Speakers Corner: The turn signal legal loophole

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How often do you use your turn signal? A man who was recently pulled over for failing to use his reached out to us for this week’s Speakers Corner report. Ronald Bourgeois says he did nothing wrong — and thanks to a little known loophole in the law, he may be right.

Bourgeois was driving at 5 a.m. on a rural road where no cars were in sight, well except one.

“A police officer pulled me over after I turned and failed to turn on the blinker,” he told us via email.

“It seems that some police have never heard that if there isn’t anybody around that needs to know which direction you are turning, then you do not need to signal your turn,” Bourgeois said.

He’s referencing section 142, subsection 1 of the Highway Traffic Act.

“The requirement to signal is only when, ‘any other vehicle’ may be affected,” said paralegal, Ryan Swalm, who’s primarily focused on defending Highway Traffic Act matters for clients.

“ ‘May be’ is the term where the confusion arises,” Swalm said. “The law is kind of silent as to what is a vehicle within the area. What is in the vicinity of your vehicle?  How close does it have to be? Unfortunately there isn’t a specific or prescribed distance as to what defines a vehicle that ‘may be’ in the area.”

Bourgeois informed the officer who pulled him over about this, to which the officer, according to Bourgeois, responded: “Would you like to test that with a judge.”

The issue has been tested in court before.

A driver in 2002, pulled over in Toronto for failing to signal, argued no other vehicles were in the vicinity when it happened.

The Ontario Court of Appeal ruled: “To make out the offence, it is only necessary to show that another vehicle may be affected and proof that another vehicle is actually affected is not required.”

“And the police officer, (who) pulled that man over, was obviously in the area,” Swalm said. “A police officer in trial referencing that ‘I was in the area, or other vehicles were in the area’ may be sufficient to establish a conviction.”

Swalm says you should always explore your legal options if pulled over. So what’s the best advice is to avoid it all together?

“Just use the signal,” he suggests. “It should be second habit in nature and it’s important.”

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