[42] Mr Bunda also changed his story on the left turn signals of the cars stopped at the traffic lights. Initially, he testified that all the cars (although he was unsure as to how many there actually were – 2 or 3) had their left turn signals on when stopped. However, under cross examination by Mr Cotter he finally switched his story and admitted he couldn’t see the turn signals of any other than the stopped car immediately in front of him.
[43] Mr Bunda testified that when passing the cars on the right, he maintained a speed of 5 to 15 kph and did not have to manoeuvre to get around the car’s mirrors.
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[47] Therefore, I accept Officer’s Morrow testimony that Mr Bunda’s front wheel was within 2 feet of the lead motorcycle, as he travelled down Lancaster Street. I further accept the officer’s testimony that Mr Bunda was in such close proximity to the cars he passed on the right that he had to weave to maneuvre around their mirrors.
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[50] In my view, the actions of Mr Bunda were not consistent with a mere error in judgment. His pattern both of driving in close proximity to the lead motorcycle on Lancaster Street coupled with his passing the cars on the right was consistent with a lack of due care and attention and without reasonable consideration for other persons using the highway. He departed from the standard of care which a reasonable and prudent driver would follow.
[51] I now consider whether he endangered any person by ‘driving a motor vehicle in a manner that indicates an intention to drive, without justification, as close as possible to another vehicle’. In my view, he did endanger himself, the other motorcyclists and persons in the cars stopped at the traffic light by being in such close proximity to other vehicles. With a distance of only 2 feet from the lead motorcycle he would have had no time to take appropriate evasive action had the lead motorcyclist swerved to his right. A collision would have been likely. Similarly, had any person be it a child or an adult opened his or her car door when Mr Bunda passed to the right, that person or Mr Bunda may have been injured. As I found above, there was no room for Mr Bunda’s motorcycle to be to the right of the cars and as such there would be no expectation on the part of a person opening a car door that a motorcycle would suddenly appear beside them.
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[54] Mr Bunda committed an offence under s. 172(1) of the Highway Traffic Act, as specifically set out in s. 3.8.iii of O.Reg. 455/07.
[55] A conviction will be registered.
