S. 149 - Operating To Left Of Centre On Curve

intoronto · Joined: 09 Apr 2008 Posts: 2

Is this strict liability? Does the drivers view have to be obstructed?

Any experiences or comments on defending this would be appreciated. The charge is based on operating to the left of centre on a curve. Does it matter whether the centre line has been marked?

149. (1) No vehicle shall be driven or operated to the left of the centre of a roadway designed for one or more lines of traffic in each direction,
(a) when approaching the crest of a grade or upon a curve in the roadway or within 30 metres of a bridge, viaduct or tunnel where the driver’s view is obstructed within that distance so as to create a potential hazard in the event another vehicle might approach from the opposite direction; or
(b) when approaching within 30 metres of a level railway crossing. R.S.O. 1990, c. H.8, s. 149 (1).
Exception
(2) Subsection (1) does not apply,
(a) on a highway divided into clearly marked lanes where there are more such lanes for traffic in one direction than in the other direction;
(b) to a road service vehicle where precautions are taken to eliminate the hazard; or
(c) on a highway while it is designated for the use of one-way traffic. R.S.O. 1990, c. H.8, s. 149 (2).

Bookm · Joined: 22 Jan 2008 Posts: 175 Location: Stratford, Ontario

Was there evidence that a dangerous situation was created as per the details of the statute (ie. an oncoming car braking, swerving, etc.)? If not, I don't see how the charge could be justified.

I would assume it's "absolute" but evidence would have to be provided that there was a potential hazard from apposing traffic. It seems to me a valid defense would be to show you COULD see a safe distance ahead. I frequently pass while still in the latter stages of a curve without concern.