more importantly, is it legal for a vehicle to move to the right shoulder before making a left turn?, thereby preventing the cyclist to pass him upon the shoulder, and forcing him to move into the center of the lane, not knowing he is about to turn left!
this just happened to me today and i collided with an Audi. is there anything i can do like plead my charges down or anything? ive been charged with careless driving and driving without insurance on a motorized vehicle. i guess thats what 66cc and 3 hp gets you
However I have no Idea why a person would edge right to turn left like you discribe. You were wrong to go to his left though. IMO
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 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;
So the short answer is yes, under those circumstances, you may drive onto the shoulder to pass a vehicle that is turnng left. Granted, bicycles are not "motor vehicles" but since you were driving a motor vehicle (per the regulations) it applies in your case.
levi1670 wrote:more importantly, is it legal for a vehicle to move to the right shoulder before making a left turn?
levi1670 wrote:is there anything i can do like plead my charges down or anything?
In this case, careless driving could probably be beaten in court or at least pled down to something lesser. Basically, if the driver was signalling left, you started to edge to the right shoulder to pass him and he swung right, there's a good reason for charging him with something. The "no insurance" charge is another situation entirely. I'd suggest that you get some sort of professional advice with these charges.
beleafer81 wrote:However I have no Idea why a person would edge right to turn left like you discribe.
It's one of those weird "swingout" turns that people do. I have no idea why they'd do it, either. I guess it comes from not being properly taught how to drive. It's the same sort of people who edge to the left when making a right turn, for reasons known only to them....
http://www.OntarioTicket.com OR http://www.OHTA.ca
If you get a licensed paralegal to represent you in court you should be able to have this ticket dropped.
If you pay the ticket it will go on your drivers license if you have one and affect your car insurance for 3 years. The careless driving ticket will put the insurance into high risk rates of thousands of dollars per year.
Seek some proper legal advice,
Retired Toronto Traffic Officer, Hit & Run Squad Detective,
Breathalyzer Tech, Radar/Highway Patrol