Passing zones always presented interesting situations for traffic enforcement. There were many times when I would find one driver in the right lane travelling at or near the speed limit and another overtaking on the left at a speed significantly in excess of that limit.
On stopping the speeder I would often hear about how they had been forced to travel behind the slower vehicle, which had been going well under the limit, for great distances and how that slow driver sped up when they reached the passing lane.
“Isn’t there a law about increasing your speed while being passed?” I was often asked. Yes there is, but it does not automatically take effect when you find an opportunity to pass.
The Motor Vehicle Act says the following:
157 (2) Except when overtaking and passing on the right is permitted, a driver of an overtaken vehicle,
(a) on hearing an audible signal given by the driver of the overtaking vehicle, must cause the vehicle to give way to the right in favour of the overtaking vehicle, and
(b) must not increase the speed of the vehicle until completely passed by the overtaking vehicle.
When there is only one lane for your direction of travel and a safe opportunity to pass appears, honk your horn at the slower driver ahead of you. Having heard the sound of your horn, they are required to wait until after you pass to speed up.
Multiple lanes permit passing on the right because there are at least two adjacent lanes for the same direction of travel. So, the previously slow driver is allowed to speed up to the limit in this type of passing zone.
Experience had taught me that if I applied my speed “allowance” for drivers over the limit to those under the limit and watched the advisory speed signs, speeders were a dime a dozen and truly slow drivers were difficult to find.
If you have to exceed the limit in order to pass them, you take your chances with law enforcement.
Story URL: https://www.drivesmartbc.ca/passing/increasing-speed-while-passing
-- Tim Schewe Road Safety Advocate DriveSmartBC.ca
