jsherk wrote:
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;
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. R.S.O. 1990, c. H.8, s. 150 (1).
When the list ends in "or", any apply. When it ends in "and", all apply. It's the first statement (where the movement can be made in safety) plus A, B, or C. I'd agree with argyll there. This is how i've always understood it to be for bicycles (unobstructed pavement of sufficient width).
However, the section specifically goes with "motor vehicle" instead of vehicle, meaning it shouldn't apply to bicycles either way (which I hadn't noticed before, to be honest).
That being said, turn not in safety is a bit brutal and doesn't care about any of this anyways.
142. (1) The driver or operator of a vehicle upon a highway before turning to the left or right at any intersection or into a private road or driveway or from one lane for traffic to another lane for traffic or to leave the roadway shall first see that the movement can be made in safety, and if the operation of any other vehicle may be affected by the movement shall give a signal plainly visible to the driver or operator of the other vehicle of the intention to make the movement. R.S.O. 1990, c. H.8, s. 142 (1).
If you can't move from one lane of traffic from another without anything happening, you're in trouble. Usually, you hear about this more with left turns rather than right. There are plenty of instances where a driver making a left collides with someone who unsuccessfully tries to beat a red, signals to go right but continues straight, etc. You have to make your turn assuming someone will make a mistake, otherwise you're in a hole.
Hence, technically one or both parties can be charged separately and one mistake doesn't cancel out the other.
