what's the exact mean for "right hand lane" in traffic act

briancctu4rv
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what's the exact mean for "right hand lane" in traffic act

Unread post by briancctu4rv on

Hi, I got a "improper right turn" ticket at DVP south exit to York Mills Road East for my action of entering into the middle lane. The officer said that I have to turn into the first right lane beside curb at any circumstance and there is space for me to do that. But that's not the traffic act says in my understanding. The traffic act requires driver to turn right into the "right hand turn" as the first choice, and "first lane beside curb" as the second choice. There are 3 lanes from the DVP exit (one lane) to York Mills Road East. First lane is approx. 100m with right turn pavement mark, which is obviously designated as exit lane from York Mills Road east to DVP north and discouraged for other uses. The middle and third lanes are as passing lanes for York Mills Road East. The right hand lane per traffic act for York Mills Road is the middle lane. If you want to enter into York mills Road East, the traffic act asks you to enter into the "right hand lane" of York Mills Road East which is suppose to be the middle lane. The first lane as the police officer enforced is the wrong choice and contrary to safety and easy traffic flow purpose. Most drivers behaviour like me in reality after driving practice and comparison and I believe that's the right action. I haven't get response for my email submission last week and ask your online export help since my court day is in next week. Another bad thing for me is the officer wrote me second ticket for "failing to stop at red light" without informing me in the field, which was not the fact in my memory and damage my view on police officer integrity.


argyll
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Unread post by argyll on

"Right turn at intersection
(2) Where a driver or operator of a vehicle intends to turn to the right into an intersecting highway, he or she shall, where the highway on which he or she is driving has marked lanes for traffic, approach the intersection within the right-hand lane or, where it has no such marked lanes, by keeping immediately to the left of the right curb or edge of the roadway and he or she shall make the right turn by entering the right-hand lane of the intersecting highway where the lane is marked or, where no such lane is marked, by keeping immediately to the left of the right curb or edge of the roadway being entered. R.S.O. 1990, c. H.8, s. 141 (2).

Right turn, where multiple lanes

(3) Despite subsection (2), where more than one lane of a highway has been designated as a right-turn lane, the driver or operator of a vehicle intending to turn to the right into an intersecting highway shall approach the intersection in one of the lanes and leave the intersection in the lane of the intersecting highway that corresponds to the lane from which the turn was commenced. R.S.O. 1990, c. H.8, s. 141 (3)."

Unless there were multiple right turn lanes on the roadway from which you were exiting then you need to keep to the extreme right of the roadway. Pretty simple.
Former Ontario Police Officer. Advice will become less relevant as the time goes by !


iFly55
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Unread post by iFly55 on

Streetview of the DVP Exit to York Mills: https://goo.gl/maps/UIu9s

http://www.ontario.ca/laws/statute/90h08#BK217
Right turn at intersection
(2) Where a driver or operator of a vehicle intends to turn to the right into an intersecting highway, he or she shall, where the highway on which he or she is driving has marked lanes for traffic, approach the intersection within the right-hand lane or, where it has no such marked lanes, by keeping immediately to the left of the right curb or edge of the roadway and he or she shall make the right turn by entering the right-hand lane of the intersecting highway where the lane is marked or, where no such lane is marked, by keeping immediately to the left of the right curb or edge of the roadway being entered. R.S.O. 1990, c. H.8, s. 141 (2).
The red light ticket may be for failing to stop behind the marked white line before making the right turn. You will need to request disclosure, and get the officer's notes to better understand the red light ticket.

Your actions were not lawful, you must always turn right even into the DVP on-ramp lane and then move into the York Mills lanes. The Highway Traffic Act is pretty clear about this.

Markings on the pavement leading to the on-ramp are not enforceable, they're advisory only. There needs to be a black and white sign as per the Regulation 615 to designate the lane for on-ramp traffic. Ex: https://goo.gl/maps/65ZRR


briancctu4rv
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Unread post by briancctu4rv on

Thank you guys comments and it's not persuasive. The traffic acts separate and place the word "right-hand lane" before "the left of the right curb" is asking you to judge which marked lane is proper for you to enter, which doesn't mean you should go to the "the left of the right curb" if the lane marking is not enforceable. When lane marking indicated, you choose the marking suggested lane which should always reflect better safe and free flow traffic principles. The dashed white marking line between first and middle lane is mainly for vehicle transferring from York Mills Rd into ramp entrance to DVP north and not encouraged other side obviously. The lane marking in that intersection suggests driver turning right into the middle lane from the dvp exit. It is lawful to act as per lane marking suggested, even not enforceable according to traffic act 142 words.


iFly55
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Unread post by iFly55 on

The Streetview image from Aug 2014 shows the lane markings on the DVP offramp: https://goo.gl/maps/UFhpr https://goo.gl/maps/N0f3p

How are you misinterpreting this lane marking to mean "turn into the middle lane"? A U.S. or Out of Province Driver will look at the sign and lines painted on the ground and turn into the middle lane?

Only the locals would be illegally turning into the middle lane because they're lazy and know they have to merge back in <150m.

You're over complicating this very simple concept. Turn from the right hand lane into the right hand lane.

The middle lane at York Mills Rd is not the right hand lane. The highway traffic act says turn into the right hand lane at the intersection. The DVP on-ramp lane is part of that intersection.

I don't agree with your "safe and free flow" principle because if you only make a red light right turn on to the middle lane. That means that you wait for two lanes of eastbound traffic to be free: middle and right lane. Whereas another driver would only need the right hand lane to be free, they would turn into the right hand lane and if they're continuing eastbound on York Mills they will merge into the middle lane. More drivers can turn onto York Mills if they use the right hand lane.


briancctu4rv
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Unread post by briancctu4rv on

It is completed indeed. I uses the intersection every weekday for over 15 years and list some headaches experienced when turning into the first lane.
During the red light it's dangerous to turn when two lanes of eastbound traffic is not free, since there is almost no right turn storage before the intersection on York mills Rd east and vehicles merge to the right lane just after the intersection. The right merging vehicles on York Mills Rd have the priority and you have to wait until all lanes are free and safe.
After you enter into the first ramp-up lane, it's difficult to act normally to switch left. The east bound traffic appear quickly from downhill road after intersection with no signals in most situation. You cannot judge if it's the passing or right turning traffic and delaying action will cause vehicles lining-up. And most right turn vehicles behind speed up to pass on your left lane.
So the practical action is entering into east bound traffic as quick as possible. Many vehicles symbolically turn into the first lane and quickly switch left within 10 meters, which is the nothing different from the action of entering into middle lane. Is everyone wrong and guilty? It's possibly not and not reasonable.


argyll
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Unread post by argyll on

You are getting the same response from everyone and you disagree; that is your right. However it's not what we think or what you think, it's what the justice thinks and you have to consider that you're getting advice from people experienced with how the courts think and rule. Your choice how you proceed.




Former Ontario Police Officer. Advice will become less relevant as the time goes by !


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