Hmmm, driving in marked curb lanes now "legal"...

[dr_sarcasm]

Interesting development highlighted in the Star's 'Wheels' column

http://www.wheels.ca/columns/article/799860

Excerpt from the article: "This precedent-setting decision effectively put an end to police laying the charge of “fail to drive in marked lane” under S. 154(1)(a) HTA for crossings onto marked shoulder areas — unless, of course, a collision occurred as a result."

Guess I'll go out and drive on those marked shoulders, yay me!

 

[silverbullet132]

What would one be charged with for driving on a closed on/off ramp?

 

[geoff-9]

the article is wrong, s.154 is not the correct ticket for people driving down the shoulder in rush hour like it makes out.

this is the correct charge.

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).



s.154 is driving not in the marked lane, essentially driving in two lanes. which has nothing to do with driving on the shoulder. the article is right in that the officer does have to prove it was unsafe for that charge as you technically can drive on the wrong side of the road if you wish as long as its safe but it has nothing to do with driving on the shoulder. .

What would one be charged with for driving on a closed on/off ramp?

Driving on closed highway prohibited
(3) Where signs or traffic control devices have been posted or placed under subsection (2), no person shall drive or operate a vehicle on the closed highway or part thereof in intentional disobedience of the signs or traffic control devices. R.S.O. 1990, c. H.8, s. 134 (3).

 

[silverbullet132]

Driving on closed highway prohibited
(3) Where signs or traffic control devices have been posted or placed under subsection (2), no person shall drive or operate a vehicle on the closed highway or part thereof in intentional disobedience of the signs or traffic control devices. R.S.O. 1990, c. H.8, s. 134 (3).

Would it be legal to get off my bike turn off the ignition and push it through? Pending there is no construction workers etc. The weston road and following ramps closures this past weekend really screwed my plans up.

 

[Rob MacLennan]

the article is wrong, s.154 is not the correct ticket for people driving down the shoulder in rush hour like it makes out.

this is the correct charge.

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).

s.154 is driving not in the marked lane, essentially driving in two lanes. which has nothing to do with driving on the shoulder. the article is right in that the officer does not to prove it was unsafe for that charge as you technically can drive on the wrong side of the road if you wish as long as its safe but it has nothing to do with driving on the shoulder.

I believe that you're correct here, but in reality either charge should be applicable. This needs to be fixed. It's a selfish and dangerous practise, as people don't expect to have to watch for vehicles using a non-lane.

*EDIT* This appears to be the decision, that has resulted in the issue.

http://www.canlii.org/en/on/onca/doc/2010/2010onca589/2010onca589.html

 

[Baggsy]

So, basically someone entered the highway across the solid line and was cited for it. It seems a leap to relate that to driving on the shoulder. What happens now with driver testing - I assume that if you did that during a drive test it would have been an instant fail before?

One other question that I think is related. Thirty-five years ago I was taught to ignore the hash marks for the left turn lanes. Admittedly, that was when there was much less traffic on the road. I don't ever cross into the oncoming traffic lane in such a situation, but I have seen others do so. What happens if I'm travelling down the hash marks to the left turn lane, and someone side-swipes me coming in at the dotted lines?

 

[Rob MacLennan]

So, basically someone entered the highway across the solid line and was cited for it. It seems a leap to relate that to driving on the shoulder. What happens now with driver testing - I assume that if you did that during a drive test it would have been an instant fail before?

One other question that I think is related. Thirty-five years ago I was taught to ignore the hash marks for the left turn lanes. Admittedly, that was when there was much less traffic on the road. I don't ever cross into the oncoming traffic lane in such a situation, but I have seen others do so. What happens if I'm travelling down the hash marks to the left turn lane, and someone side-swipes me coming in at the dotted lines?

In reading the decision, it sounds much the opposite; a driver used the exit to get further ahead of traffic, then crossed the bullnose to rejoin the highway. (I could be wrong here, but didn't see a link to the original case).

With respect to white lines if I was looking for a dashed line, in order to make my lane change into the turn lane from Steeles eastbound to Dixie Rd. north, I'd never make the turn.

 

[dr_sarcasm]

In reading the decision, it sounds much the opposite; a driver used the exit to get further ahead of traffic, then crossed the bullnose to rejoin the highway. (I could be wrong here, but didn't see a link to the original case).

Much like I had interpreted it as well.

To geoff-9: I believe the paralegal from Pointts (who is the major/sole source of the article) is the one citing the charge (i.e. not sure how it can be the wrong one as the article stems from this charge and the impending ramifications from it)?

 

[geoff-9]

Would it be legal to get off my bike turn off the ignition and push it through? Pending there is no construction workers etc. The weston road and following ramps closures this past weekend really screwed my plans up.

umm?, now its getting complex, turbodish is your man for that question. he will definitely know. i dont want to give you the wrong answer.



looked into it some more and turns out this is the actual law the article pertains to. although s.150 and s.151 can both be used in my opinion.


s.151(5)

Non-authorized use of shoulder prohibited

(5) No person shall drive on the paved shoulder of any part of the King’s Highway except in accordance with this section and a regulation made under it. 2005, c. 26, Sched. A, s. 24.

 

[geoff-9]

Much like I had interpreted it as well.

To geoff-9: I believe the paralegal from Pointts (who is the major/sole source of the article) is the one citing the charge (i.e. not sure how it can be the wrong one as the article stems from this charge and the impending ramifications from it)?

i dont know, i have the 2011 hta and the wording that i quote from the hta is fairly self explanatory to what the article is suggesting, (driving down the shoulder to get ahead of traffic. )
fail to drive in marked lane may be a charge officers use for this and other offences of a similar nature, as its more encompassing and broader definition to the ones that i have quoted. therefore an easier conviction.

i find a lot of charges in the hta are overlapping to a degree so there is discretion as to what to lay so a different officer may lay a different charge for the same offence.
for example a stop sign ticket is 3 points and $110 fine. instead the officer can lay a 'disobey official sign' S.151(1) which carries no points, which is essentially a reduced ticket for the driver if you want to cut them a break but not let them off.

another example is S.150 (drive off roadway to pass) and s.154 (fail to maintain lane) both carry 3 points. but s.151(5) as i discussed above does not carry any points. and is essentially the same charge or very similar.

 

[unL33T]

Huh. As much as I knew it was technically illegal to cross those lines, I never thought someone might actually get charged for that. If traffic's clear I will occasionally merge before the line turns into dashed and if it's heavy I sometimes get stuck in an exiting lane and cross the solid again a few feet past the end when merging, although I'm not doing this to get ahead so much as there just isn't space and I don't want to stop in the moving lane and hold up traffic while I try to merge. I guess I'll be a little more careful about not doing that though.

 

[LoneRonin]

Would it be legal to get off my bike turn off the ignition and push it through? Pending there is no construction workers etc. The weston road and following ramps closures this past weekend really screwed my plans up.

I don't know about the legality, but all I would say if anything happened is that my bike overheated and shut down, and that you're preventing it from being an obstruction on the roadway by pushing it along....