Robert Tomkowicz was driving southbound on Highway 99 near Blundell Road in Richmond. He encountered a traffic backup and changed lanes to the right, crossing a white single solid line into the HOV lane. His intention was to use the exit onto the Steveston Highway.
Cst. Lee was patrolling nearby and observed Mr. Tomkowicz actions. He stopped Mr. Tomkowicz prior to the exit and issued a traffic ticket for crossing the single solid line and using an HOV lane when he was not entitled to.
Location of Incident
Mr. Tomkowicz disputed the ticket and was convicted on both counts by Judicial Justice Dodwell.
Grounds for Appeal
He appealed the conviction for two reasons, saying that Justice Dodwell had failed to properly interpret and apply section 156 MVA and division 42.02(2) MVAR.
Crossing White Single Solid Line
The Motor Vehicle Act prevents a driver from changing lanes when there is a white single solid line marked between them:
151 A driver who is driving a vehicle on a laned roadway
(b) must not drive it from one lane to another if that action necessitates crossing a solid line,
Section 156 provides an exemption from this rule if crossing the line is safe to do and the driver is leaving the highway.
Justice Bowden heard the appeal. The traffic court transcript showed that Mr. Tomkowicz had entered the HOV lane several hundred metres before the beginning of the white single broken line for the Steveston Highway. He did not accept that Mr. Tomkowicz had done this for safety reasons.
Using the HOV Lane
He also agreed with Justice Dodwell's conclusion that because there was a designated exit lane it was not necessary for Mr. Tomkowicz to use the HOV lane before entering the marked lane.
Appeal Dismissed
Justice Bowden dismissed the appeal because Justice Dodwell correctly decided that Mr. Tomkowicz had improperly crossed a solid line and occupied an HOV lane as a single occupant driver.
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