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Thread: driving across a sidewalk

  1. #1
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    driving across a sidewalk

    is it illegal to drive across a sidewalk if there is no approach/ramp? eg i'm in a parking lot that is busy and it's easier to drive straight out of a parking spot by driving across a sidewalk onto a public road. i used to do it all the time when i was younger but now that i'm much older i have become more cautious.

    thanks
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    Related -- cutting through a parking lot...come to a red light at an intersection where i will be turning right, but there is a few cars in front of me that are not turning, can I legally turn into a parking lot, drive through it, then turn on to the other street, essentially bypassing the red light.
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    Throw curbs in there for good measure as well please. Right next to the sidewalk.

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    I have done a quick check of my usual places to find this obscure stuff, but I can't find any legislation directly related to either of the above questions. It leads me to believe that this may be something that could potentially be contained within a by-law (if at all).

    There are references in the Highway Traffic Act relating to parking, but not for merely crossing, or exiting a parking lot.

    I admit, I haven't had an opportunity to speak with my colleagues in the traffic unit on this one.
    Opinions expressed are those of the author, accuracy of information posted cannot be guaranteed. These opinions in no way represent the OPP, any other Police Department or Police Officer.

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    Quote Originally Posted by ON OFFroad View Post
    ...but I can't find any legislation directly related to either of the above questions. It leads me to believe that this may be something that could potentially be contained within a by-law (if at all).
    I was just going through some local by-laws for a client and remembered this thread. In London, the prohibition of driving across a sidewalk might be contained in the "Streets" by-law (By-law S1). Section 2.12 reads:

    Motor vehicle - bicycle - on sidewalk - exceptions
    No person shall, without lawful authority, either by himself or by permitting others, operate a motor vehicle or bicycle along a sidewalk. This section shall not apply to a person who,
    (a) operates an Electric Personal Assistive Mobility Device due to a disability along a sidewalk;
    (b) operates a motor vehicle or bicycle across that portion of a sidewalk which intersects with a lawful private entrance;
    (c) operates a bicycle on that portion of a sidewalk which connects a bicycle path with a roadway; or
    (d) being under the age of 14, operates a bicycle along a sidewalk

    That is what you might be charged with, in London ON, if you drive across a sidewalk.

    Other locations/municipalities likely have a similar by-law.



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    I had a bad habit of cutting across the concrete dividers whenever they were inconviently in my way, till one day Oficer bob pulled me over and asked "what the hell are you doing" i responded "is it actually against the law to do this" He said not specifically but that if he ever saw me do it again he would make my life hell. that was good enough for me. Its hard to resist in the snow but i try
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    LOL Beatsttc...

    I have a question.. Well the wife does. What about when you want to make the right turn and the lovely person in front of you won't move up that extra inch or two to let you make it on the red. Can you go up on the sidewalk with one side of the vehicle, make your stop at the red then proceed to turn right?

    I am pretty sure I know the answer on this but she wants to know ticket/point wise etc. if possible.

    Thanks in advance..

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    Have you been following me? I have a bad habit of pulling that move and it doesn't help that my license plate is BEATSTTC. Good question Wge, I would like to know the official answer to that one as well

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    Nope, not following you, guess more people drive like us then we think.. lol.

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    Quote Originally Posted by Wge View Post
    LOL Beatsttc...

    I have a question.. Well the wife does. What about when you want to make the right turn and the lovely person in front of you won't move up that extra inch or two to let you make it on the red. Can you go up on the sidewalk with one side of the vehicle, make your stop at the red then proceed to turn right?

    I am pretty sure I know the answer on this but she wants to know ticket/point wise etc. if possible.

    Thanks in advance..
    Your thinking is correct.....


    From the Highway Traffic Act:

    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. R.S.O. 1990, c. H.8, s. 150 (1).


    Driving off roadway prohibited

    (2) No driver of a motor vehicle shall overtake and pass another vehicle by driving off the roadway. R.S.O. 1990, c. H.8, s. 150 (2).

    Non-application of subs. (2)

    (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. 2009, c. 5, s. 46 (2).


    Set Fines:

    150(1) Pass on right - not in safety = $110 and 3 points
    150(2) Pass - off roadway = $110 and 3 points

  11. #11
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    Quote Originally Posted by 97xjsteve View Post
    I was just going through some local by-laws for a client and remembered this thread. In London, the prohibition of driving across a sidewalk might be contained in the "Streets" by-law (By-law S1). Section 2.12 reads:

    Motor vehicle - bicycle - on sidewalk - exceptions
    No person shall, without lawful authority, either by himself or by permitting others, operate a motor vehicle or bicycle along a sidewalk. This section shall not apply to a person who,
    (a) operates an Electric Personal Assistive Mobility Device due to a disability along a sidewalk;
    (b) operates a motor vehicle or bicycle across that portion of a sidewalk which intersects with a lawful private entrance;
    (c) operates a bicycle on that portion of a sidewalk which connects a bicycle path with a roadway; or
    (d) being under the age of 14, operates a bicycle along a sidewalk

    That is what you might be charged with, in London ON, if you drive across a sidewalk.

    Other locations/municipalities likely have a similar by-law.



    97xjsteve is a partner at ML Legal Services. This comment is for information purposes only and should not be construed as legal advice.
    This says along the sidewalks, says nothing about across it.
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    Quote Originally Posted by ON OFFroad View Post
    (b) is made on a highway with unobstructed pavement of sufficient width for two or more lines of vehicles in each direction; or

    ...

    (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;
    Could an unoccupied bicycle lane be considered "sufficient width" or "shoulder" for the purposes of passing on the right? I also infer that a wide gravel shoulder is no good for this
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    Quote Originally Posted by salad View Post
    Could an unoccupied bicycle lane be considered "sufficient width" or "shoulder" for the purposes of passing on the right? I also infer that a wide gravel shoulder is no good for this
    That's a good question, my instinct tells me that a designated bicycle lane would not necessarily be considered a "shoulder".

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