Lane splitting/passing

[nanobots]

Im sure this has been asked several times, but I need to know if the flow of traffic is STOPPED, not moving at all (under 5kmh), is it legal to pass them ?

I understand that this can be dangerous, but ive conclude that it is safe providing the cars are all stopped, and you move in going slow enough to stop if they decide to block your path.

EDIT: I want to add, traffic completely stopped, not moving at all, red light stopped.

[turbodish]

Im sure this has been asked several times, but I need to know if the flow of traffic is STOPPED, not moving at all (under 5kmh), is it legal to pass them ?

I understand that this can be dangerous, but ive conclude that it is safe providing the cars are all stopped, and you move in going slow enough to stop if they decide to block your path.

Not legal. It got a rider an HTA172 conviction in Kitchener not too long ago.

[GayManLoveIsOK]

nom...nom...nom...someone pass the butter...

[Rob MacLennan]

Not legal. It got a rider an HTA172 conviction in Kitchener not too long ago.

Actually, as I remember the judgment, it was the rider's inability to determine that other traffic had stopped, which he admitted to during cross, that resulted in his conviction.

But filtering is also illegal.

[matt123]

So if your making a right turn at a red you can't ride to the right and make the turn?Yes you do have to spell it out for me on occasion.Sorry

[Rob MacLennan]

So if your making a right turn at a red you can't ride to the right and make the turn?Yes you do have to spell it out for me on occasion.Sorry

That's spelled out in the HTA. Splitting and filtering get into a whole different can o' worms.

http://www.canlii.org/en/on/oncj/doc/2009/2009oncj620/2009oncj620.html

[chiller]

That's spelled out in the HTA. Splitting and filtering get into a whole different can o' worms.

http://www.canlii.org/en/on/oncj/doc/2009/2009oncj620/2009oncj620.html

very interesting reading, i just read the whole thing

so what I gather is that if you can safely pass the cars on the right to make a right turn or go straight thru ... if :

A. you can safely move pass them without them opening there doors on you (you can't collide with something without due safety)
B. you can do this if you can visually verify all cars are turning left

[Splash]

That's spelled out in the HTA. Splitting and filtering get into a whole different can o' worms.

http://www.canlii.org/en/on/oncj/doc/2009/2009oncj620/2009oncj620.html

Wow

"With a distance of only 2 feet from the lead motorcycle he would have had no time to take appropriate evasive action had the lead motorcyclist swerved to his right. A collision would have been likely."

So how do the cops defend riding in "COP" formation then?

[turbodish]

Actually, as I remember the judgment, it was the rider's inability to determine that other traffic had stopped, which he admitted to during cross, that resulted in his conviction.

But filtering is also illegal.

The court's ruling actually noted that the rider could not see if the stopped cars he was passing to the right were actually stopped while waiting to make a left turn, or were just stopped because of the traffic light ahead of them. That inability took away any potential defence that he was passing to the right of left-turning traffic as permitted by HTA 150.(1)(a) http://www.e-laws.gov.on.ca/html/sta...8_e.htm#s150s1

Absent that defence, the court determined that the following took place, each point of which applies to passing on the right whether you do it between lanes of same-direction traffic or between the curb and traffic in the right lane. That would cover both filtering and lane-splitting.

[42] Mr Bunda also changed his story on the left turn signals of the cars stopped at the traffic lights. Initially, he testified that all the cars (although he was unsure as to how many there actually were – 2 or 3) had their left turn signals on when stopped. However, under cross examination by Mr Cotter he finally switched his story and admitted he couldn’t see the turn signals of any other than the stopped car immediately in front of him.
[43] Mr Bunda testified that when passing the cars on the right, he maintained a speed of 5 to 15 kph and did not have to manoeuvre to get around the car’s mirrors.
...........
[47] Therefore, I accept Officer’s Morrow testimony that Mr Bunda’s front wheel was within 2 feet of the lead motorcycle, as he travelled down Lancaster Street. I further accept the officer’s testimony that Mr Bunda was in such close proximity to the cars he passed on the right that he had to weave to maneuvre around their mirrors.
..........
[50] In my view, the actions of Mr Bunda were not consistent with a mere error in judgment. His pattern both of driving in close proximity to the lead motorcycle on Lancaster Street coupled with his passing the cars on the right was consistent with a lack of due care and attention and without reasonable consideration for other persons using the highway. He departed from the standard of care which a reasonable and prudent driver would follow.
[51] I now consider whether he endangered any person by ‘driving a motor vehicle in a manner that indicates an intention to drive, without justification, as close as possible to another vehicle’. In my view, he did endanger himself, the other motorcyclists and persons in the cars stopped at the traffic light by being in such close proximity to other vehicles. With a distance of only 2 feet from the lead motorcycle he would have had no time to take appropriate evasive action had the lead motorcyclist swerved to his right. A collision would have been likely. Similarly, had any person be it a child or an adult opened his or her car door when Mr Bunda passed to the right, that person or Mr Bunda may have been injured. As I found above, there was no room for Mr Bunda’s motorcycle to be to the right of the cars and as such there would be no expectation on the part of a person opening a car door that a motorcycle would suddenly appear beside them.
.........
[54] Mr Bunda committed an offence under s. 172(1) of the Highway Traffic Act, as specifically set out in s. 3.8.iii of O.Reg. 455/07.
[55] A conviction will be registered.

[Frio]

If there is one ridiculous law over here this has to be it.
Given that the amount of motorcycles on the Ontario roads is pretty small, I really don't understand why filtering is illegal, not lane splitting, filtering.
Motorcycles are obviously smaller than cars (well the ones that aren't Electra Glides, that is) so would filtering not allow an overall shorter lines at traffic lights that are EVERY 100 METERS??
In most (probably all) European Countries filtering is a norm, there must be a reason why here that is not the case?

[Rob MacLennan]

The fact that there are so few motorcycles, in Ontario, is actually a point in favour of having both filtering and splitting be illegal. Drivers don't have enough exposure, to know how to react to them.

[C-Note]

I was not in that class...

[OpenGambit]

Im sure this has been asked several times, but I need to know if the flow of traffic is STOPPED, not moving at all (under 5kmh), is it legal to pass them ?

I understand that this can be dangerous, but ive conclude that it is safe providing the cars are all stopped, and you move in going slow enough to stop if they decide to block your path.

EDIT: I want to add, traffic completely stopped, not moving at all, red light stopped.

Not legal.

You can conclude its safe, but if you are asking if its legal. the answer is NO.

N
O

NO