OPP say many drivers unaware of move over law after Windsor man charged on Highway 401

Police are reminding the public of the move over law, especially as there is an increase in emergency calls in the snow. CTV's Sanjay Maru has the details.

Ontario Provincial Police say many drivers remain unaware of Ontario’s move over law, despite it having been in place for more than two decades — a gap in knowledge they say continues to put roadside workers at risk.

The warning follows charges laid against a 42-year-old Windsor man after an incident Thursday on Highway 401 in Lakeshore, where police say he failed to slow down and move over for a stopped OPP cruiser and tow truck assisting at a collision.

Police allege the driver passed the emergency vehicles without leaving a buffer lane, as required under provincial law. After being stopped, officers say the driver — who was later found to be impaired — now faces multiple charges.

Under Ontario’s move over law, motorists approaching a stopped emergency vehicle or tow truck with flashing lights are required to slow down and, when it is safe to do so, move into another lane to create a buffer for those working on the shoulder.

Tow truck operators say that does not always happen.

“It’s pretty frustrating,” said Gabriel Bashir, owner of First Response Towing.

“We’re constantly looking over our shoulder.”

Police point to recent incidents elsewhere in the province as reminders of what is at stake.

An OPP officer escaped with minor injuries on Friday morning after his cruiser was rear-ended on Highway 401 in Pickering while he was assisting a tow truck with a disabled vehicle.

Late last year, two Ontario tow truck operators were killed in separate roadside collisions in the same month — one on Highway 401 south of Kitchener and another in Wellington County.

OPP Const. Jeff Beaumaster, a community engagement officer, said inattentiveness and lack of awareness remain common factors when drivers fail to comply with the law.

“It’s the driver’s responsibility to be aware of the law,” Beaumaster said, adding Ontario’s move over law has been in effect since 2003.

“Ignorance is not an excuse.”

Since 1989, five OPP officers have been killed in the line of duty on the roadside when they were struck by approaching vehicles.

According to Walter Martin of Off the Hook Paralegal in Windsor, enforcement does not always reflect how often the offence occurs.

Martin said he typically sees about 10 “move over” cases a year come through his office — not because violations are rare, but because officers are often already tied up with another traffic stop.

“When there’s only one cruiser dealing with a stop, they’re not leaving that vehicle to go after someone else,” Martin said.

But when wild weather starts to pick up, as it has in recent days across Canada, enforcement often increases as well.

“I’m on Highway 401 daily. Just yesterday, there was a tow truck assisting a vehicle with two or three OPP cruisers positioned to protect the scene because of the road conditions,” said Martin.

“When officers have that kind of presence, they’re able to go after drivers who don’t move over.”

For tow operators like Bashir, those moments highlight just how exposed roadside workers can be.

“Put the phone down and move over so we can all get home to our families.”