Our website is made possible by displaying online advertisements to our visitors.
Please consider supporting us by disabling your ad blocker.

Ontario Highway Traffic Act

Discuss the Ontario Highway Traffic Act.


Post Your Traffic Ticket, and Get Help!


The Ontario Traffic Ticket Forum!


All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 4 posts ] 
Check It Out
No unread posts New Set Fines Starting Sept 1st, 2015! Read and Learn Here.
  Print view

passing on the shoulder
Author Message
PostPosted: Thu Jun 10, 2010 6:03 pm 
Offline
Newbie

Joined: Thu Jun 10, 2010 5:49 pm
Posts: 1
is it ok for bicycles to pass cars on the right shoulder of the road on a one lane road? and if not am i in the wrong if i did it on a motorized bicycle?

more importantly, is it legal for a vehicle to move to the right shoulder before making a left turn?, thereby preventing the cyclist to pass him upon the shoulder, and forcing him to move into the center of the lane, not knowing he is about to turn left!


this just happened to me today and i collided with an Audi. is there anything i can do like plead my charges down or anything? ive been charged with careless driving and driving without insurance on a motorized vehicle. i guess thats what 66cc and 3 hp gets you


Top
 Profile  
 
PostPosted: Fri Jun 11, 2010 10:45 pm 
Offline
Jr. Member
User avatar

Joined: Fri Jan 29, 2010 2:05 pm
Posts: 94
This is one of my pet peeves. Both cyclists and cars should share the road with each other. Where I live I see lots of cyclists passing between me and the curb. I once had a cyclist hit my car because he tried to squeese pass me at a high rate of speed as I was slowing down to turn right (YES I had my signal on). Now when I need to turn right I alway get close to the curb to make sure no cyclists will do this again.

However I have no Idea why a person would edge right to turn left like you discribe. You were wrong to go to his left though. IMO


Top
 Profile  
 
PostPosted: Fri Jun 11, 2010 11:17 pm 
Offline
Moderator
User avatar

Joined: Mon Sep 08, 2008 8:26 pm
Posts: 2881
Location: Toronto
Here's the legal jargon from the Highway Traffic Act, specifically section 150 (2) and (3):

Quote:
Driving off roadway prohibited

(2) No driver of a motor vehicle shall overtake and pass another vehicle by driving off the roadway. R.S.O. 1990, c. H.8, s. 150 (2).

Non-application of subs. (2)

(3) Subsection (2) does not apply to the driver of,

a motor vehicle overtaking and passing to the right of another vehicle [b]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;


So the short answer is yes, under those circumstances, you may drive onto the shoulder to pass a vehicle that is turnng left. Granted, bicycles are not "motor vehicles" but since you were driving a motor vehicle (per the regulations) it applies in your case.

levi1670 wrote:
more importantly, is it legal for a vehicle to move to the right shoulder before making a left turn?


No.

levi1670 wrote:
is there anything i can do like plead my charges down or anything?


In this case, careless driving could probably be beaten in court or at least pled down to something lesser. Basically, if the driver was signalling left, you started to edge to the right shoulder to pass him and he swung right, there's a good reason for charging him with something. The "no insurance" charge is another situation entirely. I'd suggest that you get some sort of professional advice with these charges.

beleafer81 wrote:
However I have no Idea why a person would edge right to turn left like you discribe.


It's one of those weird "swingout" turns that people do. I have no idea why they'd do it, either. I guess it comes from not being properly taught how to drive. It's the same sort of people who edge to the left when making a right turn, for reasons known only to them....

_________________
* The above is NOT legal advice. By acting on anything I have said, you assume responsibility for any outcome and consequences. *
http://www.OntarioTicket.com OR http://www.OHTA.ca


Top
 Profile  
 
Careless Driving Ticket
PostPosted: Tue Jun 15, 2010 12:55 pm 
Offline
Jr. Member

Joined: Sat Oct 03, 2009 8:25 pm
Posts: 97
Location: Toronto
Your bicycle is considered a vehicle on the roadway and has to follow the same rules as a car does. So if your going to pass another vehicle you have to follow the rules of the Highway Traffic Act.

If you get a licensed paralegal to represent you in court you should be able to have this ticket dropped.

If you pay the ticket it will go on your drivers license if you have one and affect your car insurance for 3 years. The careless driving ticket will put the insurance into high risk rates of thousands of dollars per year.

Seek some proper legal advice,

_________________
Chris Conway
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol
Licenced Paralegal


Top
 Profile  
 
Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 4 posts ] 

All times are UTC - 5 hours [ DST ]


Related topics
 Topics   Author   Replies   Views   Last post 
There are no new unread posts for this topic. Passing on the shoulder

Anonym

2

1311

Wed Oct 09, 2013 4:47 pm

Anonym View the latest post

There are no new unread posts for this topic. Driving on the shoulder after being boxed in.

angelodragons

4

609

Fri Jul 22, 2011 12:12 am

Radar Identified View the latest post

There are no new unread posts for this topic. Highways designated for use of paved shoulder - Section 151

admin

0

2442

Tue Dec 11, 2007 11:47 pm

admin View the latest post

There are no new unread posts for this topic. HTA 182(2) Do not drive on paved shoulder sign

jjhsix

0

1122

Fri Mar 14, 2014 8:57 am

jjhsix View the latest post

There are no new unread posts for this topic. Attachment(s) Passing another passing vehicle

Kiedan

1

757

Wed Apr 08, 2015 12:47 pm

iFly55 View the latest post

There are no new unread posts for this topic. Passing on the right

matt123

5

754

Thu Jan 12, 2012 7:07 am

Squishy View the latest post

There are no new unread posts for this topic. Passing Off Roadway

kris1

9

2645

Fri Jun 12, 2009 11:24 am

liveontheedge View the latest post

There are no new unread posts for this topic. Speeding while passing help please

jm15

0

565

Tue Nov 12, 2013 10:07 pm

jm15 View the latest post

There are no new unread posts for this topic. 122 in an 80 after passing

ktzimm

0

637

Thu Jan 02, 2014 3:05 pm

ktzimm View the latest post

There are no new unread posts for this topic. 106 in an 80 while passing

stickz

6

204

Fri Mar 10, 2017 10:05 am

bobajob View the latest post

There are no new unread posts for this topic. Passing off roadway - S. 150 (2)

truenorth

4

7791

Fri Mar 20, 2009 9:15 am

Reflections View the latest post

There are no new unread posts for this topic. passing emergency vehicle

[ Go to pageGo to page: 1, 2 ]

NancyT

23

4868

Fri May 15, 2009 11:48 am

dhealy View the latest post

 


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum

Search for:
Jump to:  
Web Development & Search Engine Optimization
Home | Court Listings | Ontario Traffic Ticket

Copyright 2007 - 2017 © Microtekblue Inc. Web Development & Search Engine Optimization Service. We Support phpBB All Rights Reserved.