139Exceptions for avoiding obstructions on a road

139 Exceptions for avoiding obstructions on a road

(1)  A driver on a two-way road without a dividing line or median strip may drive to the right of the centre of the road to avoid an obstruction if –

(a) the driver has a clear view of any approaching traffic; and

(b) it is necessary and reasonable, in all the circumstances, for the driver to drive to the right of the centre of the road to avoid the obstruction; and

(c) the driver can do so safely.

Note Approaching, centre of the road, dividing line, median strip, obstruction, traffic and two-way road are defined in the dictionary.

(2)  A driver on a road with a dividing line may drive to the right of the dividing line to avoid an obstruction if –

(a) the driver has a clear view of any approaching traffic; and

(b) it is necessary and reasonable, in all the circumstances, for the driver to drive to the right of the dividing line to avoid the obstruction; and

(c) the driver can do so safely.

(3)  For subrule (2), if the dividing line is a single continuous dividing line to the left of a broken dividing line, a single continuous dividing line only or 2 parallel continuous dividing lines, the hazard in driving to the right of such a dividing line must be taken into account in deciding whether it is reasonable to drive to the right of the dividing line.

(4)  A driver may drive on a dividing strip, or on or over a single continuous line, or 2 parallel continuous lines, along a side of or surrounding a painted island, to avoid an obstruction if –

(a) the driver has a clear view of any approaching traffic; and

(b) it is necessary and reasonable to drive on the dividing strip or painted island to avoid the obstruction; and

(c) the driver can do so safely.

Note Dividing strip and painted island are defined in the dictionary.