Article 99p. 99

COMMERCIAL LAWS NEGOTIABLE INSTRUMENTS, CORPORATION, INSURANCE, TRANSPORTATION, BANKING

vehicle or an animal-drawn vehicle on a highway shall

pass to the right when meeting persons or vehicles

coming toward him, and to the left when overtaking

persons or vehicles going the same direction, and when

turning to the left in going from one highway to another,

every vehicle shall be conducted to the right of the center

of the intersection of the highway.

SECTION

38. Classification

of

Highways .

—

Public

highways shall be properly classified for traffic purposes

by the provincial board, municipal board or city council

having jurisdiction over them, and said provincial board,

municipal board or city council shall provide appropriate

signs

therefor,

subject

to

the

approval

of

the

Commissioner. It shall be the duty of every provincial, city

and municipal secretary to certify to the Commissioner

the names, locations, and limits of all "through streets"

designated as such by the provincial board, municipal

board or council.

ARTICLE II Overtaking and Passing a Vehicle ,

and Turning at Intersections

SECTION 39. Overtaking a Vehicle . — The driver of any

motor vehicle overtaking another vehicle proceeding in

the same direction shall pass at a safe distance to the left

thereof, and shall not again drive to the right side of the

highway until safely clear of such overtaken vehicle

except that on a highway, within a business or residential

district, having two or more lanes for the movement of

traffic in one direction, the driver of a vehicle may

overtake and pass another vehicle on the right. Nothing

in this section shall be construed to prohibit a driver

overtaking and passing, upon the right, another vehicle

which is making or about to make a left turn.

SECTION 40. Driver to Give Way to Overtaking Vehicle .

— The driver of a vehicle about to be overtaken and

passed by another vehicle approaching from the rear

shall give way to the overtaking vehicle on suitable and

audible signal being given by the driver of the overtaking

vehicle, and shall not increase the speed of his vehicle

until completely passed by the overtaking vehicle.

SECTION 41. Restrictions on Overtaking and Passing . —

(a)The driver of a vehicle shall not drive to the left side of

the center line of a highway in overtaking or passing

another vehicle proceeding in the same direction, unless

such left side is clearly visible, and is free of oncoming

traffic for a sufficient distance ahead to permit such

overtaking or passing to be made in safety.

(b)The driver of a vehicle shall not overtake or pass

another vehicle proceeding in the same direction, when

approaching the crest of a grade, not upon a curve in the

highway, where the driver's view along the highway is

obstructed within a distance of five hundred feet ahead,

except on a highway having two or more lanes for

movement of traffic in one direction where the driver of a

vehicle may overtake or pass another vehicle: Provided ,

That on a highway within a business or residential district,

having two or more lanes for movement of traffic in one

direction, the driver of a vehicle may overtake or pass

another vehicle on the right.

(c)The driver of a vehicle shall not overtake or pass any

other vehicle proceeding in the same direction, at any

railway

grade

crossing,

nor

at

any

intersection

of

highways

unless

such

intersection

or

crossing

is

controlled by traffic signal, or unless permitted to do so

by a watchman or a peace officer, except on a highway

having two or more lanes for movement of traffic in one

direction where the driver of a vehicle may overtake or

pass another vehicle on the right. Nothing in this section

shall be construed to prohibit a driver overtaking or

passing upon the right another vehicle which is making

or about to make a left turn.

(d)The driver of a vehicle shall not overtake or pass, or

attempt to pass, any other vehicle, proceeding in the

same direction, between any points indicated by the

placing of official temporary warning or caution signs

indicating that men are working on the highway.

(e)The driver of a vehicle shall not overtake or pass, or

attempt to overtake or pass, any other vehicle proceeding

in the same direction in any "no-passing or overtaking

zone."

ARTICLE III Right of Way and Signals

SECTION 42. Right of Way . — (a) When two vehicles

approach or enter an intersection at approximately the

same time, the driver of the vehicle on the left shall yield

the right of way to the vehicle on the right, except as

otherwise hereinafter provided. The driver of any vehicle

traveling at an unlawful speed shall forfeit any right of

way which he might otherwise have hereunder.

(b)The driver of a vehicle approaching but not having

entered an intersection, shall yield the right of way to a

vehicle within such intersection or turning therein to the

left across the line of travel of such first-mentioned

vehicle, provided the driver of the vehicle turning left has

given a plainly visible signal of intention to turn as

required in this Act.

(c)The driver of any vehicle upon a highway within a

business or residential district shall yield the right of way

to a pedestrian crossing such highway within a crosswalk,

except at intersections where the movement of traffic is

being regulated by a peace officer or by traffic signal.

Every pedestrian crossing a highway within a business or

residential district, at any point other than a crosswalk

shall yield the right of way to vehicles upon the highway.

(d)The driver of a vehicle upon a highway shall bring to a

full stop such vehicle before traversing any "through

highway" or railroad crossing: Provided , That when it is

apparent that no hazard exists, the vehicle may be slowed

down to five miles per hour instead of bringing it to a full

stop.

SECTION 43. Exception to the Right of Way Rule . — (a)

The driver of a vehicle entering a highway from a private

road or drive shall yield the right of way to all vehicles

approaching on such highway.

(b)The driver of a vehicle upon a highway shall yield the

right of way to police or fire department vehicles and

ambulances when such vehicles are operated on official

business and the drivers thereof sound audible signal of

their approach.

(c)The driver of a vehicle entering a "through highway" or

a "stop intersection" shall yield the right of way to all

vehicles approaching in either direction on such "through

highway": Provided , That nothing in this subsection shall

be construed as relieving the driver of any vehicle being

operated on a "through highway" from the duty of driving

with due regard for the safety of vehicles entering such

"through highway" nor as protecting the said driver from

the consequence of an arbitrary exercise of such right of

way.

SECTION 44. Signals on Starting , Stopping or Turning . —

(a)The driver of any vehicle upon a highway, before

starting, stopping or turning from a direct line, shall first

see that such movement can be made in safety, and if

any pedestrian may be affected by such movement, shall

give a clearly audible signal by sounding the horn, and

whenever the operation of any other vehicle approaching

or following may be affected by such movement, shall

give a signal plainly visible to the driver of such other

vehicles of the intention to make such movement.

(b)The signal herein required shall be given by means of

extending the hand and arm beyond the left side of the

vehicle, or by an approved mechanical or electrical signal

device.

ARTICLE IV Turning and Parking

SECTION 45. Turning at Intersections . — (a) The driver of

a vehicle intending to run to the right at an intersection

© Compiled by RGL

99 of 211