Passing off roadway - S. 150 (2)

truenorth · Joined: 16 Apr 2008 Posts: 1 Location: Toronto

Hope someone can offer some insight on this one.

Recently got a ticket for Passing Off Roadway as per HTA Sec. 150 (2). Here's how it happened:

I was coming off HWY 400 onto HWY 401 East bound. The traffic on the on ramp was crawling along. When we got close to the end of the on ramp where the solid white line ends, I switched lanes to the left onto the 401 lane. There were no cars coming for about 100 yards behind me.

The first vehicle coming was an unmarked cruiser. He hit the lights and I honestly didn't know why he was pulling me over since I didn't cross over that far back from the end of the on ramp that I doubt my whole vehicle actually crossed the solid line. He certainly was too far back to judge it properly.

My questions are these-

Has anyone fought this type of offence and what was the defence ?

Also, in terms of interpretation of the act, I was charged with violating section 150 (2) which states: "No driver of a motor vehicle shall overtake and pass another vehicle by driving off the roadway." I didn't pass anybody, I simply changed lanes. We were all starting to accelerate so I didn't pass any vehicles. Also, does the space between the onramp and highway lane within the solid lines constitute "off the roadway" ?

I'm thinking he charged me with the wrong offence.

Anyone have any thoughts ? Trying to save a 15 year spotless record.

Thanks !

-R