Turn not in Safety

Where a driver makes a turn the obligation is upon them to ensure it can be made safely

Turn not in Safety – Highway Traffic Act s.142.1

Turn not in Safety s.142
The turning laws of the Highway Traffic Act put two obligations on drivers:

  1. the movement must be made safely
  2. must signal other drivers who maybe affected

Movement in Safety

The law puts an obligation upon the driver turning that where they want to turn:

  • at a driveway
  • into a private road
  • at any intersection
  • to leave the roadway
  • from one lane for traffic to another lane

–  that the movement can be made in safety, even if another driver is doing something wrong or improper.

Fail to Signal Lane Change

Where the driver makes such a movement as mentioned above, and:

  • another vehicle MAY be affected,
    • drivers are required to give a plainly visible signal
      • of the intention to make the movement

Related Charges: Careless driving, Fail to Yield, Unsafe Lane Change

Penalties

The penalty for turning not in safety is:

  • 2 demerit points
  • out of court fine of $110.00
    • maximum fine of $500.00
  • conviction appears on driving abstract for 3 years
  • can affect insurance rates

What is a Victim Fine Surcharge

The provincial government adds a victim fine surcharge (VFS) to every non-parking fine imposed under the Provincial Offences Act.

The money is deposited into a special fund to help victims of crime, to which:

  • The amount of the VFS is usually 20 per cent of the imposed fine.
    • For example, a $100 fine would result in a $20 surcharge.
    • Fines over $1,000 carry a surcharge of 25 per cent.

Demerit Points

Turn not in safety tickets have 2 demerit points.

Demerit Point Interviews

If you have to attend an interview, you will get a letter (Notice of Interview) to notify you of the time, date and location of the meeting. If you do not attend your licence could be suspended.

The fee for a demerit point interview is $50 and must be paid in person at any Service Ontario Centre.

You can pay the fee when you receive the Notice of Interview or within 10 business days of attending the interview.

Failure to pay the interview fee will result in the cancellation of your driver’s licence.

Traffic Accidents

Where a driver makes a turn, the driver is always responsible to ensure that the movement can be made in safety, even if the other driver does something illegal or improper.

For example:

The driver at an intersection waits for the light to turn red and starts his turn.  A car coming the other way goes through the red light and a collision occurs.

The police officer charges the driver with “Turn not in Safety”.

The officer charges the turning driver, because:

  • before making the turn
    • they had an obligation
      • to make sure that the way was safe,
    • even though the other driver went through a red light

The officer tells the turning driver that they should have looked, saw the car approaching, realized it was not safe to turn and waited.

But the other driver went through a red light! The officer would state that,

  • yes the other driver went through a red light, but
    • the accident was caused because a driver turned in front of a moving vehicle
      • because another driver makes a mistake, is the reason for the law being there

Both drivers made an error in driving,

  • driver 1, turned when it wasn’t safe
  • driver 2, went through a red light

The officer should charge the other driver with Disobey Red Light – Fail to Stop.  The accident would be the fault of the turning driver.

Suspensions

There is no licence suspension for a turn not in safety ticket.

Default Fine Suspension

Any driver maybe suspended where a fine goes into default.

Where the licence is suspended for an unpaid fine, the licence will be suspended until the payment is made to the court.

The reinstatement fee is $281.00.

Demerit Point Suspensions

The accumulation of demerit points can result in a licence suspension.

Insurance Implications

Where a conviction appears on the driving record for turning not in safety, the conviction affects the insurance rates.

When an accident has occurred the incident will affect the insurance because:

  • a conviction registered on the driving record, or
  • a claim made for damages from the accident

Disputing or fighting the ticket is recommended and may reduce the insurance implications.

Many times although the driver was at fault, the traffic ticket can be dropped or reduced for technical reasons.

Insurance Companies

The way the insurance company learns about your traffic ticket is:

Each insurance company is a private company with their own set of rules and standards.

Driving Records/Abstracts

The Ministry of Transportation keeps driving record for all Ontario drivers.

Convictions stay on the driving record for 3 years from the conviction date.  Demerit points stay on the driving record for 2 years from the date of offence.

Demerit points do not affect insurance rates, insurance companies only look at convictions and licence suspensions to base rates upon.

Driving abstracts are available to anyone who has the drivers licence number for a fee payable to the Ministry of Transportation.

Insurance companies and the public can have access to the last 3 years of the driving record.  The police and authorised agencies can obtain the complete driving record.

Therefore the way the insurance company will finds out about the ticket is;

Each insurance company is a private company with their own set of rules and standards.

Summons to Appear

Police officers can issue a traffic ticket with either a fine or by using a summons to appear in court.

Where the fine for the offence is in excess of $500 the officer must use a summons to appear.

The police officer may issue the summons to appear where they believe the incident is of a serious nature requiring an appearance before the court, or where the officer is requesting a higher penalty than the out of court fine.

If a police officer issues a summons to appear, the driver or their legal representative must appear before the Justice on the date specified by the officer.

Where they do not appear, a bench summons can be issued by the Justice requiring the police to arrest the driver and bring them before the court.

Legal Definition

Signal for left or right turn

142 (1) The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety, and if the operation of any other vehicle may be affected by the movement shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement.

Signal when moving from parked position

(2) The driver or operator of a vehicle parked or stopped on the highway before setting the vehicle in motion shall first see that the movement can be made in safety, and, if in turning the vehicle the operation of any other vehicle may be affected by the movement, shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement.

Mode of signalling turn

(3) The signal required in subsections (1) and (2) shall be given either by means of the hand and arm in the manner herein specified or by a mechanical or electrical signal device as described in subsection (6).

How to signal manually

(4) When the signal is given by means of the hand and arm, the driver or operator shall indicate his or her intention to turn,

(a) to the left, by extending the hand and arm horizontally and beyond the left side of the vehicle; or

(b) to the right, by extending the hand and arm upward and beyond the left side of the vehicle.

Idem
(5) Despite clause (4) (b), a person on a bicycle may indicate the intention to turn to the right by extending the right hand and arm horizontally and beyond the right side of the bicycle.

Requirements for signalling device

(6) A mechanical or electrical signal device shall clearly indicate the intention to turn, shall be visible and understandable during day-time and night-time from the front and from the rear of the vehicle for a distance of 30 metres, and shall be self-illuminated when used at any time from one-half hour after sunset to one-half hour before sunrise.

Signalling devices to be used only for purpose of indicating turn

(7) No person while operating or in control of a vehicle upon a highway shall actuate the mechanical or electrical device referred to in subsection (6) for any purpose other than to indicate a movement referred to in subsection (1) or (2).

Signal for stop

(8) The driver or operator of a vehicle upon a highway before stopping or suddenly decreasing the speed of the vehicle, if the operation of any other vehicle may be affected by such stopping or decreasing of speed, shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to stop or decrease speed,

manually
(a) by means of the hand and arm extended downward beyond the left side of the vehicle; or

signalling device

(b) by means of a stop lamp or lamps on the rear of the vehicle which shall emit a red or amber light and which shall be actuated upon application of the service or foot brake and which may or may not be incorporated with one or more rear lamps.

Definition

(9) For the purposes of subsections (1) and (8),

“vehicle” includes a street car equipped with turn signals or brake lights, as the case may be.

Case Law

R. v. Trevisan, 2009 ONCJ 34 (CanLII)
2009-01-30 | 22 pages offence of turn-not in safety — actus reus — turn — motor vehicle — westbound
[…] of offence number 1260-88072586, Jessica M. Trevisan stands charged that she on the 11th day of February, 2008 at Plains Road East at Cedarwood Place, in the City of Burlington, did commit the offence of “Turn – Not in Safety”, contrary to the Highway Traffic Act, R.S.O. 1990, c. H.8 , as amended, section 142(1) . […] [4] The defendant is charged with the offence of turn-not in safety, contrary to subsection 142(1) of the Highway Traffic Act . […] [6] In his decision in the case of Regina v. Dillman, [2008] O.J. No. 1120 (Ont. C.J.) , Duncan Ont. Ct. J., determined that the offence of turn-not in safety set out in subsection 142(1) of the Highway Traffic Act was an offence of strict liability. […]

 

R. v. Benedict, 2012 ONCJ 169 (CanLII) 2012-01-12 | 8 pages
driver — longboarding — defence of due diligence — crest of the hill — Turn not in Safety
[…] The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety, and if the operation of any other vehicle may […] It has been said that there is a heavy onus on a left turning vehicle to ensure that the turn can be made in safety; Payne v. Lane, [1949] O.J. No. 65, [1949] OWN 284 (Ont. H.C.) […] [21] I accept that ‘safety requires that the left turning driver make allowances for the predictable shortcomings and potential negligence of drivers who may soon appear.’ To this I would add that it is not only other drivers of which the left turning driver should ‘make allowances for the predictable shortcomings and […]

 

Durham (Regional Municipality) v. Katsikaris, 2019 ONCJ 727 (CanLII) | 2019-10-02 | 15 pages
traffic — northbound — southbound — lights — collision – Turn not in Safety
[…] [1] On July 5, 2018, Stavros Katsikaris was charged with “turn not in safety” at the intersection of Thornton Road North and Adelaide Avenue West in Oshawa, contrary to subsection 142(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 , as amended [“HTA ”]. […] [2] For the reasons that follow, I find Stavros Katsikaris guilty of the charge of ‘turn not in safety’, contrary to subsection 142(1) of the HTA . […] He did not first see that this left-turn movement could be made in safety, as he proceeded to turn left at the intersection when his vehicle collided with a northbound vehicle that he failed to observe travelling straight through this intersection on a green light. […]

R. v. Pereira, 2009 ONCJ 222 (CanLII) 2009-05-13 | 16 pages | cited by 2 documents
lane-change manoeuvre — vehicle — lane-change movement — side-view mirror — offence of unsafe lane change
[…] [5] In Regina v. Dillman, [2008] O.J. No. 1120 (Ont. C.J.) , it was determined that the offence of “turn-not in safety”, under subsection 142(1) of the Highway Traffic Act , was an offence of strict liability. […] [7] While I acknowledge that the aforesaid reasoning relates to the offences of “turn-not in safety”, “change lane-not in safety” or “leave roadway-not in safety”, contrary to subsection 142(1) of the Highway Traffic Act , I am of the view that the reasoning is equally applicable to the offence of “unsafe lane change” […] Subsection 142(1) provides that a driver of a vehicle on a highway, before making a turn, including a turn from one lane for traffic to another lane for traffic, “shall first see that the movement can be made in safety”. […]

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