In Richards v. Parker, 2003 BCSC 758, Burnyeat J. made two pertinent points regarding driver’s liability when entering t-intersection. First, if the line in the road is broken, a driver in a two-lane road can drive in the oncoming traffic lane to pass a vehicle if that driver can clearly see oncoming traffic and can safely do so. While this manoeuvre will likely violate the Motor Vehicle Act, unless the violation causes or contributes to the accident, it will not be negligent. Second, a driver on a two-lane road can pass a car in the left passing lane at an unmarked t-intersection if that driver can clearly see oncoming traffic.
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