OHTA.ca

Hello,

I was just wondering if there was any text in the HTA that suggests that when driving on a highway with three lanes going in each direction, drivers should generally always be in the rightmost lane unless they are passing.

At first, I thought 154(b) was what I was looking for, but now I'm not so sure?

Thanks in advance!

When there are three lanes of traffic in each direction you may drive in the centre lane or left most lane at anytime.

HTA s. 150(b) deals with passing and articulates that you may pass to the right with two or more lanes. You could only pass to the right if you were travelling in the left most or centre lane.

The section says two or more "lines," but the letter "i" in my view is a typo in the Act and it should be an "a," depicting the word "lanes," not lines.

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,

...

(b) is made on a highway with unobstructed pavement of sufficient width for two or more lines of vehicles in each direction;

Moreover, s. 159(2) confirms this. The provision addresses vehicles travelling in the same lane as a stopped emergency vehicle or in the adjacent lane to the emergency vehicle when there is two or more lanes of traffic. The vehicle in the same lane must move over one lane, and the vehicles in the adjacent lane to the emergency vehicle (i.e, the centre lane) must also move over one lane.

If there are three lanes in one direction, a vehicle in an adjacent lane to the emergency vehicle is travelling in the centre lane, thus it depicts that travelling in the centre lane is legal.

Same

159 (2) Upon approaching an emergency vehicle with its lamp producing intermittent flashes of red light that is stopped on a highway with two or more lanes of traffic on the same side of the highway as the side on which the emergency vehicle is stopped, the driver of a vehicle travelling in the same lane that the emergency vehicle is stopped in or in a lane that is adjacent to the emergency vehicle, in addition to slowing down and proceeding with caution as required by subsection (1), shall move into another lane if the movement can be made in safety. 2002, c. 21, s. 1.

However, s. 147 states that if you are travelling at less than the normal speed of traffic (not the speed limit -the speed of traffic flow) you must travel in the right most lane. If you are in the leftmost lane and not tavelling at the normal speed of that lane you must move into the centre lane, and if you are in the centre lane and not travelling at the normal spped of traffic in that lane you must move to the right lane again.

Section 147 thus also confirms you may travel in the left most lane at anytime, and not only in the centre lane, provided you are not slowing down the normal traffic flow in that given lane.

If there are only two lanes of traffic in each direction, s. 147 still permits you to travel in the left most lane provided you are not travelling at less than the normal rate of speed in that lane, while s. 150(b) permits you to pass to the right when traveling in the left lane.

Slow vehicles to travel on right side

147. (1) Any vehicle travelling upon a roadway at less than the normal speed of traffic and place shall, where practicable, be driven in the right-hand lane then available for traffic or as close as practicable to the right hand curb or edge of the roadway. R.S.O. 1990, c. H.8, s. 147 (1).

Exception

(2) Subsection (1) does not apply to a driver of a,

(a) vehicle while overtaking and passing another vehicle proceeding in the same direction;

(b) vehicle while preparing for a left turn at an intersection or into a private road or driveway; or

(c) road service vehicle.

Section 154(b) deals with a three lane roadway. One lane in each direction and a turning lane in the centre. The centre cannot be used for travelling on, however it can be used to make a turn or even to pass another vehicle.

Where highway divided into lanes

154. (1) Where a highway has been divided into clearly marked lanes for traffic,

...

(b) in the case of a highway that is divided into three lanes, a vehicle shall not be driven in the centre lane except when overtaking and passing another vehicle where the roadway is clearly visible and the centre lane is clear of traffic within a reasonable safe distance, or in preparation for a left turn, or where the centre lane is at the time designated for the use of traffic moving in the direction in which the vehicle is proceeding and official signs are erected to indicate the designation;

Note that the centre lane is the truckers passing lane (they typically are not allowed in left lane at all). If you diddle along in the centre lane, you will have a big-rig inches off your bumper until you get the drift and move in to the rightmost lane.

The only lane for driving (not overtaking) is the right lane. I don't read the act as allowing driving in the centre lane at all. I don't define "normal" as the speed limit. Neither does the HTA or it would word it that way.

In Italy, slower cars actually pull off the road when they see Lambourgini's approaching from behind. Imagine that, drivers that USE their rear-view mirrors! (saw that on Speed TV - Supercars Exposed)

Good point about the centre lane being a trucker passing lane, however, unless there is a regulation (and there may be) trunks can travel in all lanes. I don't see where they are excluded from the leftmost lane when there are 3 or more lanes going in one direction.

Moreover, if there are only two lanes going to one direction the trunks can still pass in the leftmost lane.

Truncks are defined as commericial vehicles but commerical vehicles are also classified as motor vehicles, and all passing and travel lanes are accessible to all motor vehicles, excluding shoulder lanes and HOV lanes.

Trucks are, however, restricted on some roads by gross vehicle weight, axle weight, tire weight etc. and dangerous materials.

It is an urban legend that they cannot use the leftmost lane. There is also no official sign to restrict them to the rightmost lane, which tells me there is no regulation restricting them from the leftmost lane.

Normal is not the speed limit, which is what I said. If the traffic flow is above the speed limit, than the flow of traffic is the norm for that lane and you do must that speed or must move right, if you are not maintaining the norm in that lane.

This also could be used as a defence to a speeding ticket. If the flow of all traffic is above the speed limit, and a cop can't stop ever car going over the limit, and the cop pulls you over out of the crowd, you were not breaking the law, as you were following the normal flow of traffic in your lane as required by s. 147.

Will you win this argument? Probably not; but you can't win the argument if you don't make it in the first place.

This provision is unenforcable.

It states a city by-law can prohibit commericail vehicles from using the leftmost lane. It states the city must post signs overhead.

The only sign a driver must follow is an official sign created by HTA regulations, and their is no official sign the city can post.

Any sign posted is not enforcable.

Prohibiting commercial vehicles in left lane

186. (1) The council of a municipality may by by-law prohibit the operation of,

(a) a commercial motor vehicle other than a bus; or

(b) any combination of a commercial motor vehicle and a towed vehicle,

that exceeds 6.5 metres in length, in the left lane of any highway under its jurisdiction that has three or more lanes for traffic in each direction and on which the speed limit is 80 kilometres per hour or more. R.S.O. 1990, c. H.8, s. 186 (1); 2005, c. 26, Sched. A, s. 30.

When prohibition does not apply

(2) A by-law passed under subsection (1) does not apply to the use of the left lane of a highway by a commercial motor vehicle,

(a) that is being used for the maintenance or construction of the highway; or

(b) in an emergency. R.S.O. 1990, c. H.8, s. 186 (2).

Signs

(3) Where the council of a municipality passes a by-law under subsection (1), the municipality shall erect signs over the left lane of the highway governed by the by-law so located that they can be seen by the drivers of commercial motor vehicles entering the highway from connecting or intersecting highways. R.S.O. 1990, c. H.8, s. 186 (3).

Under HTA s. 1 a sign is defined and must be approved by the Ministry.

"official sign" means a sign approved by the Ministry;

HTA sign are created by regulation 615.

Only the Lieutenant Governor in Council may make regulations requiring signs.

Regulations, signs and markings

182. (1) or providing for the erection of signs and the placing of markings on any highway or any type or class thereof, and prescribing the types of the signs and markings and the location on the highway of each type of sign and marking and prohibiting the use or erection of any sign or type of sign that is not prescribed.

There is no official sign prohibiting commerical vehicles from using the left most lane approved by regulation.

Thus even if the city passed a by-law under HTA s. 186 the by-law is repealed under s. 195.

Effect of by-laws

Inconsistent by-laws deemed repealed

195. (1) If a provision of a municipal by-law passed by the council of a municipality or a police services board for,

(a) regulating traffic on the highways;

...

(c) prohibiting or regulating the operation of motor vehicles or any type or class thereof on the highways,
is inconsistent with this Act or the regulations, the provision of the by-law shall be deemed to be repealed upon the inconsistency arising

Don't forget 148 (2).

You may drive in any lane you wish to use until you are overtaken by another vehicle. At that point you must move to the right at the first safe opportunity. Keep it simple by staying in the right hand lane unless you have to pass.

And before anyone tries to argue the meaning of "overtake," here it is from Merriam-Webster:

n Entry: over·take

Pronunciation: \ˌō-vər-ˈtāk\

Function: transitive verb

Inflected Form(s): over·took \-ˈtu̇k\; over·tak·en \-ˈtā-kÉ™n\; over·tak·ing

Etymology: Middle English, from 1over + taken to take

Date: 13th century

1 a : to catch up with b : to catch up with and pass by

2 : to come upon suddenly

This applies to every public road in Ontario. Whether a normal four- or five-lane city street like Sheppard Ave. or a 14-lane highway like the 401, move right when overtaken.

From the MTO's website: http://www.mto.gov.on.ca/english/safety ... road.shtml

Also worth noting on the same page...

Too bad some radar-happy cops can't appreciated the MTO's own recommendation on passing big-rigs and ignore the increase in speed necessary to safely pass these behemoths on the road.

If there are 5 lanes, two in each direction and one centre turning lane, you show drive in the lane between the centre lane and the rightmost lane.

I'm not sure if the HTA calls for this, but it is the professional way to drive.

Why?

Because if you're in the rightmost lane and a car from a side road is trying to turn left onto the roadway you are travelling, you're supposed to merge to the leftmost lane and het him in, then merge back into the right lane. However, this is alot of merging lane to lane, back and forth, when there is a lot of sideroads from the roadway you are travelling.

If you just stay in the leftmost lane (the lane between the right most and centre lane) then you do not block traffic behind you (that is going in the same direction as you) from using the centre turning lane, you do not block or delay side road traffic from turning left onto the roadway you're travelling on once they reach the intersection, and it saves a lot of merging back and forth.

The less lane changes you make the safer the roadway is.

Would you guys agree or disagree with this?

My take on it: Disagree, at least if I understand your scenario correctly. Ian Law, who is a well-respected professional driving instructor, says you should keep to the right, as you've got an open escape route (shoulder) and are exposed to fewer errors from drivers on either the left or right. He writes for the Toronto Star as an automotive journalist and was armed with some very convincing stats. Your highest risk of collision is from a vehicle coming from your left at a 90-degree angle. If you're in the right lane, you have more time to react. The second highest risk is from a driver in the oncoming lanes who is turning left. Again, keeping right gives you more reaction time and provides a better viewing angle of the "high-threat originating areas."

If you drive in Scarborough, someone coming from the right is going to turn directly into the left lane anyway, and most drivers are bunched up in the left lane so you get better forward visibility. In Scarborough you can also rocket past cars... while you're driving the posted speed limit. Same can be said for Ottawa.

But yes... keep right except to pass.

Disagree. First I've heard of changing lanes to allow a left-turning vehicle in. You have the right of way, just stick with it. Doing people "favours" tends to just lead to confusion and misinterpretation. I don't even move to allow merging cars onto the highway, save for heavy trucks and cars with trailers - it is their job to accelerate to the speed of traffic and move in safely, and if they get coddled by "nice" drivers then they will eventually find someone absentminded who will plow into them at a 50 km/h speed difference. A woman was killed on the 400 last year under just such a circumstance. If traffic is stopped, then that is different. I will try my best to see turning vehicles or heavily trafficked driveways and leave a gap for them. However, I flash once and never wave, in case they take it to mean "all lanes clear" and get hit by a car travelling in an adjacent lane.

Some drivers will take the second-from-right lane to avoid potholes and sewer grates, but that's bad driving etiquette in my opinion.

Legally, you have no requirement to stick to any lane (unless marked as a special-purpose lane) if you are the only car on the road. If a car is overtaking you, then you move to the right. If you fail to do so, then they are also legally allowed to pass you on the right (154 (2) if I remember correctly).

It appears you both understood me, but I have a MAJOR typo in my previous message. I said ... you do not block or delay side road traffic from turning left onto the roadway you're travelling on once they reach the intersection... and I meant to say turning right. Not left.

Driving in the seond most right lane doesn't help the sideroad driver make his left turn any quicker. But driving in the second most right lane does allow the sideroad driver to make his right hand turn immediatedly and without delay, as you're in the second most right lane and the right most lane is free from traffic for him to make his turn.

But you caught my drift on the issue.

With a car, its easy to merge back and forth to let sideroad drivers make their right hand turn, but in a tractor trailor, merging back and forth is impossible.

I don't see any law requiring drivers to merge to aid the sideroad driver from making his right turn without delay, but to me it's good driving etiquette. This is the way I drive on a 5 lane roadway, anyway. When and If I'm being overtaken, I move to the rightmost lane.

I kind of figured it was a right turning vehicle.

I have been thinking about your scenario. I'll take a four-lane road as an example - in the case of you driving in the left lane and being able to legally stay there, traffic would be very light to begin with - the right turning driver just has to wait a few more seconds for you to pass. In a case where a right turning driver has to wait for many cars, that's really a case where you should be driving in the right lane to allow faster vehicles to pass you (unless you are Bookm). Also, many four-lane roads in a city are so narrow that a car cannot turn right without jumping a curb or entering both lanes anyways.

What I do do is signal earlier and slow down more dramatically if I will be turning before the driver waiting to enter my roadway. I absolutely hate drivers who clearly see you trying to exit a driveway yet turn into that same driveway without signalling. I still believe that keeping right except to pass in all cases has more benefits to overall traffic flow than keeping left to accommodate right-turning vehicles, and having to change lanes every time a car comes up behind you (and in many cases that overtaking car will also change lanes to the right, then become annoyed when you appear as if to block him by switching lanes as well).

I'm going to have to agree with Squishy.

Squishy wrote:I still believe that keeping right except to pass in all cases has more benefits to overall traffic flow than keeping left to accommodate right-turning vehicles, and having to change lanes every time a car comes up behind you

Granted, it is courteous in many situations to move left to allow vehicles to merge, whether the law requires it or not. That is, unless by doing so, you cut off a vehicle that was overtaking you. I just keep to the right. If I move into the left lane, half the time the driver is going to wait until I'm 30 feet away and then pull directly into the left lane, so I just stay where I am. I also keep to the right on the 400-Series in many cases (unless I'm passing the odd vehicle that did sit in the right lane - maybe it's Squishy), particularly those 6-lane stretches in rural areas of the 401 and 400. On the 401 between Windsor and Tilbury, drivers merge onto the road, and even if there are 50 cars in the middle lane, they will move into the middle lane immediately and drive six feet off someone's bumper when the right lane is clear for 40 kilometres. The only other lane 99% of them will use is the left lane, so I have excellent visibility, no need to change lanes constantly, and I save gas by maintaining a steady pace instead of gas/brake/gas/brake/gas. It also helps me spot the OPP from further away.

Greatest Canadian wrote:Section 154(b) deals with a three lane roadway. One lane in each direction and a turning lane in the centre. The centre cannot be used for travelling on, however it can be used to make a turn or even to pass another vehicle.

Where highway divided into lanes

154. (1) Where a highway has been divided into clearly marked lanes for traffic,

...

(b) in the case of a highway that is divided into three lanes, a vehicle shall not be driven in the centre lane except when overtaking and passing another vehicle where the roadway is clearly visible and the centre lane is clear of traffic within a reasonable safe distance, or in preparation for a left turn, or where the centre lane is at the time designated for the use of traffic moving in the direction in which the vehicle is proceeding and official signs are erected to indicate the designation;

We have many three lane roadway where I live and I find this interesting.

If the sign below is used; it's a turning lane only. The lane cannot be used as a passing lane as articulated above in HTA s. 154.

This is a ground mounted sign found at the right side of the roadway facing oncoming traffic. There is a bilingual version of the sign as well. The bilingual version is a separate sign all together, not a French and English sign all in one.

The French version can be mounted directly below or up to 100 metres beyond the English version sign. So they can ercting a French version sign, then up the road an Englsih version, then up the road a French version, and so on.

If the following sign is used on a three lane roadway, HTA regulation 615 requires the sign to be mounted over the lane.

There is no ground mounted provision provided for the sign above.

If the sign is ground mounted at the right side of the roadway facing oncoming traffic, you can use the middle lane as a passing lane, because HTA s. 154 provides for the middle to be used for passing and a ground mounted sign is not in compliance with regulation 615, therefore, the middle lane is not restricted to the left turn only sign.

If the sign is mounted above of the lane, you cannot use the lane as a passing lane.

Only official signs found in locations as approved by regulation are valid signs that must be obeyed by drivers. The Lieutenant Governor in Council makes the location and placement of signs under HTA s. 182.

Regulations, signs and markings

182. (1) The Lieutenant Governor in Council may make regulations requiring or providing for the erection of signs and the placing of markings on any highway or any type or class thereof, and prescribing the types of the signs and markings and the location on the highway of each type of sign and marking and prohibiting the use or erection of any sign or type of sign that is not prescribed. R.S.O. 1990, c. H.8, s. 182 (1); 2002, c. 18, Sched. P, s. 32.

Signs to be obeyed

(2) Every driver or operator of a vehicle or street car shall obey the instructions or directions indicated on any sign so erected.

sign regulation 615

Regulation 615 states the following with respect to Lane Designation Signs.

Lane Designation Sign

34. (1) A Lane Designation sign shall be used to indicate by means of a single arrow or a combination of arrows the only permitted movement or movements by vehicles on one or more lanes of a highway marked with the sign.

...

(3) A Lane Designation sign in Figure 7 signifies that the lane marked with the sign shall be used by a vehicle for the purpose only of making a left turn.

4) A Lane Designation sign,

(a) may, in the case of Figures 1 to 6 and Figure 8, be erected over the lane or be ground mounted;

(b) shall, in the case of Figure 7, be erected directly over a two-way left turn lane;

So, since the word shall is used in s. 4(b), and since it requires a two way turn lane sign to be over the lane, would you agree that if the sign is only ground mounted on the right side of the roadway facing oncoming traffic, that the lane cannot be restricted to left turns only, since it's not properly erected in complinace with regualtion 615?