Passing

Information regarding passing other vehicles

CASE LAW - Link v ICBC

BC Courts Coat of ArmsPeter Link was driving to White Rock from Richmond on an evening with 2 to 3 inches of new snow. On highway 99 between the highway 10 and highway 91 exits he was passed by an unidentified SUV. The SUV moved into Link's lane after passing at such a short distance that his windshield was completely covered by snow thrown up by the SUV's wheels making it impossible to see.

CASE LAW - R v Kaiser

BC Courts Coat of ArmsRichard Kaiser was ticketed for failing to slow while passing a police car while that car’s emergency lights were activated. He disputed that ticket on two grounds, the regulation offended the Charter by being too vague and that the officer was merely making notes concerning a previous violator at the time and so had entrapped Mr. Kaiser. Judge Takahashi convicted Mr. Kaiser.

CASE LAW - Ormiston v ICBC

BC Courts Coat of ArmsDixon Ormiston fell from his bicycle and sustained serious injury after being forced against a concrete abutment by a vehicle that veered into his path while he was passing it on the right side. Of interest in deciding the liability in this case is the examination of passing on the right, both by a vehicle driver and a cyclist.

Passing on the Right Revisited

No Pass On RightI hope that an article about passing on the right might help at least some drivers understand the rules and help improve the driving community. I have made a point of keeping to the right side of the lane to try and prevent vehicles from passing. One day a driver fingered and yelled at me, yet the driver was attempting to do something illegal (even though many drivers perform this illegal act).

Passing a Cyclist Safely

CyclistCyclists are entitled to their share of the highway, just as motor vehicle drivers are. When they are overtaken by a motor vehicle, it is the driver's responsibility to pass the cyclist safely. It is not the cyclists responsibility to get out of the way of the driver if the cyclist is legally occupying the lane.

CASE LAW - Langley v Heppner

BC Courts Coat of ArmsThis case decides the liability for a collision where a motorcycle overtaking two vehicles is struck when the second vehicle pulled out to pass the first. All three had been following together at a speed under the limit. At the first available opportunity the motorcycle passed, not seeing a signal from the vehicle in front.