Improper passing ticket

[Digo]

A friend of mine got a ticket for improper passing resulting in an accident.

The cop wrote up a CRC report, and gave a $200 ticket. And said that he can plead guilty, or not guility with an explanation.

I don't have any experience with this, but what does this mean? Does he have to go to court to pay the ticket? And will this incur demerit points?

Any help is appreciated.

[Whitedart]

A friend of mine got a ticket for improper passing resulting in an accident.

The cop wrote up a CRC report, and gave a $200 ticket. And said that he can plead guilty, or not guility with an explanation.

I don't have any experience with this, but what does this mean? Does he have to go to court to pay the ticket? And will this incur demerit points?

Any help is appreciated.

It would be helpful if you included more details, such as a province, the exact wording on the ticket, and the section number of the offence.

[Digo]

I'll do my best as I can't contact my friend right now. But it was in Ontario, and it was something like 'overpassing but the way wasn't clear according to the Highway Traffic Act'.

Note that this was on a 1 lane local street, and my friend was behind the other guy. The other guy did not signal, and slid over to the right, so he can make a wide left turn. It is my friend's fault I think, but the guy never signaled his intentions either, so it seemed like he was pulling over to the right. My friend's record is pretty clean too.

[Digo]

Alright it is Section 148(8)(D)

[Whitedart]

I'll do my best as I can't contact my friend right now. But it was in Ontario, and it was something like 'overpassing but the way wasn't clear according to the Highway Traffic Act'.

Note that this was on a 1 lane local street, and my friend was behind the other guy. The other guy did not signal, and slid over to the right, so he can make a wide left turn. It is my friend's fault I think, but the guy never signaled his intentions either, so it seemed like he was pulling over to the right. My friend's record is pretty clean too.

It would be a moving violation, so I expect it would be 2 or 3 demerit points, as it looks like subsection 8(b). Did the other driver also receive a ticket?

If there is a set fine, he can pay it, or plead not guilty and go to court.


From Ontario's Highway Traffic Act, sec 148:
Passing vehicle going in same direction

(8) No person in charge of a vehicle shall pass or attempt to pass another vehicle going in the same direction on a highway unless the roadway,

(a) in front of and to the left of the vehicle to be passed is safely free from approaching traffic; and

(b) to the left of the vehicle passing or attempting to pass is safely free from overtaking traffic. R.S.O. 1990, c. H.8, s. 148 (8).

[Digo]

The ticket says subsection d though, not b.

There was no mention of demerit points either, just a $200 fine. Are you sure it could be b?

The other driver got off scott-free which is weird because what he did seemed wrong.

[Whitedart]

There was no mention of demerit points either, just a $200 fine.

Demerit points are never included on a ticket, as they are attached to an offence.

The other driver got off scott-free which is weird because what he did seemed wrong.

Not scot free, as I believe fault determination rules for insurance would put them at fault. But normally the driver more at fault gets the ticket.

[Digo]

Alright thanks for your help.

[Capt.]

It will likely be 25% fault for the other driver and 75% for your friend as they were in the act of overtaking. Could possibly be 50/50 fault. Depends on if it was at an intersection.

Any percentage over 0 is recorded as an "at fault" accident on your insurance record.