Backing into my driveway

fairfiea
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Backing into my driveway

by: fairfiea on
Mon Jan 21, 2013 5:54 pm

Please assist me in this matter before an accident occurs.

I live on a corner lot.
I am in the north east corner and my driveways exit/entrance is only two car lengths from the corner. - you might need a pen a paper for this.
I always back my car into my driveway for several reasons which I will explain within this document.

Here is the constant issue. BTW the intersection on the corner is a 4 way stop; Stop in all directions

While driving home in a south bound direction down my street, before I get to the actual stop sign, I signal my intent to any cars behind me letting them know that I'm going to me going Left (which is the east side).

I stay in my lane, slightly passing my driveway opening, then put my car in reverse to back into my driveway.
- I have had cars attempt to and pass me on the right side - of which my front end just misses them;
- I have had people pass me to the left over the yellow line, and in direct path of my backing up, which in my opinion if I hit them it would be 100% their fault. but I don't know.
Either way, most people are patient, just a few people actually cause an issue.

Now the reason that why I backup into my driveway;
in the morning people going to work are so busy they don't stop for the STOP SIGN, they drive right through, so
- North bound lanes will roll through the Stop, and pass me to the left (over the yellow line again) as I back out or have backed out and start going forward, but the major issue is the east bound traffic.
- East bound traffic will always, and I mean always, just look look south to see if there are cars coming, roll through the STOP sign then after turning the corner to go North, will then be inches away from the back end of my car pulling out of my driveway, or just going forward northbound.

So here's my question, my father was a police officer in the 50/60/70 until he retired in 79, one comment that he always made was never back out into traffic, IT'S AGAINST THE LAW.
I have a bit of a conundrum here, People that get upset because I back into my driveway say I'm breaking the law, but if I back out of my driveway and a car hits me because he/she looked south after not STOPPING at the corner, I'm at fault again.

Can someone help me in this by citing a legal document that will confirm or deny the assumptions that I have made.




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hwybear
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by: hwybear on
Wed Jan 23, 2013 5:50 pm

there is no offence to back into your laneway or out of it
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


fairfiea
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by: fairfiea on
Wed Jan 23, 2013 6:11 pm

Then help me understand why people are passing yellow lines to get around me, and passing on the right... both of which in a residential area are illegal.

I need an answer to my situation, I need to state a specific legal section or there will be an accident here.

Please direct me
hwybear wrote:there is no offence to back into your laneway or out of it


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hwybear
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by: hwybear on
Wed Jan 23, 2013 6:23 pm

Passing on the Right
150. (1) The driver of a motor vehicle may overtake and pass to the right of another vehicle only where the movement can be made in safety and,
(a) the vehicle overtaken is making or about to make a left turn or its driver has signalled his or her intention to make a left turn;
(b) is made on a highway with unobstructed pavement of sufficient width for two or more lines of vehicles in each direction; or
(c) is made on a highway designated for the use of one-way traffic only
Driving off roadway prohibited
(2) No driver of a motor vehicle shall overtake and pass another vehicle by driving off the roadway
(3) Subsection (2) does not apply to,
(a) a motor vehicle overtaking and passing to the right of another vehicle where the shoulder to the right of the roadway is paved and the vehicle overtaken is making or about to make a left turn or its driver has signalled his or her intention to make a left turn

Where highway divided into lanes
154. (1) Where a highway has been divided into clearly marked lanes for traffic,
(a) a vehicle shall be driven as nearly as may be practicable entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety

Driving to left of centre prohibited under certain conditions
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
Above is merely a suggestion/thought and in no way constitutes legal advice or views of my employer. www.OHTA.ca


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CliffClaven
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by: CliffClaven on
Wed Jan 23, 2013 6:39 pm

You may also wish to consult the fault determination rules under the Ontario Insurance Act: http://www.ibc.ca/en/car_insurance/docu ... -rules.pdf.
fairfiea wrote:Then help me understand why people are passing yellow lines to get around me, and passing on the right... both of which in a residential area are illegal.

I need an answer to my situation, I need to state a specific legal section or there will be an accident here.

Please direct me
hwybear wrote:there is no offence to back into your laneway or out of it


Stanton
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by: Stanton on
Wed Jan 23, 2013 9:56 pm

To expand on Bear's last post, crossing a solid yellow line in Ontario is not illegal in itself. Such markings are considered more for reference and are not legally enforceable. The legality of passing is determined by meeting the conditions Bear outlined and/or signage prohibiting passing, etc.


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