Need advice on "Pass on Right - Not in safety" Offence | GTAMotorcycle.com

Need advice on "Pass on Right - Not in safety" Offence

S

skinnydragon

Member
Tonight after dinner while riding 2 up on Bloor St by Bathurst a taxi driver slows down his car and stops for no apparent reason. While the taxi was slowing down and about to stop I passed him on the right to avoid a rear end collision (If I were to continue going at the same speed). While pulling off that maneuver and passing the taxi a parked car opened their door (parked in the right lane) without looking hit my bike which sent my passenger off the bike and hitting the floor. Thankfully we're both okay with minor scrapes and muscle soreness. Police were called after the accident and I've been charged with a Pass on Right - Not in Safety offence for $110. The officers are saying that I'm at fault for this accident since I was not suppose to pass on the right where their were parked cars.

I'm not really sure what I should do with the ticket if I should just pay off the $110 or call a paralegal and ask them to help me fight. I just checked HTA and this offence renders a 3 point demerit points. Do you guys have any idea on how it will affect my and my brothers' insurance? (The insurance policy is under my brother's name)

Thank you for any inputs.
 
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To avoid the taxi you changed lanes into the parking lane and got a door prize? Or did you pass the taxi within its lane?

Riding in the parking lane is legal, no idea why the cop did not charge you. The person opening their door should have been charged not you.
 
The taxi was in the left lane and I passed it on the right lane which had parked cars. The person in the parked car had a suspended licence prior to the accident. The police considered me lane splitting/filtering because I was riding in a lane that was already operated by another vehicle.
 
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Well, it sounds to me like you're clearly in the right here. Get a lawyer or paralegal and fight this. It also sounds like you should be claiming damages to your bike through your insurance which would then get it from the insurance company of the person whose door hit you.

The only advice that you should take from this forum is to get the lawyer, though. Most people (including myself) only have a foggy idea of how this works.
 
Yeah I have to claim the damages through insurance because the Police came and was given the Motor vehicle accident report. I'm probably going to call redline and see what they say about my case.
 
According to everything I've read on here, since the parked car was parked, and not moving, you were not splitting and changed into a legal lane. Please post back what happens because I ride in the parked lane sometimes (slowly and carefully) when traffic is stopped and I'd hate to be held responsible if someone "door prizes" me.You should have asked how the situation is any different than if you had been on a bicycle.
 
I don't know about being entirely in the right, here, but it looks good. Consider your distance from the cab before you had to pass on the right in order to avoid it. An argument for you following to close to the cab may have the potential to spoil a good case.
 
unL33T said:
According to everything I've read on here, since the parked car was parked, and not moving, you were not splitting and changed into a legal lane. Please post back what happens because I ride in the parked lane sometimes (slowly and carefully) when traffic is stopped and I'd hate to be held responsible if someone "door prizes" me.You should have asked how the situation is any different than if you had been on a bicycle.
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If the car was parked and he was hit by the parked car's door, then that would put him in between the cab and the parked car Would he not be considered in the parked car "space"... kinda iffy on that was not lane splitting if that is the case imo.
 
Re insurance, if there is a claim it will go against your brother as it his policy. The ticket will go against you as the driver.
 
bd112 said:
If the car was parked and he was hit by the parked car's door, then that would put him in between the cab and the parked car Would he not be considered in the parked car "space"... kinda iffy on that was not lane splitting if that is the case imo.
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The parked car has to watch before they open their door, due to the possibility of someone driving by as it is legal to drive/ride in the parking lane. As he said the parked car did not look before he opened his door, this would put the accident at the fault of the parked car.
 
When the collision occurred i was in between the Taxi driver and the parked car. The reason why the police issued me a ticket is because he was saying I was following the taxi too closely if not i would not have to change lanes. The taxi slowed down for no apparent reason then abruptly stopped. The only thing that crossed my mind at that moment was to find an escape route which was to change lanes and pass on the right.

I'm not sure if I am at fault for driving in the lane which had the park car. To make matters worse, I found out after looking at the collision report that the operator of the parked car had a suspended driver licence (meaning no valid insurance)

I want to thank you guys for all the help and advice given; it is greatly appreciated.
 
There has been a whole thread posted by OpenGambit - read this thread in it's entirety.

http://www.gtamotorcycle.com/vbforu...ate-of-the-law-in-Ontario-a-look-at-R-v-Bunda

If I read it correctly, filtering is considered ILLEGAL - if you ride in the lane of a parked car, it is considered illegal and will get a ticket for it and as mentioned above. You definitely won the door prize, I don't know if you can get away in suing the driver who opened the door but that may lose/lose situation for you and will just have to bite the bullet and hope the officer doesn't show.

Once again, take all this with your legal advisor who will guide you correctly.
 
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markopas said:
http://www.gtamotorcycle.com/vbforu...ate-of-the-law-in-Ontario-a-look-at-R-v-Bunda
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Read it, it appears that thread is about passing moving cars/cars not pulled over? That does not apply in OP's case, as he was riding in the lane along side PARKED/pulled over cars.

Maybe it is illegal, but the dozens of cops that I have passed doing it on Danforth/Bloor/Dundas have never pulled me over for it or said anything to me at a red light. Also your insurance should cover you for hitting an uninsured driver.
 
to clarify some points:
1) your insurance always pays your bills. that's no fault insurance. there is "no going after the other driver"
2) from my understanding, you can legally ride down the lane in which there are parked cars if there is enough room. this is different from "lane splitting or filtering" described in the Bunda case where the motorcyclist was trying to squeeze by cars in their own lane between the car and the curb

in my opinion, the police officer made a bad call. the fault lies with the driver of the parked car that opened his door without checking that the way was clear.

get redline to get this charge tossed out. also make sure your insurance doesn't try to hit you with an "at fault" accident, as the fault should lie with the person who opened the car door. if the do try to pin it on you, you will have to appeal to the ontario ombudsperson to get it sorted out.
 
Also make sure you're on top of the situation with your brother's insurance adjuster. Technically, you were legal to ride in that lane even if the cab wasn't there, so the fault lies with the guy who handed out the door prize. Unfortunately, IIRC, there is a provision in the Ontario FDR that if you got charged with anything, at least a portion of the fault goes to you. It'll be an uphill battle.
 
markopas said:
There has been a whole thread posted by OpenGambit - read this thread in it's entirety.

http://www.gtamotorcycle.com/vbforu...ate-of-the-law-in-Ontario-a-look-at-R-v-Bunda

If I read it correctly, filtering is considered ILLEGAL - if you ride in the lane of a parked car, it is considered illegal and will get a ticket for it and as mentioned above. You definitely won the door prize, I don't know if you can get away in suing the driver who opened the door but that may lose/lose situation for you and will just have to bite the bullet and hope the officer doesn't show.

Once again, take all this with your legal advisor who will guide you correctly.
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That's not correct. It is legal to ride or drive in a lane containing parked vehicles.

Think about it this way. You're on a one lane, one way street. If your interpretation was correct, no one could drive down that street if there was a parked car.
 
Coming back to the case. The ticket says "Pass on Right - Not in Safety". Correct?
So, you are not charged for riding in the lane with a parked car, but for not safe passing.

In this case, as I understand, you have to get to the point, that this was not passing the car on the right - that was riding in the right lane (which is legal); and that the car parked there had the engine turned off - no-operated vehicle; and that the person who opened the door had no insurance and he shouldn't be on the public road at no point.
I guess, there is also somewhere said, that the person in a parked car opening left door is automatically at fault, if he hits somebody (say bicycle).

I think that should be your case...
 
Just pay the ticket and get it over with, you have no case. You were following the taxi too closely, you admitted such and the cops said so too. Had you been the proper distance behind him you would have had time to stop behind him and wait until he moved or until it was safe to go around him. Going into the right lane with parked cars in it was wrong, it's still splitting a lane whether they are moving or not. Taxi's are notorious for pulling stupid moves and they often stop in the middle of lanes, you gotta give ample space and be ready for it and expect it. Rather wreckless of you to be following him that closely with a passenger on your bike to think about. Be more careful in the future.
 
Car who opened the door is at fault for the following:

165. No person shall,
(a) open the door of a motor vehicle on a highway without first taking due precautions to ensure that his or her act will not interfere with the movement of or endanger any other person or vehicle; or
(b) leave a door of a motor vehicle on a highway open on the side of the vehicle available to moving traffic for a period of time longer than is necessary to load or unload passengers. R.S.O. 1990, c. H.8, s. 165

You are allowed to pass in the same lane to the left of a parked or slow moving vehicle who is obliged to turn out to the right of the lane:




Slow vehicles to travel on right side
<!-- TRANSIT - HYPERLINK --><!-- .http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90h08_f.htm#s147s1. -->147.<!-- TRANSIT - HYPERLINK --><!-- .http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90h08_f.htm#s147s1. --> (1) Any vehicle travelling upon a roadway at less than the normal speed of traffic at that time and place shall, where practicable, be driven in the right-hand lane then available for traffic or as close as practicable to the right hand curb or edge of the roadway. R.S.O. 1990, c. H.8, s. 147 (1).


Overtaking and passing rules

148. (1) Every person in charge of a vehicle on a highway meeting another vehicle shall turn out to the right from the centre of the roadway, allowing the other vehicle one-half of the roadway free. R.S.O. 1990, c. H.8, s. 148 (1).


Vehicles or equestrians overtaken
<!-- TRANSIT - HYPERLINK --><!-- .http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90h08_f.htm#s148s2. -->(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. R.S.O. 1990, c. H.8, s. 148 (2).


You are allowed to pass to the right of a vehicle if:


150. (1) The driver of a motor vehicle may overtake and pass to the right of another vehicle only where the movement can be made in safety and,
(a) the vehicle overtaken is making or about to make a left turn or its driver has signalled his or her intention to make a left turn;
(b) is made on a highway with unobstructed pavement of sufficient width for two or more lines of vehicles in each direction; or
(c) is made on a highway designated for the use of one-way traffic only. R.S.O. 1990, c. H.8, s. 150 (1).



All you have to do is prove there was sufficient width to pass between the cars and it then becomes the fault of the car who opened his door in a manner which wasn't safe.


However, if you were within 30m of a pedestrian crossing you will be considered at fault for passing the leading edge of the car ahead of you.



Pedestrian crossover, duties of driver
<!-- TRANSIT - HYPERLINK --><!-- .http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90h08_f.htm#s140s1. -->140.<!-- TRANSIT - HYPERLINK --><!-- .http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90h08_f.htm#s140s1. --> (1) .....

Passing moving vehicles within 30 metres of pedestrian crossover
<!-- TRANSIT - HYPERLINK --><!-- .http://www.e-laws.gov.on.ca/html/statutes/french/elaws_statutes_90h08_f.htm#s140s3. -->(3) When a vehicle or street car is approaching a pedestrian crossover and is within 30 metres thereof, the driver of any other vehicle or street car approaching from the rear shall not allow the front extremity of his or her vehicle or streetcar to pass beyond the front extremity of the other vehicle or street car. R.S.O. 1990, c. H.8, s. 140 (3).






Point 1) Sharing a lane is NOT illegal (if there is sufficient width for another "vehicle" = your bike qualifies as a "vehicle" as defined in the HTA.

Point 2) The slower vehicle is obliged to turn out to the right of the lane to allow the faster overtaking vehicle to pass

Point 3) A door cannot be opened without first ascertaining it is safe to do so

Point 4) Since it was a multiline situation you were within your rights to pass to the right of the vehicle in the left lane regardless if they were signalling or not. You MUST however prove you had sufficient width for your vehicle to pass to the right of the left car, and the to the left of the right car.

Point 5) Cops love kicking bikers when they are down! It's their "I told ya so" moment.

Point 6) Never ever ever ever pay a ticket within 15 days...always request a trial and fight it!
 
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Johnny5 said:
Just pay the ticket and get it over with, you have no case. You were following the taxi too closely, you admitted such and the cops said so too. Had you been the proper distance behind him you would have had time to stop behind him and wait until he moved or until it was safe to go around him. Going into the right lane with parked cars in it was wrong, it's still splitting a lane whether they are moving or not. Taxi's are notorious for pulling stupid moves and they often stop in the middle of lanes, you gotta give ample space and be ready for it and expect it. Rather wreckless of you to be following him that closely with a passenger on your bike to think about. Be more careful in the future.
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This is nonsense.

You are entitled to pass either to the right or left, but only if safe to do so. There is no such law against filtering, there is however a quilt of laws that govern forms of filtering. In the description you gave, you were within the law (as long as there was sufficient width for your vehicle to pass, which you must prove and I cannot attest to). The cop on the other hand must now prove that there WASN'T sufficient width, and why the other vehicle was not at fault. He was negligent in his duties as far as I am concerned and casts doubt on his abilities to assess the situation. I am assuming of course the officer arrived after the incident and pulled that ticked out of his ****.
 
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