[EMAIL PROTECTED] wrote:
> I was out on Saturday with a group of eight (4x2) (not OBC). Between
Highways 16
> and 416 on Bankfield Road going west the group was stopped by an OPP
officer.
I'm not sure on jurisdiction, but isn't that in the City of Ottawa?
> The offence was "Failure to turn right when overtaken" (section 148.2 of the
> HTA, I believe) and only the front outside rider was ticketed.
What section was it? It should be on the ticket.
>With considerable fierceness it should be added. The ticket was a
> whopping $110, although of course we have all chipped in.
If I received this ticket I would plead not guilty. Have you settled it yet?
> This sort of thing is discouraging me from riding much with the OBC and
perhaps
> some legal effort should be considered, particularly if it occurs on a
club run.
For club activities we likely would, starting with a call to the OPP legal
division and ask for the ticket to be withdrawn.
Here is my interpretation, assuming the charge is 148(6) specific to bicycles.
1. Sub-section (6) is almost identical to s-s (2) which applies to vehicles
in general including bicycles.
That means the intent of (6) also applies to all other vehicle drivers
under (2).
2. I understand 148 (2) and (6) are intended for those situations where a
vehicle has passed another vehicle but, for whatever reason, isn't able to
pull back to the right e.g. a heavy truck passes on a two lane highway but
loses momentum uphill as it is about to pull back to the right. The driver
being passed is required to facilitate the completion of the manoeuvre by
pulling over to the right. Obviously if the cyclist is as far right as
he/she can be while riding abreast of another cyclist, then they have met
the requirement of sub-section (6), but regardless I don't think this
circumstance applies in Peter's case anyway.
Clearly the law does not intend that every time a vehicle is passed its
driver has to "turn out to the right", otherwise there are a lot of drivers
owed tickets on the Queensway and other multi-lane roads. It seems the
policeman however believes that to be the case when the driver is a cyclist.
3. Apart from being specific to bicycles, (6) has an additional
requirement - "... and the vehicle or equestrian overtaking shall turn out
to the left so far as may be necessary to avoid a collision." I suspect
latter provides a legal exception to Section 154 that requires a vehicle to
be driven in a single lane. This would permit a motor vehicle driver to
pass a cyclist without entirely leaving the lane the cyclist is in. This is
not however relevant to this case.
HTA
Section 148
Vehicles or equestrians overtaken
(2) Every person in charge of a vehicle or on horseback on a highway who is
overtaken by a vehicle or equestrian travelling at a greater speed shall
turn out to the right and allow the overtaking vehicle or equestrian to pass.
.......
Bicycles overtaken
(6) Every person on a bicycle or motor assisted bicycle who is overtaken
by a vehicle or equestrian travelling at a greater speed shall turn out
to the right and allow the vehicle or equestrian to pass and the vehicle
or equestrian overtaking shall turn out to the left so far as may be
necessary to avoid a collision.
4. The tense in Section 148 "....who is overtaken" is important. It does
not say "...who is about to be overtaken" or "... is being overtaken".
I interpret both sections to mean that having been overtaken by a another
vehicle, the driver or cyclist shall facilitate the manoeuvre only as
necessary and certainly not every time they are passed.
Section 148 is not relevant to cyclists riding abreast.
Just my opinion
Avery
Avery Burdett
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