Definition of obstructed lane needed.
I received a traffic violation today under Section 158(1) of the Motor Vehicle Act.
"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."
I was driving my motorcycle in the middle lane and then moved over to the curb lane and passed 3 cars in the middle lane that were stopped at the light. There were cars parked in the curb lane, but there was enough room to safely pass these parked vehicles in the curb lane.
I would like to dispute the violation under the exception 158(1)(b). However, I will need to argue that the lane was unobstructed. Is there any case law that would help define when a lane is considered "unobstructed".
Not that affects the violation, but the cars in middle lane were stopped at a red light and I passed in the curb lane at about 5km/h so I think the violation is rediculous.