[37] Bill 33 As Amended by Standing Committee (PDF)

Bill 33 2001

An Act to amend
the Highway Traffic Act
to prohibit persons from riding
on the outside of a motor vehicle

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The Highway Traffic Act is amended by adding the following section:

Riding in back of trucks prohibited

188.1 (1) No person shall drive a commercial motor vehicle on a highway while any person occupies the truck or delivery body of the vehicle.

Same

(2) No person shall occupy the truck or delivery body of a commercial motor vehicle while the vehicle is being driven on a highway.

Riding in trailers prohibited

(3) No person shall drive a motor vehicle on a highway while any person occupies a vehicle being towed or drawn by the motor vehicle.

Same

(4) No person shall occupy a vehicle being towed or drawn by a motor vehicle on a highway.

Identification of passengers

(5) Where a police officer or officer appointed for carrying out the provisions of this Act believes that a person is contravening subsection (2) or (4), the officer may require that the person provide identification of himself or herself.

Same

(6) Every person who is required to provide identification of himself or herself under subsection (5) shall identify himself or herself to the officer by surrendering his or her driver's licence or, if he or she is unable to surrender a driver's licence, by giving his or her correct name, address and date of birth.

Power of arrest

(7) A police officer may arrest without warrant any person who does not comply with subsection (6).

Regulations

(8) The Lieutenant Governor in Council may make regulations,

(a) exempting any person or class of persons and any vehicle or class of vehicles from subsections (1), (2), (3) and (4);

(b) prescribing conditions for the exemptions; and

(c) prescribing the circumstances in which the exemptions are applicable.

Same

(9) A regulation may prescribe different conditions and different circumstances for different classes of persons or vehicles.

Commencement

2. This Act comes into force on a day to be named by proclamation of the Lieutenant Governor.

Short title

3. The short title of this Act is the Jay Lawrence and Bart Mackey Memorial Act (Highway Traffic), 2001.

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act to prohibit persons from occupying the truck or delivery body of a commercial motor vehicle while the vehicle is being driven on a highway and to prohibit persons from occupying a vehicle that is being towed or drawn on a highway. The Bill also prohibits drivers from driving on a highway while a person is occupying the vehicle in contravention of these prohibitions. Persons or classes of persons and vehicles or classes of vehicles may be exempted from the prohibitions by regulation.

A person occupying a commercial motor vehicle or towed or drawn vehicle in contravention of the prohibitions may be required to identify himself or herself to police.

[37] Bill 33 Original (PDF)

Bill 33 2001

An Act to amend
the Highway Traffic Act
to prohibit persons from riding
on the outside of a motor vehicle

Her Majesty, by and with the advice and consent of the Legislative Assembly of the Province of Ontario, enacts as follows:

1. The Highway Traffic Act is amended by adding the following section:

Prohibition against outside riding

106.1 (1) No person shall ride or permit any other person to ride on the outside of a motor vehicle.

Exception

(2) Subsection (1) does not apply to,

(a) a fire department vehicle; or

(b) a motorcycle.

Same

(3) Subsection (1) does not apply to the following motor vehicles travelling at a rate of speed of less than 60 kilometres per hour:

1. A motor assisted bicycle.

2. A motor vehicle engaged in highway construction or maintenance.

3. A motor vehicle engaged in agricultural, horticultural or livestock raising operations.

4. A motor vehicle engaged in providing municipal services, including garbage collection.

5. A motor vehicle engaged in work, where the nature of the person's work requires the person to ride on the outside of the motor vehicle.

Regulations

(4) The Lieutenant Governor in Council may make regulations exempting any class of motor vehicle or passenger from subsection (1) and prescribing conditions for the exemptions.

Commencement

2. This Act comes into force on the day it receives Royal Assent.

Short title

3. The short title of this Act is the Highway Traffic Amendment Act (Outside Riders), 2001.

EXPLANATORY NOTE

The Bill amends the Highway Traffic Act to prohibit a person from riding on the outside of a motor vehicle or allowing another person to ride there. Specific exceptions are provided, including the case where a motor vehicle is engaged in work whose nature requires the person to ride on the outside of the motor vehicle.