(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).
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) a motor vehicle overtaking and passing to the right of another vehicle 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;
(b) an ambulance or fire department vehicle as defined in section 61;
(c) a police department or Ministry emergency vehicle;
(d) a tow truck where the driver is responding to a police request for assistance; or
(e) a road service vehicle. R.S.O. 1990, c. H.8, s. 150 (3).
Note: On a day to be named by proclamation of the Lieutenant Governor, subsection (3) is amended by the Statutes of Ontario, 1994, chapter 27, subsection 138 (14) by striking out "or" at the end of clause (d), by adding "or" at the end of clause (e) and by adding the following clause:
(f) a motor vehicle overtaking and passing to the right of a road service vehicle or road-building machine where a person apparently employed by or on behalf of the authority that is engaged in the highway maintenance operation has directed the driver to pass it and the movement can be made in safety.
See: 1994, c. 27, ss. 138 (14), 144.
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