HOV lanes in Ontario
HOV lanes are designated for specific types of vehicles and passengers, and they have different restrictions depending on the lane, signage, and kind of road. Typically, HOV lanes require a minimum number of passengers for vehicles to be allowed in the lane, and this minimum number may vary depending on the lane. Some HOV lanes may be reserved only for certain vehicles, such as buses, limos, or taxis. In contrast, others may require a designated green license plate that shows the driver’s commitment to a cleaner environment.
If you fail to meet the requirements for an HOV lane and are caught entering, travelling within, or exiting the lane, you will be committing a traffic violation. The penalties for these offences can affect your driving record and potentially your insurance premiums. Possible charges for violating HOV lane rules include “Improper use of high occupancy vehicle lane” and “Fail to obey lane sign”. It is essential to follow the criteria for each HOV lane to avoid any legal consequences.
Penalties for HOV Lane charges
- Three demerit points
- $110 fine
- Potential insurance rate increase
If you pay the fine for using the HOV lane or plead guilty, it will be recorded as a conviction on your driving record. This may cause your insurance premiums to increase, depending on your policy. However, it is considered a minor conviction for insurance purposes. As experts in this field, we recommend that you do not plead guilty or pay the fine.
Don’t Plead Guilty! Contact Us for a Free Consultation.
How to Fight HOV Violation Charges?
Hire a traffic lawyer or paralegal to represent you in court
* Remember, if you choose to simply pay the fine and not go to court, you are pleading guilty
It is highly recommended that you seek legal representation immediately if facing HOV charges. Having a lawyer represent you will significantly improve your chances of winning in court and avoid hefty penalties. If you choose not to hire representation, you must be ready to go through the complicated process alone.
Why Hire a Traffic Lawyer?
As previously stated, hiring a traffic lawyer can improve your chances of winning in court if caught with a HOV ticket. Fighting a ticket alone is time-consuming and requires relevant knowledge and experience to achieve positive results in court. Therefore, working with a professional lawyer like XPolice is highly recommended to avoid frustrating outcomes.
Learn more about HOV lanes and the penalties you could face.
Where Highway Divided into Lanes
154 (1) Where a highway has been divided into clearly marked lanes for traffic,
(a) a vehicle shall not be driven from one lane to another lane or to the shoulder or from the shoulder to a lane unless the driver first ascertains that it can be done safely;
(b) in the case of a highway that is divided into three lanes, a vehicle shall not be driven in the centre lane except when overtaking and passing another vehicle where the roadway is clearly visible and the centre lane is clear of traffic within a reasonable safe distance, or in preparation for a left turn, or where the centre lane is at the time designated for the use of traffic moving in the direction in which the vehicle is proceeding and official signs are erected to indicate the designation;
(c) any lane may be designated for slowly moving traffic, traffic moving in a particular direction or classes or types of vehicles and, despite section 141, where a lane is so designated and official signs indicating the designation are erected, every driver shall obey the instructions on the official signs. RSO 1990, c. H.8, s. 154 (1); 2015, c. 14, s. 45.
Exception
(2) Where safety is not jeopardized, clauses (1) (b) and (c) do not apply to road service vehicles and clause (1) (c) does not apply to road-building machines or apparatus while engaged in the construction of a highway. RSO 1990, c. H.8, s. 154 (2).
Regulations for High Occupancy Vehicle Lanes
154.1 (1) Where a part of the King’s Highway has been divided into clearly marked lanes for traffic, the Minister may by regulation designate any lane as a high occupancy vehicle lane for that part of the King’s Highway and may make regulations,
(a) limiting the designation to specified months or times of the year, days, times, conditions or circumstances;
(b) limiting the use of high occupancy vehicle lanes to vehicles, or any class or type of vehicles, with a specified number of occupants, and prescribing conditions and circumstances for such use;
(c) regulating the use of high occupancy vehicle lanes, including prescribing rules of the road applicable to the use of the lanes, exemptions from any requirement in this Part or in a regulation maKing’ser this Part applicable to the use of the lanes and conditions and circumstances for such exemptions;
(d) providing for the erection of signs and the placing of markingsKing’sentify high occupancy vehicle lanes and the entry and exit points for high occupancy vehicle lanes;
(d.1) providing for the posting of signs on any part of a highway designated as having a high occupancy vehicle lane that is in a construction zone designated under subsection 128 (8);
(e) prescribing the types of the signs and markings referred to in clause (d), instructions to be contained on them and the location of each type of sign and marking. 2005, c. 26, Sched. A, s. 25; 2019, c. 8, Sched. 1, s. 31 (1).
Construction Zone
(1.1) Where a construction zone designated under subsection 128 (8) includes a high occupancy vehicle lane or part of a high occupancy vehicle lane designated under subsection (1), the official authorized under subsection 128 (8) may authorize a temporary change of the commencement or end of the part of the high occupancy vehicle lane that is within the designated construction zone, and any such change shall not become effective until the highway or portion of it affected is signed in accordance with the regulations. 2019, c. 8, Sched. 1, s. 31 (2).
Regulation May be General or Specific
(2) A regulation made under subsection (1) may be general or specific in its application and may apply differently to different classes or types of vehicles. 2005, c. 26, Sched. A, s. 25.
Offence
(3) No person shall drive a motor vehicle in a high occupancy vehicle lane or enter or exit a high occupancy vehicle lane except in accordance with this section and the regulations made under it. 2005, c. 26, Sched. A, s. 25.