Can a Driver Get a Traffic Ticket For Using the Right Shoulder to Pass a Left Turning Vehicle?

Passing Another Vehicle By Driving Off the Road Onto An Unpaved Shoulder Is Illegal Subject to Exception For Certain Emergency Vehicles and Other Vehicles. The Applicable Fine May Be Up to $1,000 Plus Victim Surcharge and Court Costs. A Guilty Driver Will Also Receive Three (3) Demerit Points and Possible Insurance Rate Increases.

[Legal Firm's Name] says

please drive

carefully. responsibly. prudently. safely. cautiously.


A Helpful Guide For How to Determine the Potential Fine and Defence Strategies For a Passing on Right of Vehicle Traffic Ticket

Car Using Right Shoulder of Road to Pass Another Car When a driver attempts to pass to the right of another vehicle, many risks are taken that could lead to serious injury and even death for the driver, other motorists on the road, pedestrians, bicyclists, among others; and accordingly, penalties for for unlawful passing to the right of another vehicle may be significant.

The Law

Passing to right of vehicle

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.

Driving off roadway prohibited

(2) No driver of a motor vehicle shall overtake and pass another vehicle by driving off the roadway.

Non-application of subs. (2)

(3) Subsection (2) does not apply to,

(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;

(c) a police department vehicle or a vehicle being driven by an officer appointed for carrying out the provisions of this Act;

(d) a tow truck where the driver is responding to a police request for assistance;

(e) a road service vehicle; or

(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.

General penalty

214 (1) Every person who contravenes this Act or any regulation is guilty of an offence and on conviction, where a penalty for the contravention is not otherwise provided for herein, is liable to a fine of not less than $60 and not more than $1,000.

Defence Strategy

A passing on right of vehicle charge, although generally treated as a minor offence, may still pose serious concern, especially in circumstances where the charge arises from an accident where people were injured and civil liability issues may be involved.  Additionally, concerns may arise for a driver with a poor record due to a history of previous convictions and thus the driver is on the cusp of a licence suspension or significant consequences to insurance rates.

When defending a passing right of vehicle charge, during the examination phase of the court trial, meaning during questioning of the witness for the prosecution, who is most likely a usually a police officer who laid the charge, questions can be posed which help to diminish the strength of the testimony by the police officer.  Questions that can help diminish the strength of testimony may include asking the police officer, or other witnesses:

  • To state how far away the police officer was when the alleged observations were made;
  • To state where the alleged passing on the right incident occurred;
  • To state whether the vehicle in front that was turning left stopped suddenly;
  • To state whether the vehicle in front that was turning left signalled properly;
  • To state details about the width of the roadway at the place where the passing on the right incident allegedly occurred;
  • To state details about what the construction materials are for the roadway at the place where the passing on the right incident allegedly occurred;
  • To state other facts that may be relevant as may be determined upon review of the evidence, among other things.

Accordingly, putting up a strong fight, by knowing what to ask during witness examinations as well as knowing what to avoid asking, may be wise and necessary.

Summary Comment

Upon a finding of guilt for unlawful passing on the right of another vehicle, a driver may be fined up to $1,000 plus victim surcharge and court costs.  A driver will also receive three (3) demerit points and may receive insurance rate hikes.


[Legal Firm's Name] provides affordable services for clients located in [Legal Firm's City], St. Catharines, Hamilton, Toronto, London, among other places!
Get a FREE ½ HOUR CONSULTATION

Need Help? Let's Get Started Today

ATTENTION: Do not send any confidential information through this website form.  Use this website form only for making an introduction.

For more information, fill out the form below to send a direct inquiry to Marketing.Legal

ATTENTION: Do not send any confidential information through this website form.  Use this website form only for making an introduction with a Marketing.Legal representative.
Marketing.Legal

86 Kersey Crescent
Courtice, Ontario,
L1E 0A4

P: (800) 551-5751
E: awesome@marketing.legal

Hours of Business:

10:00AM – 8:00PM
10:00AM – 8:00PM
10:00AM – 8:00PM
10:00AM – 8:00PM
10:00AM – 8:00PM
Monday:
Tuesday:
Wednesday:
Thursday:
Friday:

By appointment only.  Please call for details.







Serving:

Lawyers
Paralegals
Law Clerks
Process Servers
and more.

Questions?

We Offer a 
FREE ½ Hour Consultation

Marketing.Legal is a 100% Canadian brand, owned and operated incorporated business, with dedicated expert professionals, having decades of qualified experience in Website Development, Search Engine Optimization (SEO), Google Adwords, and Social Media marketing for Lawyers and Paralegals.  Website design for lawyers in Ontario, Canada.


Marketing.Legal

SSL Secured
Trust https://marketing.legal


Animated Spinner