When I’m backing out of my driveway or out of a parking spot, other drivers almost never slow down or stop to let me out, even if I’m sitting there for a while with my backup lights on. Aren’t they legally required to let me out? – Victor, Markham, Ont.
If you’re counting on drivers to slow or stop for you as you’re backing out, you need a better backup plan.
Because there is no law in any province saying drivers have to wait for you when you’re exiting a parking spot or driveway either front or rear first, it’s better to plan ahead so you don’t have to back out at all, a safety expert said.
“If you’re backing out of a driveway onto a public roadway from private property, you don’t have the right of way – so it’s always precarious,” said Angelo DiCicco, general manager with the Ontario Safety League, a non-profit that offers road safety and driver training programs for schools and the transportation industry. “That’s why you should be backing in when you park, so you don’t have to back out later.”
While the laws vary by province, most say that cars already on the road have the right-of-way over cars entering the road from private property. In Ontario, that is spelled out in Section 139 of the Highway Traffic Act.
In other words, you have to yield to cars on the road any time you’re coming out of a driveway – whether forward or in reverse.
Some provinces, including Quebec, have specific rules about backing up. Section 417 of Quebec’s Highway Safety Code states: “In no case may the driver of a road vehicle drive his vehicle in reverse unless he can do so in safety and without obstructing traffic.”
While some drivers might stop and wait for you to back out as a courtesy, don’t assume they will, DiCicco said.
“Don’t count on the kindness of strangers,” to keep you safe, DiCicco said. “Most other drivers do not want to hit your vehicle; the reason there might be a crash is because they didn’t see you in time. It isn’t necessarily malicious.”
For insurance purposes, you’d almost certainly be considered at fault if somebody hits you while you’re backing up, DiCicco said.
If the other driver was speeding or otherwise driving dangerously, there could also be charges against them, but that won’t necessarily get you off the hook.
“You backing out in front of them may be the highlight of the crash report,” DiCicco said.
Safety first
Ontario is the only province where the rules of the road don’t apply on private property that is used by the public, including mall parking lots.
So, if you back up and hit someone in Ontario, you won’t be charged under the Highway Traffic Act – but you could be charged under the Criminal Code of Canada. Plus, you would still be found at fault for insurance purposes under Ontario’s fault-determination rules.
So, it’s up to you to make sure it’s safe before backing out in parking lots, too, DiCicco said.
That may not always be easy. If there’s a van or a pickup truck parked beside you, you’ll have to back up quite far before you can physically see whether cars are coming.
If your car has a rear backup camera, use it – it’s closer to traffic than you are and can give you a better view, he said.
Then, you have to make sure other drivers know what you’re doing. He suggests using your turn signal in the direction you’ll be backing into.
Don’t count on other drivers noticing that your backup lights are on. Their view may be blocked by bigger vehicles beside you, or they just may not be paying attention.
“Or they may have been burned two or three times by a driver sitting in their car looking at text messages while it’s in reverse and their foot is on the brake,” DiCicco said.
When it’s your turn to go, it’s important to take it, otherwise “it confuses everyone else,” DiCicco said.
“If you’re overly cautious, you might be miscommunicating your intention and a driver who had been slowing down because they’re waiting for you to back up might get fed up and decide to just go,” DiCicco said. “It’s one more reason to back in rather than to back out.”
So, either back in, or find a pull-through spot, where you can drive through one spot and park in the second one.
That way, you can drive straight out when you’re leaving. You can see oncoming vehicles better and you can make eye contact with other drivers so you know whether they’re stopping for you, he said.
“No matter how hard you think it is to back in, it’s always easier than backing into traffic when you’re trying to leave,” DiCicco said.
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