CASE LAW - R v Kafka

BC Courts Coat of ArmsRobert Pitman-Jelly was driving a tractor trailer southbound in the 9800 block of West Saanich Road in Victoria. His intent was to turn left into the driveway for the Marine Technology Center. To prepare for the turn, Mr. Pitman-Jelly moved to the right side of the road in order to make a wide left turn due to the length of his vehicle combination. He was aware of traffic around him and judged that he had sufficient time to make the turn safely. He signalled and started to make his turn only to have a passing vehicle collide with the left front corner of his tractor.

Jesse Kafka was the driver of the vehicle that struck Mr. Pitman-Jelly's vehicle. He explained that he saw Mr. Pitman-Jelly's vehicle stopped on the right side of the lane with no signal showing. He waited 30 seconds and then started to slowly pass. Mr. Pitman-Jelly started to turn left and struck his vehicle.

The Judicial Justice found that Mr. Kafka had crossed the double solid line while passing and convicted him of the offence.