THUNDER BAY — It may come as a surprise to many drivers to learn that Ontario's Highway Traffic Act does not ban motorists from passing on a solid double yellow line.
That would change under a bill proposed by a Northern MPP.
Current legislation does state that drivers cannot cross into the oncoming lane when there is an oncoming vehicle, or when approaching the crest of a hill, a curve, or within 30 metres of a bridge, tunnel or railway crossing.
Police in Ontario have the ability to issue a ticket for unsafe passing in any situation, but unlike in other provinces there is no specific prohibition against crossing a double line.
The NDP member for Mushkegowuk-James Bay, Guy Bourgouin, will introduce a bill in the legislature on Nov. 21 that would make it illegal to overtake another vehicle on a solid double line.
"This will prevent vehicles, including heavy trucks, from passing or attempting to pass on the left when the left lane is in the opposite direction. This is currently a recommendation by law but is not prohibited," he wrote in a letter to northern municipal councils.
Thunder Bay-Superior North NDP MPP Lise Vaugeois said she strongly supports her colleague's proposal.
"Not crossing a double yellow line is the law in other parts of the country," Vaugeois said. "In Ontario, it's just a suggestion. We do see people pass on double lines. They are there for a reason...They're there because it's not safe to pass."
Vaugeois said highway safety is the issue she hears more about than any other.
"We've got people using cams on the front of their vehicles, recording trucks on both sides of double lines going in the same direction, which is extremely dangerous. It's frightening for the car drivers and, frankly, it's probably frightening for the truck drivers as well. So making it illegal, I think that's an excellent first step."
She noted that when private member's bills are introduced at Queen's Park there's uncertainty about whether there would be government support, but hoped there would be in this case.
"There's clear logic to it. If people are going to receive serious fines for crossing double yellow lines, there's more incentive for the drivers to abide by those rules."
Vaugeois argued the bill would serve as a deterrence to all drivers, not just truckers.
"It's got to be a general deterrence for all. I've been very focused on truck driving, but we also get lots of complaints about drivers who are not professional drivers who are not driving as carefully as they need to for people to remain safe."
Bourgouin is asking Northern Ontario municipal councils to support his bill.
In his letter, he noted that one of his constituents was almost killed on Highway 11 last year due to an attempt to pass on two solid yellow lines.
"In our Northern communities, which are centred around both highways 11 and 17...the effects of this [passing] manoeuvre are known and devastating," he wrote.
Bourgouin's bill proposes a fine of $400 and three or more demerit points.
A Ministry of Transportation spokesperson did not respond directly Tuesday to a Dougall Media inquiry as to whether the province might consider changing the Highway Traffic Act.
Instead, the ministry issued a statement.
"Ontario's laws already provide the ability to enforce offences where appropriate if a driver is operating their vehicle unsafely including disobeying signage or improper passing. The ministry regularly reviews its policies and practices to see if they are in keeping with current research findings and best practices worldwide," the statement reads.
The statement also noted that Ontario has ranked within the top five jurisdictions in North America over the past 22 years with the lowest fatality rates per 10,000 licensed drivers.
The Ontario Trucking Association has not responded to a request for comment on Bourgouin's proposed legislation.