A question was recently posed to the Cook County News-Herald regarding Ontario vehicle passing laws. A reader who regularly travels Highway 61 east of Grand Marais has had Ontario vehicles driving up close behind her and flashing their lights as if expecting her to move over to the shoulder so they can pass.
According to the Ontario Highway Traffic Act, the person being passed “shall turn out to the right and allow the overtaking vehicle … to pass.” The person doing the passing “shall turn out to the left so far as may be necessary to avoid a collision with the vehicle … overtaken.”
That does not mean the person being passed should leave the driving lane, however. Ontario Traffic Act defines “roadway” as “the part of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder.”
Regarding slow-moving vehicles, Ontario law states, “Any vehicle traveling upon a roadway at less than the normal speed of traffic at that time and place shall, where practicable, be driving in the right-hand lane then available for traffic as close as practicable to the right hand curb or edge of the roadway,” but “the person overtaken is not required to leave more than one-half of the roadway free.”
Minnesota statutes say about passing, “The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
“…Except when overtaking and passing on the right is permitted, the driver of an overtaken vehicle shall give way to the right in favor of the overtaking vehicle on audible warning, and shall not increase the speed of the overtaken vehicle until completely passed by the overtaking vehicle.”
Vehicles passing in Minnesota leave the right-hand lane to pass and then re-enter it. The statute does not require the vehicle being passed to leave the roadway, which is defined as “that portion of a highway improved, designed, or ordinarily used for vehicular travel, exclusive of the sidewalk or shoulder.”
In Minnesota, cars that pass must be back within their own lane before coming within 100 feet of a vehicle approaching from the opposite direction. Passing is not allowed “when approaching the crest of a grade or upon a curve in the highway where the driver’s view along the highway is obstructed within a distance of 700 feet” or “when approaching within 100 feet of any underpass or tunnel, railroad grade crossing, intersection within a city, or intersection outside of a city if the presence of the intersection is marked by warning signs….”
As in Ontario, slow-moving vehicles in Minnesota must drive in the right lane or as close as possible to the curb or edge of the roadway.
Vehicles are not supposed to follow other vehicles too closely. Minnesota statute says, “The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent….”
The Ontario Ministry of Transportation states that a safe following distance is at least two seconds behind the vehicle ahead (called “the two-second rule”), and more than that in bad weather, when following large vehicles that block the view of the road ahead, and when the vehicle is heavily loaded or following smaller, lighter vehicles that can stop more quickly.
“Follow the two-second rule by picking a marker on the road ahead, such as a road sign or pole,” the Ontario Ministry of Transportation recommends. “When the rear of the vehicle ahead passes the marker, count ‘one thousand one, one thousand two.’ When the front of your vehicle reaches the marker, stop counting. If you reach it before you count ‘one thousand two,’ you are following too closely.”
Some drivers flash their lights at oncoming cars to signify to oncoming traffic that they will encounter highway patrol vehicles up ahead. Some drivers flash their lights at large trucks that have passed them to let them know that it is safe to move back into the regular driving lane.
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