I could be wrong, but I don't think a JP could set a legal precedent, because they aren't actually a judge. I think if you lost and it went to appeals court, then it might.
As for passing on the right on the highway, I can't remember which one, but I do remember it saying that you can undertake if done carefully. The exact wording escapes my mind. What was said earlier I also believe is true, in that all those criteria need to be met a, b, and c.... not just one of them.
I'm kean to find clarity on this issue because if it isn't stated somewhere else in the HTA that undertaking is an exception to 150 (1) (a;b; or c), then the case could be made that the semicolons in use here DO NOT IMPLY sub sectionS a and b must me met
together to allow a pass on the right hand side.
Otherwise if there is no other allowance to pass on the right (found in the HTA), then undertaking all together is illegal.
Where I reference 140 (3) above, it is not clear whether passing of stopped vehicles in proximity to a pedestrian cross-over is allowed on the right....again
it IS allowed, but is vague as to which side the pass is allowed on!!!
Like I said before, you might get some leverage out of the "stopped" vehicle laws.... what is the difference between stopped and parked, because it seems like the law just lumps them all together. If that is the case, then why can't one share a lane with a stopped vehicle?
In 140 (3) I have found leverage on the difference and distinction between
stopped and
moving vehicles within a 30m proximity of a pedestrian crossing. So there is definitely more support for filtering there...assuming the lane sharing issue is permitted! As I state, I believe that lane sharing
is permitted (on the right side) in 150 (1)(b)
(IF IT CAN BE PROPERLY ASSUMED THAT SUBSECTION B) CAN BE APPLIED INDEPENDENT OF A)). I also find lane sharing permitted on the left side in multiple examples in the HTA, so I have no problem filtering on the left side of a lane!
Another thing that would be interesting to know is that if you can't undertake a stopped vehicle, then technically you can't squeeze past on the right even if there is a ton of room and turn right at a set of lights.
Yes, I agree...if undertaking is not allowed in the HTA
(and it seems to all hinge on the interpretation of the semicolon in 150 (1) between subsection a) and b)) then you may pass a
stopped vehicle to the
left up to, but not beyond the pedestrian crossing,
but not to the right of the stopped vehicle.
*** On a technicallity then, you
could filter or share a lane on the
left most side of any amount of lane traffic if filtering through
stopped traffic (
approaching an intersection) and if there is sufficient width available. -- Even if 150(1) a) + b) is a rule!!!! -- in the event "undertaking" is actually illegal in the HTA
On to the issue of the semicolon (now I realize it is nitpicking but that's what it has come to and damn it I'll get down to this in my trial if it comes to it!)
http://dictionary.reference.com/browse/semicolon
sem·i·co·lon
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</OBJECT><NOSCRIPT></NOSCRIPT> /
ˈsɛm
ɪˌkoʊlən/
Show Spelled[
sem-i-koh-l
uhn]
Show IPA<!-- google_ad_section_end -->
–noun the punctuation mark ( used to indicate a major division in a sentence where a more distinct separation is felt between clauses or items on a list than is indicated by a comma, as between the two clauses of a compound sentence.
so they are linked somehow but not a strict "AND" relationship as a comma would imply
Cultural Dictionary
semicolon definition
A punctuation mark ( used to join two independent clauses in a sentence. The semicolon shows that the ideas in the two clauses are related: “Jack really didn't mind being left without a car; he had the house to himself.”
The American Heritage® New Dictionary of Cultural Literacy, Third Edition
Copyright © 2005 by Houghton Mifflin Company.
Published by Houghton Mifflin Company. All rights reserved.
Cite This Source
note in this case the definition of semicolon indicating
2 independent but related clauses. I have not yet found a definition of a semi colon stating it means a strict
AND relationship. It merely means these 2 sentences are independent but
somehow related, and not as related and fluid as a comma would call for.
As far as I'm concerned (IMO) "undertaking" and sharing a lane to the right of a vehicle in a "multi-line" situation with sufficient width IS LEGAL in the HTA and as such so is filtering with reference to the other clauses in the HTA we hammered out!
