure safety by minimizing the risk that snow or ice may fall from, or slide off, a vehicle resulting in damage to other vehicles or to other objects as well as to prevent possible injury to persons.
The Law
In 2014, the Highway Traffic Act, R.S.O. 1990, c. H.8, was amended via the Highway Traffic Amendment Act so to section 181.1 for the purpose of imposing a legal obligation to adequately remove snow and ice from a vehicle prior to driving. Specifically, the law states:
Penalty for driving with dangerous accumulation of snow or ice
181.1 (1) No person shall drive a motor vehicle upon a highway if snow or ice has accumulated on the motor vehicle, or on a vehicle or trailer drawn by the motor vehicle, in a manner that would pose a danger to other motor vehicles on the highway if the snow or ice were to fall or slide off.
Penalty
(2) Every person who contravenes subsection (1) is guilty of an offence and on conviction is liable to a fine of not less than $50 and not more than $500.
Penalty, commercial motor vehicles
(3) Every person who contravenes subsection (1) while driving a commercial motor vehicle is guilty of an offence and on conviction is liable to a fine of not less than $100 and not more than $1,000.
Potential Penalties
As shown above, the penalties for driving a vehicle without adequately removing snow and ice is between $50 and $500 for matters involving a private vehicle or between $100 to $1,000 for matters involving a commercial vehicle. Additionally, upon conviction a driver may become subjected to increased insurance premiums, among other concerns.
Summary Comment
Drivers must remove snow and ice from vehicles or face fines, among other adversities, upon failure to remove snow and ice from vehicles so to remedy potential danger.
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