Driving Laws: Private Property Exemptions And Confusions

Driving laws vary depending on the location. In Ontario, Canada, driving laws do not apply on private property or in government parking lots. However, this does not mean that a driver can do whatever they want in a parking lot. If a driver commits a crime, such as driving while impaired, they can be charged with an offence by the police. Additionally, traffic signs in parking lots, such as stop signs, are not enforceable, but insurance companies may still consider a driver's disregard for safety when determining fault in an accident. It is important to note that the rules may differ in other provinces or states, and unsafe driving or stunt driving on private property can lead to charges under the federal Criminal Code.

Stunt driving on private property

In Ontario, Canada, stunt driving charges are a serious matter, with penalties including license suspension, fines, and even jail time. But do these laws apply on private property?

There is a common misconception that stunt driving charges only apply on public roads or highways. However, the key factor is whether the property is "open to the public". This includes parking lots of public facilities like shopping malls, hospitals, and schools, as well as roads and highways. So, even if you're on private property, if the area is accessible to the public, you can be charged with stunt driving.

The Highway Traffic Act specifically mentions "any parking lot, garage or structure, whether public or private, paved or unpaved, flat or multilevel, above or below grade, including any driveway or road that connects the parking lot to a highway" as places where stunt driving charges can be applied. This means that performing stunts in an empty parking lot can still result in charges.

It's important to note that private property refers to areas that are not "open to the public". So, if you're on someone's personal property that is not accessible to the general public, the stunt driving laws may not apply. However, other criminal codes, such as dangerous driving or DUI, can still be enforced on private property.

In summary, while stunt driving laws may not apply on private property in Ontario, it's important to remember that the definition of private property in this context is specific. Publicly accessible areas, including parking lots, are still subject to these laws, and stunt driving charges can have significant consequences.

Driving laws in parking lots

The applicability of driving laws on private property varies across different regions. In Ontario, Canada, a unique provision in its laws states that a person cannot be charged with a driving infraction if it occurs on private property or in a government parking lot. The only exception is if the driver commits a crime, such as impaired driving, in which case they can be charged by the police. In this context, private property includes heavily trafficked areas like shopping mall parking lots, multi-level parking garages, and municipal parking lots.

However, it is important to note that insurance companies will still consider drivers at fault in the event of an accident, even if it occurs on private property. Additionally, criminal laws such as dangerous driving and driving under the influence (DUI) can still be enforced on private property, and drivers can be charged accordingly.

In contrast, some regions, such as certain provinces in Canada and the US, consider parking lots as public spaces if they are "open to the public". In these cases, regular driving laws and traffic regulations do apply, and individuals can be charged for infractions such as stunt driving or failing to obey stop signs.

To summarise, while the enforcement of driving laws on private property, including parking lots, may vary depending on the specific region and its legal definitions of public and private spaces, it is always important to operate your vehicle in a safe and responsible manner, regardless of the location.

Traffic laws on private property

In Canada, the applicability of traffic laws on private property varies across provinces. In Ontario, the Highway Traffic Act does not apply to private property, including parking lots. This means that motorists cannot be charged with traffic infractions such as failing to observe a stop sign or failing to give the right of way when driving on private property. However, it is important to note that the criminal code still applies, and drivers can be charged with offences such as dangerous driving, stunt driving, or driving under the influence (DUI) even on private property.

While traffic laws may not be enforced on private property in Ontario, it is still important for drivers to operate their vehicles safely and follow the rules of the road as much as possible. In the event of an accident on private property, the police must be contacted if there is personal injury, property damage exceeding a certain amount (e.g., $1000 in Ontario), or a dangerous condition resulting from the accident, such as a broken gas line. Insurance companies will also determine fault in accidents on private property, and drivers may still be held liable for damages.

In Alberta, the situation is different. Traffic regulations on any road or parking lot that is accessible by the public, even if it is on private property, are enforceable under the Traffic Safety Act. If an accident occurs in a parking lot and the damage is over $2000 or someone is injured, the police must be called, and demerits may be applied.

It is worth noting that, while traffic laws may not apply on private property in certain provinces, the interpretation of what constitutes "private property" can be complex. For example, in Ontario, a parking lot that is open to the public may still be considered private property, but the Highway Traffic Act may apply if it is deemed to be a "publicly-accessible space." Therefore, it is always important for drivers to exercise caution and adhere to the rules of the road, even when on private property, to avoid accidents and potential legal consequences.

Insurance coverage for accidents on private property

Whether or not your insurance company will cover your claim in the event of an accident on private property is a common concern. The answer is yes, but the type of insurance you have will determine the extent of your coverage.

Liability Insurance

Liability insurance typically comprises bodily injury liability and property damage liability. Bodily injury liability covers medical bills and other associated expenses when you cause injuries to someone in an accident. Property damage liability covers damages to another person's property, including their vehicles and houses.

Collision Insurance

Collision insurance covers any damage to your car due to a crash, irrespective of who is at fault. This coverage is optional in most states but is advised, especially for cars of higher value and younger models.

Permission of the Property

If you have implied or express permission to be on the private property, your car insurance would pay out as if you were involved in a crash on a public road. If you were trespassing or using the property without authorisation, you may not be able to claim compensation for injuries sustained.

Policy Specifics and Exclusions

Insurance policies often have specific exclusions and limitations. Some may exclude coverage for certain types of private property, such as areas not intended for vehicle use, like lawns or pedestrian zones. It's important to review your policy regularly to understand any changes in coverage, limits, or exclusions that might affect accidents on private property.

State Laws and Regulations

State laws regarding coverage for accidents on private property can vary. Certain states might have specific regulations or legal interpretations that affect coverage. For example, in no-fault insurance states, personal injury protection (PIP) coverage might apply regardless of where the accident occurs.

Documentation and Reporting

It is important to report accidents that occur on private property to your insurer as soon as possible. Additionally, obtaining as much evidence as possible, such as photographs, witness statements, and detailed accounts of the situation, will help support your claim.

The Role of the Property Owner

If an area is open to vehicular traffic, such as a parking lot or private street, the property owner is obligated to keep the area safe for vehicle traffic. Poor lighting, bad drainage, damaged road surfaces, and other conditions could be considered contributing factors to an accident, making the property owner legally liable.

Driving offences on private property

In Canada, driving laws and their applicability on private property vary across provinces. In Ontario, the Highway Traffic Act (HTA) cannot be enforced on private property such as parking lots. However, it's important to note that certain offences, such as dangerous driving, driving under the influence (DUI), or stunt driving, may still result in charges under the Criminal Code.

Ontario's Unique Provisions

In Ontario, a person cannot be charged with a driving infraction if it occurs on private property or in a government parking lot. This means that traffic regulations, such as failing to observe a stop sign or failing to yield, do not apply in these areas. However, if a driver commits a crime, such as impaired driving, they can be charged with an offence by the police.

Insurance Considerations

When it comes to insurance, accidents on private property are treated similarly to those on public roads. In Ontario, all insured drivers are covered by statutory accident benefits, regardless of fault or the location of the accident. However, insurance companies use Fault Determination Rules to assign fault, and an accident on private property may result in a driver being deemed partially responsible.

Public Mischief Charges

While traffic laws may not be enforced on private property in Ontario, engaging in unsafe driving or stunt driving can lead to Public Mischief charges. Additionally, dangerous driving is punishable under the federal Criminal Code across Canada, regardless of the location.

Provincial Differences

It is important to note that driving laws and their applicability to private property can vary by province. For example, in Alberta, traffic regulations on any road or parking lot accessible by the public, even if it is on private property, are enforceable under the Traffic Safety Act.

In summary, while driving offences on private property may not always result in charges under the Highway Traffic Act in certain provinces like Ontario, they can still lead to consequences, including insurance implications and charges under the Criminal Code or other relevant legislation. It is essential for drivers to be aware of the specific laws and regulations in their province to ensure safe and responsible driving, regardless of the location.

Frequently asked questions