“S. 149 - Operating To Left Of Centre On Curve”

This may be a duplicate post, but:

Is this strict liability? Does the drivers view have to be obstructed?

Any experiences or comments on defending this would be appreciated. The charge is based on operating to the left of centre on a curve. Does it matter whether the centre line has been marked?

149. (1) No vehicle shall be driven or operated to the left of the centre of a roadway designed for one or more lines of traffic in each direction,

(a) when approaching the crest of a grade or upon a curve in the roadway or within 30 metres of a bridge, viaduct or tunnel where the drivers view is obstructed within that distance so as to create a potential hazard in the event another vehicle might approach from the opposite direction; or

(b) when approaching within 30 metres of a level railway crossing. R.S.O. 1990, c. H.8, s. 149 (1).

Exception

(2) Subsection (1) does not apply,

(a) on a highway divided into clearly marked lanes where there are more such lanes for traffic in one direction than in the other direction;

(b) to a road service vehicle where precautions are taken to eliminate the hazard; or

(c) on a highway while it is designated for the use of one-way traffic. R.S.O. 1990, c. H.8, s. 149 (2).