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

What Can Happen If a Person Shovels Snow Onto the Street?

Plowing Snow or Shoveling Snow Onto the Street Is Unlawful As An Offence Contrary to Section 181 of the Highway Traffic Act. Upon Conviction a Person May Be Fined Up to $1,000 Plus a Mandatory Victim Surcharge and Court Cost.

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

Whereas snow and ice presents a serious safety hazard for motorists and pedestrians alike, great resources are expended to keep roadways well maintained and thereby as safe as possible. Persons who plow snow or shovel snow onto the roadway undermine the maintenance effort as well as creating hazards that could cause an accident resulting in serious injury or death. 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

Plowing snow, shoveling snow, or otherwise depositing snow upon the roadway presents a great risk of serious harm to motorists using the roadway while also causing waste to the expense incurred by municipalities in the effort to keep roadways maintained and reasonably safe. Accordingly, the law forbids any manner of depositing snow upon a roadway and imposes a fine of up to one thousand ($1,000) dollars plus victim surcharge and court cost.