Q&A - Can I Pass on the Right Here?

Q&A ImageQUESTION: It seems to be a regular occurrence on our single highway Gibsons / Sechelt community to use the bus stops on the right side of the highway as passing lanes for those cars queued up behind a car turning left. I have thought it illegal to do this, so I wait behind the left tuning vehicle until they clear the highway. I have been passed on the right often by several cars behind me, using the bus stop.

I am now not so certain that I am in the right concerning this issue. Can you please clarify?

ANSWER: Let's start with some definitions:

"roadway" means the portion of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and if a highway includes 2 or more separate roadways, the term "roadway" refers to any one roadway separately and not to all of them collectively;

"laned roadway" means a roadway or the part of a roadway that is divided into 2 or more marked lanes for the movement of vehicular traffic in the same direction;

The edge or border running on either side of a roadway.

The first two definitions have been taken from the Motor Vehicle Act (MVA), as has the following:

Passing on right

158 (1) The driver of a vehicle must not cause or permit the vehicle to overtake and pass on the right of another vehicle, except

(a) when the vehicle overtaken is making a left turn or its driver has signalled his or her intention to make a left turn,

(b) when on a laned roadway there is one or more than one unobstructed lane on the side of the roadway on which the driver is permitted to drive, or

(c) on a one way street or a highway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and is of sufficient width for 2 or more lanes of moving vehicles.

(2) Despite subsection (1), a driver of a vehicle must not cause the vehicle to overtake and pass another vehicle on the right

(a) when the movement cannot be made safely, or

(b) by driving the vehicle off the roadway.

Shoulder is not defined in the MVA so the third definition comes from the Free Dictionary. This is acceptable in court where the statute does not provide a definition.

The line on the right of the highway marks the division between the roadway and the shoulder.  That line is broken entering and exiting the bus stop and it is paved.

This section of pavement on the right is ordinarily used by transit buses, and these are vehicles. From your description, it is also ordinarily used by drivers of other vehicles when passing a vehicle stopped to turn left at the intersection. By definition, this would make it a laned roadway.

Since there is a white line present, this would also be laned roadway.

Moving on to passing on the right, an action that is allowed only in the circumstances permitted by section 158. This would be one of them. There is a lane there to use and if done safely, it is allowed.

The potential danger here is when drivers stop and wait for the left turning vehicle as you do.

Chances are good that the drivers passing on the right will be at highway speed which has significant potential for trouble.

Starting vehicle

169 A person must not move a vehicle that is stopped, standing or parked unless the movement can be made with reasonable safety and he or she first gives the appropriate signal under section 171 or 172.

I suspect that many drivers do not give this requirement any consideration and simply drive on when the left turning vehicle clears. If they are being passed on the right here, it might be unsafe, requiring that driver to wait and be passed.

We are now starting to see red paint to designate a restricted lane, I believe for transit vehicles. So perhaps in the future design standards will dictate that what is currently a legitimate passing lane will be marked with a diamond or coloured and/or a bike lane in which case cars following will que up until the lead car executes a safe turn.

In many locations the paved roadway is marked with just a centre line, but the distance between the marked centre line and curb is wide enough for a vehicle to pass on the right.  The roadway is paved all the way to a concrete curb.

The confusion come is when the first vehicle is stopped at the intersection waiting to turn left.  A second vehicle, like the initial contributor to this question, stops behind the turning vehicle wainting to continue traveling straight ahead (their option).  A third vehicle approaches the two stopped vehicles and passes both.  That is an illegal pass on right since the vehicle passing is only allowed to pass the left turning vehicle, not the vehicle behind the left turning vehicle waiting.

The confusion come is when the first vehicle is stopped at the intersection waiting to turn left.  A second vehicle, like the initial contributor to this question, stops behind the turning vehicle wainting to continue traveling straight ahead (their option).

I always enjoy your legal interpretations. And no argument, the driver passing on the right in these situations cannot do this unless at least one of the vehicles ahead of him is signalling left.

But does the law actually allow for the person passing to overtake (or undertake if you like) more than one left-turner to be passed?

Also, and perhaps more importantly, is it permissible to make that maneuver, even if to do so requires the driver to use the bike lane (presuming it's empty of cyclists, obviously). I'm not seeing anything in this section that covers this - and I haven't ever seen a gravel bike lane being defined where there's a gravel shoulder, eh?

Passing on right

158 (1) The driver of a vehicle must not cause or permit the vehicle to overtake and pass on the right of another vehicle, except

(a) when the vehicle overtaken is making a left turn or its driver has signalled his or her intention to make a left turn,

(b) when on a laned roadway there is one or more than one unobstructed lane on the side of the roadway on which the driver is permitted to drive, or

(c) on a one way street or a highway on which traffic is restricted to one direction of movement, where the roadway is free from obstructions and is of sufficient width for 2 or more lanes of moving vehicles.

(2) Despite subsection (1), a driver of a vehicle must not cause the vehicle to overtake and pass another vehicle on the right

(a) when the movement cannot be made safely, or

(b) by driving the vehicle off the roadway.

As to the 'optional' part of this, you are of course correct. Analogous to drivers who don't turn right, or left, on a red light when it's permitted and clearly safe from the viewpoint and knowledge of other motorists, but perhaps not to the stationary driver waiting pointlessly for the situation ahead to simplify.

And no argument, the driver passing on the right in these situations cannot do this unless at least one of the vehicles ahead of him is signalling left.

But does the law actually allow for the person passing to overtake (or undertake if you like) more than one left-turner to be passed?

The law is clear on the requirements "a driver must not overtake and pass, on the right, another vehicle, unless the overtaken vehicle is making a left turn or has signaled their intention to turn left"

So "at least one" does not apply.  If any of the vehicles ahead are not signalling a left turn a driver can't pass.  Passing each vehicle on the right should be subject to consideration if the pass is legal.  If one is approaching a line of cars stopped at an intersection, for which the rear most vehicle is signalling a left turn it is incumbent on the approaching driver to be asured that all the vehicles in the line are signalling a left turn before they are passed. 

If there are three, all signalling a left turn, that complies with the MVA for the exception mentioned in 158(1) (a).  If any in the line are not, then that non-left turn signalling vehicle can not be passed.

A very frequently missunderstood law, both for driver passing on the right and drivers in various circumstances thinking it is not legal to pass.