Offense: Fail to drive in marked lane

Hello. Hope this is in the correct category.

Today I received a ticket, and here's what took place:

I was driving on a road with double solid yellow lanes (one lane eastbound, one lane west bound), heading to my friend's place. I was behind a slow moving vehicle, and there was no one in the oncoming lane. There was a far enough clear visual distance to make a safe pass, and so I did. As I was making my pass, a police officer who was traveling on the oncoming lane, began making his way around the bend which was far off in the distance and saw me finish my pass. I did not know whether he would pull me over, as I had been told from a reliable source that it was not illegal to pass on a double solid yellow, providing it was safe to do so.

Anyway, shortly thereafter, I turned onto my friends street, and then arrived at his home. Apparently, the officer had turned around and followed me, as a few moments after arriving at my friend's he too pulled into the driveway. He then approached me and questioned me about my pass. I told him I did in fact pass the moving vehicle on a double solid yellow. He asked for my vehicle and driving permits and I fully complied with his request. He then issued me a ticket, which states "Fail to drive on marked lane".

What I find strange is the fact he did not issue the ticket for passing on double solid yellow (if that's the reason for issuing the ticket, why wouldn't that be the offense?). He also never flagged me down, nor did he turn on his siren or lights.

I do this frequently myself. What section and subsection is cited on the ticket? I've scoured the rules of the road looking for a section that would apply. I even searched for 'marked lane' and couldn't find anything that could be used in this circumstance.

Ther is no offence for passing on a solid line. They are guidelines on the road to suggest that you shouldn't pass. They usually are situated near curves or grades where it is illegal to pass. See section 148 and 149 of they HTA.

If the officer felt your pass was unsafe, I don't believe he charged you under the correct section.

That's not a fair charge. Take it to court and request a trial. My only question is how far was the curve when you passed? Not that it matters because even if it was less than 50m it's not the correct charge.

leehoewonek wrote:

I do this frequently myself. What section and subsection is cited on the ticket? I've scoured the rules of the road looking for a section that would apply. I even searched for 'marked lane' and couldn't find anything that could be used in this circumstance.

http://www.ontariocourts.ca/ocj/how-do- ... hedule-43/

HTA 154(1)(a) — Fail to drive in marked lane

http://www.e-laws.gov.on.ca/html/statut ... uote]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;[/quote]This sounds like the correct section for what the officer believed was an unsafe pass.

Relevant decision for this offence: R. v. Capobianco, 2010 ONCA 589 (CanLII), my opinion of what an unsafe pass looks like: http://youtu.be/Ce9lF_9m7yQ

the officer believed was an unsafe pass

Aside from his belief, any other evidence? Another vehicle that had to slow to avoid a collision? Someone had to swerve off the road? Unless there's more to this I don't get it.

I'd argue the more appropriate charge (assuming the pass was unsafe) would be "Pass - Roadway not Clear - Approaching Traffic" under section 148(8)(a).

Passing vehicle going in same direction

148(8) No person in charge of a vehicle shall pass or attempt to pass another vehicle going in the same direction on a highway unless the roadway,

(a) in front of and to the left of the vehicle to be passed is safely free from approaching traffic; and

(b) to the left of the vehicle passing or attempting to pass is safely free from overtaking traffic.

I almost wonder if the officer incorrectly thinks you can't pass on a double line hence the charge under 154 instead.

iFly55 wrote:

leehoewonek wrote:

I do this frequently myself. What section and subsection is cited on the ticket? I've scoured the rules of the road looking for a section that would apply. I even searched for 'marked lane' and couldn't find anything that could be used in this circumstance.

http://www.ontariocourts.ca/ocj/how-do- ... hedule-43/

HTA 154(1)(a) — Fail to drive in marked lane

http://www.e-laws.gov.on.ca/html/statut ... uote]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;

This sounds like the correct section for what the officer believed was an unsafe pass.

Relevant decision for this offence: R. v. Capobianco, 2010 ONCA 589 (CanLII), my opinion of what an unsafe pass looks like: http://youtu.be/Ce9lF_9m7yQ[/quote]

I saw that section, but considering the pass was made without incident, to me it didn't qualify as unsafe. I was looking instead for any mention of marked lanes and lines of any sort. I've looked before, and because I've not found anything, on the most part, I ignore the lines and pass when I feel it's safe. For example, when I drive home I drive on a dead straight 3 km stretch of road, with a couple minor rises and valleys. The entire length of the road has a solid line on it, despite having clear sightlines for at least a kilometre. Makes no sense.

Though legal, I don't really see the wisdom in passing with a double solid yellow even with clear visibility in that most other drivers driving at the speed limit do not expect to be overtaken and that could cause an issue in itself.

ynotp wrote:

Though legal, I don't really see the wisdom in passing with a double solid yellow even with clear visibility in that most other drivers driving at the speed limit do not expect to be overtaken and that could cause an issue in itself.

Well, as I said I've been doing it for many years, and nobody has done anything even remotely dangerous as a result of being surprised. If the markings realistically indicated the ability to safely pass, I would be happy to follow them, but oftentimes they are clearly wrong. And it's not just wrong in the one direction, saying I can't pass when it's perfectly safe. I've been on country roads with dashed lines continuing almost to the crest of a hill, where it would be extremely dangerous to pass. So ya, wildly inconsistent and mostly useless.

DanteJay wrote:

Hello. Hope this is in the correct category.

Today I received a ticket, and here's what took place:

I was driving on a road with double solid yellow lanes (one lane eastbound, one lane west bound), heading to my friend's place. I was behind a slow moving vehicle, and there was no one in the oncoming lane. There was a far enough clear visual distance to make a safe pass, and so I did. As I was making my pass, a police officer who was traveling on the oncoming lane, began making his way around the bend which was far off in the distance and saw me finish my pass. I did not know whether he would pull me over, as I had been told from a reliable source that it was not illegal to pass on a double solid yellow, providing it was safe to do so.

Anyway, shortly thereafter, I turned onto my friends street, and then arrived at his home. Apparently, the officer had turned around and followed me, as a few moments after arriving at my friend's he too pulled into the driveway. He then approached me and questioned me about my pass. I told him I did in fact pass the moving vehicle on a double solid yellow. He asked for my vehicle and driving permits and I fully complied with his request. He then issued me a ticket, which states "Fail to drive on marked lane".

What I find strange is the fact he did not issue the ticket for passing on double solid yellow (if that's the reason for issuing the ticket, why wouldn't that be the offense?). He also never flagged me down, nor did he turn on his siren or lights.

I requested disclosure and here is what the officer's notes say (his grammar):

West bound on King. At this time I observed a black 4-door car pass a red van on a double solid line. U was still in the East Bound lane at the crest of the hill, so it must have began passing movement while still going up the hill. When u went by, I pulled a u-turn after the red van went by. I could see u accelerating away, so I quickly sped up. U then made a right hand turn onto Bramalea Rd and again, I could see the car quickly accelerating and it then pulled into the 1st driveway on the left hand side & turned u off. When I approached, I asked if he lived at the residence. "No". I asked where he was going, "Schomberg". It was evident he was trying to escape police and made futile attempt rfom being stopped. -PON ######## issued for fail to drive in marked lane S 154 (1)(a) HTA. I warned for flight from police as it was apparent he knew he was going to be stopped. I checked map, stop location was going away from direct route to Schomberg.

Nowhere does he say that my pass was unsafe.

I think that "U" might be a "V" for vehicle

i pass on double solid all the time. it's not illegal.

Funny, but even the police seem oblivious of the fact that this is not illegal per se - as are the vast majority of the people you might poll. Is it illegal to pass across a double yellow? NO! But it might be dangerous.

I won $50 from my wife today on this one, and we even called the police and they backed her up on the improper ruling. And evidently, the cop who gave you this ticket. The question he gave you betrayed this fact. The reality is there is no statute he could charge you with so he invoked one that did not apply. Ontario is THE ONLY PROVINCE that does not explicitly forbid this. You hopefully had this dismissed in court.

Read this:

http://www.theglobeandmail.com/globe-dr ... ice=mobile