Speed limits don’t apply to a police officer’s car
Special traffic rules apply when cops are on the job, acting in the line of duty
Can cops legally speed when off-duty by claiming they were chasing a violator? Looking into this, I found the law has been amended on this issue.
Section 128(13) of the Highway Traffic Act (HTA) now specifies that speed limits don’t apply to “a police department vehicle” used by a police officer in the lawful performance of their duties, rather than just “a vehicle.”
Similarly, S. 144(1, 20) HTA now states an emergency vehicle must have a siren and red/blue lights activated to go through a red light. Formerly, any vehicle lawfully used by police fell under the definition of emergency vehicle for this section.
Therefore, an officer’s personal vehicle without police lights and siren has no special dispensation under the HTA. Can an off-duty cop, using their own personal vehicle, pursue a hit-and-run driver or fleeing criminal? I consulted a few cops on this topic and “pursue” seems the wrong word to use. If an off-duty officer decides to surreptitiously tail a hit-and-run driver or a fleeing criminal, they would wisely do so while obeying all the normal rules of the road — and only after first calling 911 to summon on-duty police.
Additionally, even the most ardent critic wouldn’t expect an off-duty officer to place his or her own family or other passengers in their car at risk to chase another driver. Traffic stops are dangerous due to passing high-speed traffic, and the person stopped might be impaired, wanted, dangerous or armed.
In real life, police are mandated to avoid high-speed pursuits wherever possible
Unlike fictional TV shows glorifying pursuits, I recall an on-duty York Regional Police officer being commended for discreetly following an armed robbery suspect’s car to a residence, where the person was arrested without incident by tactical officers. In real life, police are mandated to avoid pursuits wherever possible as these endanger the public, police and even the violator. Is a volunteer firefighter’s personal vehicle afforded emergency vehicle status when responding to a call?
In Ontario, S. 62(16) HTA allows full-time and volunteer firefighters to use a flashing green light in their own car when responding to an emergency. Other traffic is asked to yield as a courtesy, but the firefighter must obey all normal traffic laws. Only officially designated, fully marked “fire department vehicles” have emergency vehicle status under the HTA to use red lights and siren. Email your non-mechanical questions to Eric Lai at Due to the volume of mail, personal replies cannot be provided.