CASE LAW - R v Cram
David Cram was driving eastbound on Water Street in Kelowna, B.C. At the intersection with Clement Avenue, the vehicle in front of him stopped, signalling for a left turn. Mr. Cram slowed and after passing the sidewalk curb bulge passed by the stopped vehicle on the right hand side. The roadway at this point is marked for one lane of travel but is wide enough for two vehicles to use. Cst. Paetz was following Mr. Cram in a marked police vehicle and stopped him, issuing a traffic ticket for illegally passing on the right. A judicial justice convicted Mr. Cram of the offence after a trial.
The conviction was appealed and Mr. Justice Saunders overturned the conviction. He found that the judicial justice erred in deciding that the area of roadway Mr. Cram used to pass was "not improved, designed or ordinarily used for vehicular traffic." The discussion of where a driver may legally pass another vehicle on the right is useful.