sec.139Exceptions for avoiding obstructions on a road

sec.139 Exceptions for avoiding obstructions on a road

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— the driver has a clear view of any approaching traffic; and 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 the driver can do so safely. A driver on a road with a dividing line may drive to the right of the dividing line to avoid an obstruction if— the driver has a clear view of any approaching traffic; and 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 the driver can do so safely. For subsection (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 the dividing line must be taken into account in deciding whether it is reasonable to drive to the right of the dividing line. 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— the driver has a clear view of any approaching traffic; and it is necessary and reasonable to drive on the dividing strip or painted island to avoid the obstruction; and the driver can do so safely. (sec.139-ssec.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— the driver has a clear view of any approaching traffic; and 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 the driver can do so safely. (sec.139-ssec.2) A driver on a road with a dividing line may drive to the right of the dividing line to avoid an obstruction if— the driver has a clear view of any approaching traffic; and 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 the driver can do so safely. (sec.139-ssec.3) For subsection (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 the dividing line must be taken into account in deciding whether it is reasonable to drive to the right of the dividing line. (sec.139-ssec.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— the driver has a clear view of any approaching traffic; and it is necessary and reasonable to drive on the dividing strip or painted island to avoid the obstruction; and the driver can do so safely.