C-24 - Highway Code

Section 39 Disposition versions

1987-06-29

39. (Replaced).

R. S. 1964, c. 231, s. 40; 1972, c. 55, s. 88; 1984, c. 47, s. 213; 1986, c. 91, s. 674.

1985-04-01

39. (1)  On public highways having a sufficient width, every vehicle must be driven on the right-hand side, except:

(a)  to pass another vehicle travelling in the same direction;

(b)  when the right-hand side of the highway is obstructed or closed to traffic for purposes of construction or repair;

(c)  on a highway where one-way traffic is indicated.

(2)  Crossings must be made to the right and passing to the left.

(3)  Subject to subsection 4 of this section, the driver of a vehicle overtaking and passing another shall not bear to the right again until he has made sure that he can do so without risk to the vehicle passed.

When preparing to pass, the person driving a motor vehicle shall, before bearing to the left, give warning of his intention to do so, and make sure that it is possible to pass without any risk of a collision with a vehicle or an animal coming in an opposite direction.

(4)  The driver of a vehicle shall not overtake and pass another on the right, except when the other vehicle is about to turn left.

In no case however is it permitted to leave the paving of the roadway in order to overtake and pass.

(5)  No vehicle shall overtake and pass another to the left of the centre of the road, unless there is sufficient visibility to permit of such move without risk, and unless that part of the road be free from oncoming traffic for a distance sufficient to overtake and pass easily and without danger and to regain the right of the road at least 30 m from any oncoming vehicle.

(6)  No vehicle shall be driven on the left side of a public highway in the following cases:

(a)  when approaching the crest of a rise or rounding a curve, whenever the driver cannot see at a sufficient distance ahead to prevent any risk of colliding with or running into any oncoming vehicle;

(b)  when approaching or traversing an intersection or a level crossing;

(c)  when approaching a bridge, viaduct or tunnel where visibility is restricted.

(7)  When there is a double white line or a continuous white or yellow line, it is forbidden to cross the same in order to pass a vehicle except for passing a farm tractor, an animal-drawn vehicle, a bicycle or a pedestrian.

(8)  When a public highway is divided into several traffic lanes, the following rules shall be observed:

(a)  the vehicle shall occupy one lane only and shall refrain from entering another before having ascertained that this may be done without danger and after having given warning of his intention;

(b)  on a public highway with traffic in both directions and divided into three lanes, the vehicle shall not be driven on the centre lane, except to pass another, if such lane is clear for such a distance as to involve no risk, or for the purpose of preparing to turn left at the next intersection;

(c)  The drivers of vehicles moving at reduced speed shall comply with signs prescribing the use of a special uphill lane on their right.

(9)  The driver of a vehicle following another shall keep at a safe distance from it, taking into account the speed and density of the traffic as well as the condition of the road.

The driver of a truck or of a vehicle with a trailer or semi-trailer which is following another on a public highway, outside a business or residential area, shall, when conditions permit, leave a clear distance of 60 m between them, so as to allow a vehicle wishing to pass it to occupy the intervening space without risk; but he may himself overtake and pass the vehicle in front.

Vehicles moving in procession on a public highway, outside business or residential areas, shall leave between them a space sufficient to allow vehicles passing them to occupy, if necessary, the intervening space without risk; this rule shall not apply to funeral processions.

(10)  Every driver of a vehicle travelling on a public highway shall yield the right of way, by bearing to his right, to any vehicle claiming it.

(11)  The driver of a vehicle shall not drive in reverse without having ascertained that this can be done without risk and without impeding traffic.

(12)  Every driver of a vehicle desiring to stop, slow down or turn on the road must make the following signals:

Left turn: extend the forearm horizontally;

Right turn: extend the forearm upwards;

Stop, or lessening of speed: extend the arm downwards.

A left turn and a right turn may also be indicated:

(a)  by signals made by means of a mechanical device of a type approved by the Department, which shall be placed on each side of the vehicle and pointed in the direction of the intended turn; or

(b)  by signals made by means of a luminous indicator of a type approved by the Department, operated on the left side or the right side of the vehicle with respect to its direction, according to the direction of the intended turn.

The signals contemplated in sub-paragraphs a and b of this paragraph 12 shall be compulsory for trucks and autobuses.

A stop or lessening of speed may also be indicated by signals made by means of lights or luminous devices adapted to such purpose at the rear of the vehicle and approved by the Department.

(13)  Near an intersection, the driver of the vehicle preparing to turn left shall yield the way to any vehicle coming in the opposite direction which enters the intersection or is so near it that it would be dangerous to turn in front of it.

(14)  At bifurcations and at crossings of public highways, the driver of a vehicle on one of the roads shall give the right of way to the driver of a vehicle coming to his right on the other road, except when a stop sign or priority sign is placed on one of such roads, in which case the driver of a vehicle on such road shall be bound to yield the way.

On a one-way or multi-lane public highway, a vehicle preparing to turn left at the next intersection shall, after signalling its intention and ascertaining that it can do so without risk, bear to the extreme left.

(15)  Except when directed by a peace officer to ignore a stop sign, every driver of a vehicle when approaching an intersection where there is a stop sign, shall bring his vehicle to a stop and yield the way to any vehicle coming from the other road.

(16)  The driver of a vehicle preparing to leave a road or private entrance to enter or cross a public road shall yield the way to any vehicle approaching on such public road.

(17)  A driver wishing to turn right at an intersection shall inasmuch as possible make a sharp turn and shall not encroach on the left or the centre of the road which he is entering.

(18)  On a road for traffic in both directions, the driver of a vehicle preparing to turn left at the intersection of a road where traffic is also in both directions shall approach the centre line of the road on which he is travelling, continue in a straight line to the lateral line of the road which he wishes to enter and make his left turn as soon as the way is clear, entering the other road, on the right of the latter.

(19)  On a road for one-way traffic, the driver of a vehicle preparing to turn left at the intersection of a road where traffic is in both directions shall approach on the extreme left of the road on which he is travelling, enter the intersection in a straight line to the lateral line of the road which he wishes to take and make his left turn as soon as the way is clear, entering the other road, on the right of the latter.

(20)  On a road for two-way traffic, the driver of a vehicle preparing to turn left at the intersection of a one-way road shall approach the centre line of the road on which he is travelling and turn sharply to his left as soon as he reaches the one-way road he intends to take, if the way is clear.

R. S. 1964, c. 231, s. 40; 1972, c. 55, s. 88; 1984, c. 47, s. 213.

1977-12-31

39. (1)  On public highways having a sufficient width, every vehicle must be driven on the right-hand side, except:

(a)  to pass another vehicle travelling in the same direction;

(b)  when the right-hand side of the highway is obstructed or closed to traffic for purposes of construction or repair;

(c)  on a highway where one-way traffic is indicated.

(2)  Crossings must be made to the right and passing to the left.

(3)  Subject to subsection 4 of this section, the driver of a vehicle overtaking and passing another shall not bear to the right again until he has made sure that he can do so without risk to the vehicle passed.

When preparing to pass, the person driving a motor vehicle shall, before bearing to the left, give warning of his intention to do so, and make sure that it is possible to pass without any risk of a collision with a vehicle or an animal coming in an opposite direction.

(4)  The driver of a vehicle shall not overtake and pass another on the right, except when the other vehicle is about to turn left.

In no case however is it permitted to leave the paving of the roadway in order to overtake and pass.

(5)  No vehicle shall overtake and pass another to the left of the centre of the road, unless there is sufficient visibility to permit of such move without risk, and unless that part of the road be free from oncoming traffic for a distance sufficient to overtake and pass easily and without danger and to regain the right of the road at least one hundred feet from any oncoming vehicle.

(6)  No vehicle shall be driven on the left side of a public highway in the following cases:

(a)  when approaching the crest of a rise or rounding a curve, whenever the driver cannot see at a sufficient distance ahead to prevent any risk of colliding with or running into any oncoming vehicle;

(b)  when approaching or traversing an intersection or a level crossing;

(c)  when approaching a bridge, viaduct or tunnel where visibility is restricted.

(7)  When there is a double white line or a continuous white or yellow line, it is forbidden to cross the same in order to pass a vehicle except for passing a farm tractor, an animal-drawn vehicle, a bicycle or a pedestrian.

(8)  When a public highway is divided into several traffic lanes, the following rules shall be observed:

(a)  the vehicle shall occupy one lane only and shall refrain from entering another before having ascertained that this may be done without danger and after having given warning of his intention;

(b)  on a public highway with traffic in both directions and divided into three lanes, the vehicle shall not be driven on the centre lane, except to pass another, if such lane is clear for such a distance as to involve no risk, or for the purpose of preparing to turn left at the next intersection;

(c)  The drivers of vehicles moving at reduced speed shall comply with signs prescribing the use of a special uphill lane on their right.

(9)  The driver of a vehicle following another shall keep at a safe distance from it, taking into account the speed and density of the traffic as well as the condition of the road.

The driver of a truck or of a vehicle with a trailer or semi-trailer which is following another on a public highway, outside a business or residential area, shall, when conditions permit, leave a clear distance of two hundred feet between them, so as to allow a vehicle wishing to pass it to occupy the intervening space without risk; but he may himself overtake and pass the vehicle in front.

Vehicles moving in procession on a public highway, outside business or residential areas, shall leave between them a space sufficient to allow vehicles passing them to occupy, if necessary, the intervening space without risk; this rule shall not apply to funeral processions.

(10)  Every driver of a vehicle travelling on a public highway shall yield the right of way, by bearing to his right, to any vehicle claiming it.

(11)  The driver of a vehicle shall not drive in reverse without having ascertained that this can be done without risk and without impeding traffic.

(12)  Every driver of a vehicle desiring to stop, slow down or turn on the road must make the following signals:

Left turn: extend the forearm horizontally;

Right turn: extend the forearm upwards;

Stop, or lessening of speed: extend the arm downwards.

A left turn and a right turn may also be indicated:

(a)  by signals made by means of a mechanical device of a type approved by the Department, which shall be placed on each side of the vehicle and pointed in the direction of the intended turn; or

(b)  by signals made by means of a luminous indicator of a type approved by the Department, operated on the left side or the right side of the vehicle with respect to its direction, according to the direction of the intended turn.

The signals contemplated in sub-paragraphs a and b of this paragraph 12 shall be compulsory for trucks and autobuses.

A stop or lessening of speed may also be indicated by signals made by means of lights or luminous devices adapted to such purpose at the rear of the vehicle and approved by the Department.

(13)  Near an intersection, the driver of the vehicle preparing to turn left shall yield the way to any vehicle coming in the opposite direction which enters the intersection or is so near it that it would be dangerous to turn in front of it.

(14)  At bifurcations and at crossings of public highways, the driver of a vehicle on one of the roads shall give the right of way to the driver of a vehicle coming to his right on the other road, except when a stop sign or priority sign is placed on one of such roads, in which case the driver of a vehicle on such road shall be bound to yield the way.

On a one-way or multi-lane public highway, a vehicle preparing to turn left at the next intersection shall, after signalling its intention and ascertaining that it can do so without risk, bear to the extreme left.

(15)  Except when directed by a peace officer to ignore a stop sign, every driver of a vehicle when approaching an intersection where there is a stop sign, shall bring his vehicle to a stop and yield the way to any vehicle coming from the other road.

(16)  The driver of a vehicle preparing to leave a road or private entrance to enter or cross a public road shall yield the way to any vehicle approaching on such public road.

(17)  A driver wishing to turn right at an intersection shall inasmuch as possible make a sharp turn and shall not encroach on the left or the centre of the road which he is entering.

(18)  On a road for traffic in both directions, the driver of a vehicle preparing to turn left at the intersection of a road where traffic is also in both directions shall approach the centre line of the road on which he is travelling, continue in a straight line to the lateral line of the road which he wishes to enter and make his left turn as soon as the way is clear, entering the other road, on the right of the latter.

(19)  On a road for one-way traffic, the driver of a vehicle preparing to turn left at the intersection of a road where traffic is in both directions shall approach on the extreme left of the road on which he is travelling, enter the intersection in a straight line to the lateral line of the road which he wishes to take and make his left turn as soon as the way is clear, entering the other road, on the right of the latter.

(20)  On a road for two-way traffic, the driver of a vehicle preparing to turn left at the intersection of a one-way road shall approach the centre line of the road on which he is travelling and turn sharply to his left as soon as he reaches the one-way road he intends to take, if the way is clear.

R. S. 1964, c. 231, s. 40; 1972, c. 55, s. 88.