Tow Trucks Blocking Lanes

Question: We know why they do it but what legal authority do tow trucks have to block (cone off) a whole lane on the highway one when the stall is on the shoulder?

Work in Progress

The Motor Vehicle Act imposes requirements for work taking place on a highway. This includes work being done by tow trucks:

138 On a highway where new construction, reconstruction, widening, repair, marking or other work is being carried out, traffic control devices must be erected indicating that persons or equipment are working on the highway.

Unless it is a major collision scene tow trucks often do not put out warning signs and rely instead on their flashing yellow lights to alert approaching traffic.

Erection of Speed Signs

139 On a highway where new construction, reconstruction, widening, repair, marking or other work is being carried out, traffic control devices must be erected to limit the rate of speed of vehicles or to restrict the manner in which the vehicles are to proceed on the highway.

This rule has been made somewhat redundant by the slow down, move over law. Unless a speed of less than 40 km/h in municipal areas or 70 km/h in rural areas is required for safety there is no need to place speed control signs.

Obeying Flagger

141 If a flagger is controlling the movements of traffic around the section of highway being worked on, a person must not drive or operate a vehicle other than as directed by the flagger.

Sadly, some drivers have trouble with this. Ask any flagger and they all have stories to tell about drivers who are more important than anyone else using the road.

Establishing a Safe Work Zone

The placement of traffic control devices (cones and signs) is also governed by the Occupational Health and Safety Regulations in Part 18. This part references the Traffic Management Manual maintained by the Ministry of Transportation that details how these devices must be used.

Permission From the Ministry

The Ministry of Transportation and Transit also provided the following information:

Tow truck drivers are empowered to temporarily close a lane, if necessary, to protect roadside workers and the travelling public, as long as they carry out the necessary traffic management procedures.

A tow truck operator can also contact local law enforcement and ask for assistance in securing a safe work environment by attending the site and engaging blue flashing lights.

Inadequate Advanced Notice

This is a situation that often bothers me as a driver. Sometimes a breakdown vehicle or tow truck is at the roadside in front of the broken down vehicle or positioned in a way that makes their flashing warning lights difficult to see until you are very near to the location that they are working. Now you have to slow down and move over if possible with little time to do it.

Lack of notice means that the move over part of the requirement may be difficult to do, so the worker is actually reducing their own safety margin.

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