The language used in every jurisdiction unambiguously favours caution ("...unless it is unsafe..."). Drivers are constantly making determinations re: whether or not an action is safe or unsafe. But if an accident occurs, the rules of the road are typically worded so as to implicate the actions that caused it. Your action caused an accident therefore your action wasn't safe. If an accident does not occur then you'll have a friendly disagreement with the guy who writes your ticket re: whether or not your action was unsafe.
In any event, methinks the main questions here are:
- Was it safe to pass? (I think I agree with Mike K. that it wasn't, because of the obstructing vehicles, the nearness to the intersection, and the change in the angle of the road on the other side of the intersection)
- Is it legal to proceed through an intersection on the left side of the road (I think we would call this "failure to keep right through an intersection", wouldn't we?) (I don't know why we'd ever want to encourage this sort of thing on city streets in high-traffic environments.)
Motor Vehicle Act s.155(1)
1) ...if a highway is marked with
c) one single line, broken or solid, the driver of a vehicle must drive the vehicle to the right of the line, except only when passing an overtaken vehicle.
Subsection(s) do not apply if a driver is avoiding an obstruction on the highway and first ascertains that the movement can be made with safety and without affecting the travel of any other vehicle.
Edited by aastra, 08 July 2014 - 08:38 PM.