Big rigs are allowed to turn right from left lane
Advice columnist Eric Lai and other Toronto experts answer non-mechanical questions from readers. Due to its size, a tractor trailer turned right starting from the marked left-turn lane and midway through, hit a car in the right lane. At this small controlled intersection both roads have only one through lane plus a short left-turn lane for each direction of traffic. There are no concrete islands. Who would be at fault here? Pete Karageorgos of the Insurance Bureau of Canada replies:
If the car was already occupying the right lane and the tractor trailer turned into it, then the trucker is entirely at fault as per fault determi- nation rule 10(4). The long vehicle is allowed, under Section 141(9) HTA, to make its right turn from the left lane — but only when safe to do so.
If instead the truck was signalling and had already begun its right turn, the vehicle coming from behind and trying to overtake it on the right would be to blame since the tractor was already occupying the right lane. Section 150(1) HTA allows passing on the right “only where the movement can be made in safety.”
Additionally, since making a right turn from the left lane isn’t specifically described in the fault determination rules, the ordinary rules of law would apply. Perhaps consider the “last clear chance” doctrine, which would require knowing whether the truck had signalled its intention to turn right before the car had moved alongside, and whether the truck was already straddling part of the right lane. Also, since it was a controlled intersection, whether the vehicles had been stopped waiting to make a turn or there was continuous movement of the two vehicles prior to contact.
Or if both sides offer conflicting statements, the adjuster may apportion half-fault to each party. Can I mail my licence plate renewal application, cheque and emissions certificate to get a new plate sticker? Bob Nichols of MTO replies:
If plates have not expired, the ministry will process plate renewal requests received by mail at: Ministry of Transportation, Licensing Administration Office, 2680 Keele St., Building A, Downsview, Ont., M3M 3E6. However, we encourage renewing online or in person at any Service Ontario Driver and Vehicle Licence Office. Where should my plate sticker go? Eric Lai replies:
On the upper-right corner of the rear plate. For commercial plates, it’s the upper-right corner of the front plate. Anywhere else constitutes a ticketable offence under Section 7(1)(c) of the HTA. Freelance writer Eric Lai is a regular contributor to Toronto Star Wheels. Email your non-mechanical questions to him at wheels@thestar.ca. Due to the volume of mail, personal replies cannot be provided.