Deposit of Snow on Roadway Involves Plowing or Shoveling Contrary to Section 181 of the Highway Traffic Act

Can a Person Get a Ticket For Shoveling Snow Onto the Street?

As Per Section 181 of the Highway Traffic Act It Is Unlawful to Plow Snow or Shovel Snow Into the Roadway. A Person May Be Fined Up to $1,000 Plus the Mandatory Victim Surcharge and Court Cost Upon a Finding of Guilt For a Violation of Such Law.

Understanding the Illegality of Plowing or Shoveling Snow Onto a Roadway Including Applicable Penalties

The effort to maintain snow and ice and thereby to keep roadways as free and safe from winter hazards requires great diligence and resources. Accordingly, when people shovel snow or plow snow onto a roadway, doing so may adversely impact the effort expended to keep the roadway as well maintained and thereby as safe as possible.

The Law

The presence of snow and ice upon the roadway poses a serious safety hazard for motorists, among others; and accordingly, significant resources are spent to maintain the roadways in a condition that is as safe as reasonably possible. As an interference in the effort to maintain the roadways, persons who plow snow or shovel snow onto the roadway undermine the maintenance effort while creating hazards that could cause an accident. Accordingly, the law, per section 181 of the Highway Traffic Act, R.S.O. 1990, c. H.8 does forbid persons from pushing, or piling snow onto the roadway. For those found guilty of violating section 181, the details for the penalty upon conviction are prescribed by section 214(1) of the Highway Traffic Act whereas section 181 is actually silent, meaning absent, about the penalty details. Interestingly, what is actually defined as the "roadway" often requires careful review of the definition as within section 1 of the Highway Traffic Act. Within section 181, section 214(1), and section 1 of the Highway Traffic Act it is specifically stated:

Accordingly, per the general penalty stated within section 214(1) as is shown above, the fine for plowing snow or shoveling snow onto the roadway is in a range from sixty ($60) dollars to one thousand ($1,000) dollars.  Additional penalties will include the statutory victim surcharge plus court cost.

Summary Comment

Depositing snow upon a roadway, whether by plowing, shoveling, or other manner, poses a hazard to motorists that creates a risk of accident with serious injury or death as potential consequences. Furthermore, depositing snow upon a roadway causes waste in the effort and money expended by municipalities, among others, who maintain the roadways. Accordingly, shoveling snow, plowing snow, or otherwise depositing snow upon the roadway is an offence and is subject to a potential fine of one thousand ($1,000) dollars plus victim surcharge and court cost.