Section 110.5: Over-dimensional vehicle escorts

Ontario

Highway Traffic Act

Part VII: Load and Dimensions

Authority to direct traffic

(1) Where an over-dimensional vehicle escort, for the purposes of escorting a vehicle or combination of vehicles operating under a permit issued under section 110 or 110.1, considers it reasonably necessary,

(a) to ensure orderly movement of traffic;

(b) to prevent injury or damage to persons or property; or

(c) to permit proper action in an emergency,

he or she may direct traffic according to his or her discretion, despite the provisions of Part X, and every person shall obey his or her directions. 2017, c. 2, Sched. 17, s. 9.

Authority to close highways

(2) For the purposes of subsection (1), an over-dimensional vehicle escort may close a highway or any part of a highway to vehicles by posting or causing to be posted signs to that effect, or placing or causing to be placed traffic control devices, as prescribed in the regulations. 2017, c. 2, Sched. 17, s. 9.

Driving on closed highway prohibited

(3) Where signs or traffic control devices have been posted or placed under subsection (2), no person shall drive or operate a vehicle on the closed highway or part of a highway in intentional disobedience of the signs or traffic control devices. 2017, c. 2, Sched. 17, s. 9.

Exception to subs. (3)

(4) Subsection (3) does not apply to,

(a) the driver of a road service vehicle, an ambulance, a fire department vehicle, a public utility emergency vehicle or a police department vehicle;

(b) a firefighter, as defined in subsection 1 (1) of the Fire Protection and Prevention Act, 1997, driving a motor vehicle other than one listed in clause (a) while performing his or her duties; or

(c) an officer appointed for carrying out the provisions of this Act. 2017, c. 2, Sched. 17, s. 9.

Conditions and limitations on authority to direct traffic and close highways

(5) The authority to direct traffic under subsection (1) and to close highways under subsection (2) may be subject to conditions and limitations,

(a) prescribed by regulation;

(b) set out in a permit issued under section 110 or section 110.1, as the case may be; or

(c) imposed by the appointing authority that appointed the over-dimensional vehicle escort. 2017, c. 2, Sched. 17, s. 9.

Same

(6) A limitation imposed under subsection (5) may provide that the over-dimensional vehicle escort has limited or, despite subsection (1) or (2), as the case may be, no authority to direct traffic or to close highways. 2017, c. 2, Sched. 17, s. 9.

b

(7) Every person using a highway closed to traffic in accordance with this section does so at the person's own risk and the Crown or road authority having jurisdiction and control of the highway is not liable for any damage sustained by a person using the highway so closed to traffic. 2017, c. 2, Sched. 17, s. 9.

Appointment of over-dimensional vehicle escorts

(8) An appointing authority may appoint any person to be an over-dimensional vehicle escort and may impose conditions and limitations on any such appointment as described in subsections (5) and (6). 2017, c. 2, Sched. 17, s. 9.

Regulations

(9) The Minister may make regulations,

(a) designating appointing authorities for the purposes of this section;

(b) governing the appointment of over-dimensional vehicle escorts, including prescribing eligibility requirements;

(c) governing the identification of over-dimensional vehicle escorts and their vehicles, including prescribing any markings or signs to be displayed on their person and any markings, signs and lights to be displayed on their vehicles;

(d) prescribing conditions and limitations on the authority of over-dimensional vehicle escorts to direct traffic or to close highways;

(e) prescribing exemptions from any conditions or limitations imposed under clause (d) and prescribing conditions and circumstances for any such exemption;

(f) providing for the posting of signs and the placing of traffic control devices on any highway or any type or class of highway for the purposes of this section, and prescribing the types of signs and traffic control devices. 2017, c. 2, Sched. 17, s. 9.

Definitions

(10) In this section,

"appointing authority" means a person or entity designated by regulation made under clause (9) (a); ("autorité de nomination")

"over-dimensional vehicle escort" means a person appointed by an appointing authority to escort a vehicle or combination of vehicles operating under a permit issued under section 110 or 110.1. ("accompagnateur de véhicules de dimensions excessives") 2017, c. 2, Sched. 17, s. 9.

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© King's Printer for Ontario, 2012-2021. The text is not the official version of Ontario's Highway Traffic Act or associated regulations. For official text, refer to www.ontario.ca/laws.