Antiquated wording or not, a part of 148 is clear enough to have the ticket thrown out. It is necessary to look at 148(6) or (2) in conjunction with sub-section (5).
Vehicles or equestrians overtaking others (5) Every person in charge of a vehicle or on horseback on a highway who is overtaking another vehicle or equestrian shall turn out to the left so far as may be necessary to avoid a collision with the vehicle or equestrian overtaken, and the person overtaken is not required to leave more than one-half of the roadway free. The person overtaken was Peter Scott and according to (5) is not required to leave more than one half of the roadway free. Assuming his group was on the right side of the roadway - I believe Bankfield has a centre stripe - he would have left more than one half of the roadway free. Thus he could not be guilty of violating either 148(2) or 148(6). Peter James wrote: .... > > I think that the wording is more a record of historical circumstances > rather than a well-thought out effort to convey a particular meaning. > Typically the HTA has been added to over the years as circumstances have > changed, but rarely have any clauses been withdrawn. "Turning out to the > right" is, I think, descriptive of the action required many years ago > when roads were narrow and a considerable degree of co-operation was > required for a passing, or indeed a meeting, manoeuvre. It's unfortunate > that this antiquated wording is still in place. I think Graydon posted a > while ago that this clause is typically be used when a rear-end > collision had occurred, and typically of course against the passing > driver. > > > Whilst on the topic of the HTA - If there is no other traffic, and there > is good visibility, and you are not turning, nowhere does the HTA > require that you drive on the right side of the road. Check it out.... > > Vehicles only have to keep to the right when the circumstances in 148 > apply, and in circumstances of limited visibility (149). "Slow" vehicles > are further restricted by 147 - but again there have to be other > vehicles present. So we can't throw 148 out without replacing it with a > "drive on the right" rule. > > -- > Peter James > Ottawa, Ontario > > > ------------------------------------------------- For list help, please send email to [EMAIL PROTECTED] Club Office: [EMAIL PROTECTED] (613) 230-1064 Web/mailing list: [EMAIL PROTECTED] http://www.cyberus.ca/~obcweb Newsletter: [EMAIL PROTECTED] http://www.cyberus.ca/~obcweb/Newsletter ------------------------------------------------- ==^================================================================ This email was sent to: [email protected] EASY UNSUBSCRIBE click here: http://topica.com/u/?aVxiDo.a2i8p1 Or send an email to: [EMAIL PROTECTED] T O P I C A -- Register now to manage your mail! http://www.topica.com/partner/tag02/register ==^================================================================
