Driving in carpool lane with young daughter nets West Island mom $169 ticket

If you are driving in a carpool lane with your kids, you may get a ticket.

That's what happened to a a West Island mom who is consulting a lawyer after getting a $169 ticket for driving in the carpool lane with her young daughter in the car. 

Stéphanie Émond got the ticket from a police officer who told her the passenger in the car must have a driver's licence in order for the driver to use the carpool lane on des Sources Boulevard in Dollard-des-Ormeaux. Émond said the officer told her the goal was to get more cars off the road.

Émond said her internet and phone research and a quick look at the Highway Safety Code came up with nothing.

"Nowhere it's mentioning about age limit or requirement of having a permit as a passenger when you're carpooling in a reserved lane," said Émond in an interview with CJAD 800 News.

Lawyer Avi Levy who helps motorists contest tickets agrees, citing the pictogram showing you need to be more than one person to use the carpool lane.

"They don't go on and say, 'And you have to have a driver's licence and you have to be of a certain age.' So if I'm taking my little girl to school and there's a carpool lane available, I should be able to take it," said Levy.

"So by me having more than one person in the vehicle, whether it's two people or four people, whether they're adults or minors, whether they have a driver's licence or they don't have a driver's licence, should not really be relevant. The fact I'm not alone in the car is what allows me to engage and take that carpool lane."

Montreal police told CJAD 800 News that in general, an officer can issue a ticket based on their interpretation of the law.

Police and Transport Quebec are looking into what the actual regulations say.