The sign "No Passing Here To Crossing" is at most (all?) pedestrian crossovers. I am wondering what is the definition of "PASSING" in this context.
There is this...
Under S. 140(1) of the Highway Traffic Act, when a pedestrian is crossing within a pedestrian crossover, approaching drivers must stop before the crossover, and may not overtake another vehicle that is already stopped at a pedestrian crossover.
Additionally, S. 140(3) of the act prohibits drivers from passing other moving vehicles from the rear when approaching a pedestrian crossover within 30 metres (100 feet). This applies at all times, as thereÃƒÂ¢Ã‚â‚¬Ã‚â„¢s no stipulation in the law or signage that the crosswalk be occupied.
However, in this situation, like most, does PASSING mean the act of actively CHANGING LANES to leave the lane you were initially travelling in and thus go around (pass) a vehicle that was initially in front of you IN THE SAME LANE? I can see how this is prohibited by the HTA, in addition to the solid white lane markings as you approach the crossing.
I'm wondering if you are allowed to remain IN YOUR LANE, and while going faster than a vehicle in the lane beside you, drive past that other vehicle. You are driving past another vehicle in a prohibited area but I'm not certain that this qualifies as "PASSING" as at no point do you leave the lane you were initially travelling in. You are just driving faster than the person beside you.
Note: This is irrespective of how safe/stupid this is to do (I'm on the side of "it's stupid/dangerous", FWIW), I'm wondering about the legality. Thank you very much. Seems like rather a grey area to me and could likley be interpreted both ways.
(3) When a vehicle is approaching a pedestrian crossover and is within 30 metres of it, the driver of any other vehicle approaching from the rear shall not allow the front extremity of his or her vehicle to pass beyond the front extremity of the other vehicle. 2015, c. 14, s. 39 (2).
So if the very front of your vehicle passes the front of another vehicle within 30 metres of a crosswalk then you have committed an offence.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !