Pass off Roadway

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Pass off RoadwayPass off Roadway – Highway Traffic Act 150,2

While driving on a roadway, drivers shall not drive off the roadway or on to the shoulder of the roadway to pass another vehicle.

There is no requirement for signs to be posted to prohibit the driving action.


Exemptions

A driver shall be allowed to drive off the roadway to pass when:

  • police vehicles
  • ambulance of fire department vehicles
  • tow trucks while responding to a police request
  • where the shoulder is paved and the vehicle being over taken is about to make a left turn
  • a road service vehicle, or where the operator of a road service vehicle
    • has directed the driver to do so for road maintenance

Insurance Implications

A conviction on the driving record for Pass off Roadway can affect insurance rates for drivers.

Once the driver is convicted of Pass off Roadway, the court sends a notice to the Ministry of Transportation.

Upon receiving the record of conviction from the court the Ministry of Transportation then adds the conviction to the record.


Driving Records

Driving abstracts are available to anyone who has the drivers licence number for a fee payable to the Ministry of Transportation.

Therefore the way the insurance company will finds out about the ticket is;

  • The insurance company contacts
    • the Ministry of Transportation and
    • checks the drivers abstract, or
  • the driver calls and
    • tells the insurance company that they received a ticket

Each insurance company is a private company with their own set of rules and standards.

Some insurance companies will not increase insurance rates for one ticket and others will. The problem is drivers don’t know what the insurance company is going to do, and if asked, there is a chance they will increase it due to the inquiry.

Drivers need to keep their driving records clear.


Fines

The out of court fine for Pass off Roadway is $110.00.


Summons to Appear in Court

Where a police officer issues a summons to appear or the driver disputes the ticket, the Justice of the Peace (JP) can increase the fine up to $500.00.


What is the Victim Fine Surcharge?

  • The provincial government adds a victim fine surcharge (VFS) to every non-parking fine imposed under the Provincial Offences Act.
    • It is deposited into a special fund to help victims of crime.
  • The amount of the VFS is usually 20 per cent of the imposed fine.
    • For example, a $100 fine would result in a $20 surcharge.
    • Fines over $1,000 carry a surcharge of 25 per cent, $250.00

Demerit Points

A conviction for Pass off Roadway has 3 demerit points.


Demerit Point Interviews

If you have to attend an interview, you will get a letter (Notice of Interview) to notify you of the time, date and location of the meeting. If you do not attend your licence could be suspended.

The fee for a demerit point interview is $50 and must be paid in person at any Service Ontario Centre.

You can pay the fee when you receive the Notice of Interview or within 10 business days of attending the interview.

Failure to pay the interview fee will result in the cancellation of your driver’s licence.


Penalties

The fine for passing off the roadway is $110.00.

Suspensions

Where a driver is convicted of Pass off Roadway the charge does not have a licence suspension.


Novice Drivers

There is no suspension for Novice drivers.

Class G1 and Class G2 drivers are only suspended for 30 days for violating the demerit point restrictions and rules/conditions for novice drivers.


Unpaid Fines

Any driver maybe suspended where any fine goes into default.  Where the licence is suspended for an unpaid fine, the licence will be suspended until the payment is made to the court.


Demerit Point Suspensions

The accumulation of demerit points can result in a licence suspension.


Legal Definition

Passing to right of vehicle

150 (1) The driver of a motor vehicle may overtake and pass to the right of another vehicle only where the movement can be made in safety and,

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

(b) is made on a highway with unobstructed pavement of sufficient width for two or more lines of vehicles in each direction; or

(c) is made on a highway designated for the use of one-way traffic only.

Driving off roadway prohibited

(2) No driver of a motor vehicle shall overtake and pass another vehicle by driving off the roadway.

Exemptions

(3) Subsection (2) does not apply to,

(a) a motor vehicle overtaking and passing to the right of another vehicle where the shoulder to the right of the roadway is paved and the vehicle overtaken is making or about to make a left turn or its driver has signalled his or her intention to make a left turn;

(b) an ambulance or fire department vehicle;

(c) a police department vehicle or a vehicle being driven by an officer appointed for carrying out the provisions of this Act;

(d) a tow truck where the driver is responding to a police request for assistance;

(e) a road service vehicle; or

(f) a motor vehicle overtaking and passing to the right of a road service vehicle or road-building machine where a person apparently employed by or on behalf of the authority that is engaged in the highway maintenance operation has directed the driver to pass it and the movement can be made in safety.

Case Law

Here is no applicable case law for this charge as of the date of writing.

Please review the CanLi site for any updates.