“Passing On The Shoulder”

Hello,

Please read 150 (1) (a).

Passing to right of vehicle

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).

I was in an accident where the offending driver was passing the vehicle in front of him on the paved shoulder. The vehicle in front of him was stopped because of traffic, but had no where to make a left turn. I was in the opposing lane and making a left turn. We collided on the shoulder.

Is he in violation of 150 (1) (a)?

Thank you,

Anonym

Since he was passing a vehicle that was signalling to turn left and the shoulder was paved, the action was lawful.

The vehicle did not have a signal to turn left. It couldn't have turned left.