Dear Cop - Passing On Right

Sometimes I am stopped to make a left hand turn and the motorist will come barrelling behind and pass on the right hand side on to the bike lane instead of waiting. Is this legal?

A vehicle may not pass another vehicle on the right if the passing vehicle corsses over into the bicycle lane or onto the gravel shoulder. The bike lane and the shoulder are not considered part of the laned roadway.

Passing on right

Section 158 (1) of the Motor Vehicle Act indicates that the driver of a vehicle must not cause or permit the vehicle to overtake and pass on the right of another vehicle, except

(a) when the vehicle overtaken is making a left turn or its driver has signalled his or her intention to make a left turn,
(b) when on a laned roadway there is one or more than one unobstructed lane on the side of the roadway on which the driver is permitted to drive, or
(c) on a one way street or a highway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and is of sufficient width for 2 or more lanes of moving vehicles.
(2) Despite subsection (1), a driver of a vehicle must not cause the vehicle to overtake and pass another vehicle on the right
(a) when the movement cannot be made safely, or
(b) by driving the vehicle off the roadway.

Constable R.A.(Richard) ASELTON
Central Okanagan Traffic Services - Media Liaison

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.