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Passing on unpaved shoulder prohibited, police remind

The unsafe manoeuvre happens regularly on Highway 101 West at Jaguar, Kamiskotia and Government roads
2021-10-05 TPS STOCK2 SUP

NEWS RELEASE
TIMMINS POLICE SERVICE
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The Timmins Police Service is in receipt of a number of complaints regarding the unsafe use of the right shoulder to accommodate the passing of vehicles stopped or slowing to complete a left turn off of a highway.

As a result, the Timmins Police Service is issuing a Public Advisory in regards to this ongoing traffic concern as it severely affects the safety of the motorists completing this maneuver as well as the drivers who are trying to complete a left turn off of a highway.

This patently unsafe manoeuvre is occurring on, what appears to be, a regular basis on Hwy 101 West at the intersections of Jaguar Road, Kamiskotia Road and Government Road South.

The Timmins Police Service wishes to remind motorists of their legal obligations to be fully compliant with the statutory requirements spelled out in section 150 of the Highway Traffic Act

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

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

The only instance where this is legally permissible is where the shoulder is paved and this is clearly not the case at any of the intersections listed above.

Any motorists observed completing this type of passing maneuver will be issued an Offence Notice that carry significant fines.

The Timmins Police would rather educate than prosecute but the driving comportment displayed will be the compelling factor in the officer’s decision not to use his or her discretion.

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