Q&A - HOV Lane Speed Limits

Question: I am having difficulty with HOV Lanes and speed limits. Here are two different scenarios that I'm curious about and a comment about (non) enforcement of the speed limit during rush hour. I am uncomfortable using the HOV lane due to the dangerous behaviour of drivers overtaking me from the rear when I follow the speed limit.

1) HOV Lane - Scenario 1:

If a vehicle in the HOV lane is travelling SLOWER than the traffic in the Single-Occupancy Lane, and impeding HOV vehicles, is there a ruling that they must either:

• Increase their speed to match other traffic or
• Leave the HOV lane

What is the correct thing to do?

2) HOV Lane - Scenario 2:

A vehicle is travelling in the HOV lane (at the posted speed) and is approached from behind by a faster vehicle. Not wanting to impede traffic, the HOV car then changes lanes into the Single Occupant lane continuing at correct speed. While in the Single Occupant Lane, they find they are also being approached by faster (speeding) cars, that want to pass.

Does the two-passenger car change back to the HOV lane or stay where they are?

What is the correct thing to do?

3) Radar Monitoring:

Why is there no radar monitoring done during peak traffic times when all the traffic is exceeding the posted speed limit and there is more chance of an accident occurring? At other times of the day, if a vehicle is travelling (alone on the road) the same speed as rush hour traffic, why it is stopped for speeding?

It seems that the speed limit is dependent on the time of day.

I Don't Like Most HOV Lane Drivers

Like you, I prefer to use the right lane rather than the HOV lane. The "Me First!" drivers that overtake me in the HOV lane make driving there too stressful and more hazardous than convenient.

Slower Traffic Keep Right

There are two sections of the Motor Vehicle Act that restrict the lanes that you can use based on speed. 

150 (2) The driver of a vehicle proceeding at less than normal speed of traffic at the time and place and under existing conditions must drive the vehicle in the right hand lane available for traffic, or as closely as practicable to the right hand curb or edge of the roadway, except when

(a) overtaking and passing another vehicle,

(b) preparing for a left hand turn at an intersection or into an exit, a private road or a driveway, or

(c) passing an official vehicle stopped on the side of or on the roadway.

For most of their length, HOV lanes are separated from other traffic by a single solid white line. This says don't cross me, so one cannot get into or out of an HOV lane legally unless they are at a single broken white line.

The speed limit is just that and other HOV lane occupants should realize that. If they don't like it, let them stay out of the HOV lane and use the lane just to the right of it. More should be done to penalize their thoughtless and selfish behaviour.

151.1 (1) In this section, "leftmost lane", in relation to a laned roadway to which this section applies, means the lane that is furthest to the left of the marked lanes available for traffic proceeding in the same direction, other than

(a) a bus lane,

(b) a high occupancy vehicle lane, or

(c) a designated use lane.

This section specifically eliminates an HOV lane from it's requirement to keep right.

Following Too Closely

Scenario 2: Taking into account the discussion on solid lines above, your speed law abiding driver is no doubt being seriously tailgated (followed too closely) by the want to be speeder. When I worked traffic enforcement my action of choice in this situation was to ticket the tailgater. In my view, they are the problem here.

Simple self preservation may dictate that you move out of the HOV lane when the broken line appears, let the selfish driver go by and then move back.

Lack of Enforcement

Scenario 3: I can only speak for myself. I worked the peak traffic times and saved the quiet times to get paperwork done. A better question might be "why are there not sufficient traffic enforcement resources on the road to make their presence known more often?" You will have to ask your MLA that question.

If there are not enough workers on shift, you aren't going to see them.

This is also an opportunity for automated speed enforcement. If it is not practical to have officers there to do it, time over distance speed enforcement could.

Sometimes I think that we would rather suffer from collisions than have drivers who choose not to follow the rules pay for their behaviour until then.

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