Turn signals not always required, but safer to use
Late at night, with no other cars around, I turned into my driveway without signalling. Police, who were parked in the plaza across the street, came over and warned me that I must always signal, no exceptions. Is this the law?
Eric Lai replies: Section 142(1) HTA requires that drivers first check that a turn or lane change can be made in safety and, if the operation of any other vehicle may be affected, they must clearly signal their intention to make the movement. Signalling every time is safest, since an unseen cyclist, pedestrian or other motorist could be affected. But the section does require another vehicle driver/operator to be affected to necessitate signal use, and this has been successfully argued in court.
Stephen Parker, a licensed paralegal with Pointts PC in Mississauga (pointts.com), replies:
In a recent case, a driver made a right turn into his apartment complex without signalling. Police followed him into the lot and demand- ed identification. The driver refused and was charged with several Criminal Code offences, including resisting arrest, assaulting police and obstructing justice, as well as “fail to signal turn” under S. 142(1) HTA.
All charges were dismissed at trial as there had been no evidence presented that the officer driving the cruiser had been affected by the lack of signal, as is required by the section for a violation to occur. Therefore, since no HTA offence had been committed, the driver was not obliged to comply with the officers’ demands to identify himself and was entitled to resist the arrest, which the court deemed unlawful.
The front-turn signals on many newer cars are small, not very bright and difficult to see when masked by daytime running lights. Who regulates vehicle equipment in Canada?
Eric Lai replies: New vehicle lighting requirements are dictated by Transport Canada. The HTA regulates that signals are used when necessary. If signal lights fail, using arm signals out the window where needed will satisfy the law until you get to a repair shop.
Can I be ticketed if my daytime running lights aren’t working?
Bob Nichols of MTO replies: No. Daytime running lights aren’t required by law, though full headlights must be activated in daytime if visibility drops below 150 metres due to bad weather. Email your non-mechanical questions to Eric Lai at wheels@thestar.ca. Due to the volume of mail, personal replies cannot be provided.