In Ontario, certain moving violations can occur within parking lots. Often when we hear “tickets” we think of being pulled over on the road, however, there are certain tickets that can be issued in a parking lot.
While parking lots might seem like private spaces, some traffic laws still apply, and law enforcement can issue tickets for certain violations such as:
1. Stunt Driving – Section 172(1) of the Highway Traffic Act
In Ontario, stunt driving charges are applicable not just on public roads and highways but also in places “open to the public,” such as parking lots at shopping malls, hospitals, and schools. Law enforcement have emphasized that actions like 360-degree spins, burnouts, drifting, and donuts are now subject to charges.
Amendments to the Highway Traffic Act (HTA) extend these regulations to private property. Offenders face an automatic roadside 30-day suspension of their driving license and a 14-day impoundment of their vehicle, if convicted they face a minimum 1-year suspension of their driving license.
2. Fail to report (Duty to report accident) – Section 199(1) of the Highway Traffic Act
Every person in charge of a motor vehicle or street car who is directly or indirectly involved in an accident shall report the accident immediately to the nearest police officer and provide the officer the information concerning the accident as may be required by the officer under subsection (3) if,
(a) the accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation; or
(b) the accident involves any door of the motor vehicle that is open or opening coming into contact with a cyclist, a bicycle or a moving vehicle, even if the motor vehicle is stationary, stopped or parked.
While the HTA doesn’t explicitly mention parking lots, its provisions apply to areas open to the public. Additionally, municipalities may have their own bylaws that further regulate parking lots and traffic within their jurisdiction. These bylaws often mirror or supplement the HTA.
3. Failing to remain at the scene of an accident – Under the Criminal Code of Canada – Section 320.16 (1)
Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.
Law enforcement officers, including police officers and municipal bylaw enforcement officers, have the authority to enforce traffic laws in parking lots as well as on public roads. They can issue tickets or citations for violations observed in these areas, based on the applicable laws and regulations.
If you need help fighting a ticket you’ve received in a parking lot, contact us today.
