Passing

Information regarding passing other vehicles

CASE LAW - R v Kaiser

BC Courts Coat of ArmsRichard Kaiser was ticketed for failing to slow while passing a police car while that car’s emergency lights were activated. He disputed that ticket on two grounds, the regulation offended the Charter by being too vague and that the officer was merely making notes concerning a previous violator at the time and so had entrapped Mr. Kaiser. Judge Takahashi convicted Mr. Kaiser.

CASE LAW - Ormiston v ICBC

BC Courts Coat of ArmsDixon Ormiston fell from his bicycle and sustained serious injury after being forced against a concrete abutment by a vehicle that veered into his path while he was passing it on the right side. Of interest in deciding the liability in this case is the examination of passing on the right, both by a vehicle driver and a cyclist.

Q&A - Passing in School Zones

Q&A ImageThe way I was taught to drive in school zones was that there is no passing, even with four lanes, even with people stopping to let someone out, or a cyclist who is doing 20 km/h rather than the posted 30 km/h maximum. However, I have been passed in all three of these instances recently, by people who felt they were well entitled to their actions. This needs some clarification.

Passing on the Right Revisited

No Pass On RightI hope that an article about passing on the right might help at least some drivers understand the rules and help improve the driving community. I have made a point of keeping to the right side of the lane to try and prevent vehicles from passing. One day a driver fingered and yelled at me, yet the driver was attempting to do something illegal (even though many drivers perform this illegal act).

Q&A - Yielding to Cyclists Overtaking on the Right

painted cycle laneYour recent bicycle column stirred me to ask a question. I was in Kelowna, traveling north on Harvey Ave, and wanting to turn right into the strip mall where Jysk and the new Big and Tall are located (among many others). I was in the HOV lane, and had to wait while 3 pedestrians on the sidewalk slowly crossed in front of my path. When they were clear, I made my turn, then to be hurled a number of expletives from a cyclist that was intending to pass me on the right but had to stop quickly.

Passing a Cyclist Safely

CyclistCyclists are entitled to their share of the highway, just as motor vehicle drivers are. When they are overtaken by a motor vehicle, it is the driver's responsibility to pass the cyclist safely. It is not the cyclists responsibility to get out of the way of the driver if the cyclist is legally occupying the lane.

CASE LAW - Langley v Heppner

BC Courts Coat of ArmsThis case decides the liability for a collision where a motorcycle overtaking two vehicles is struck when the second vehicle pulled out to pass the first. All three had been following together at a speed under the limit. At the first available opportunity the motorcycle passed, not seeing a signal from the vehicle in front.