Are you allowed to legally drive inside the yellow lane on the shoulder of a public road?

Question:

What are the specific Acts and provincial and municipal regulations governing the contentious use of yellow lines?

Answer:

Reg 298A of the National Road Traffic Act applies. The essential elements have been highlighted:

Prohibition on driving on shoulder of public road, except in certain circumstances

Reg 298A.(1)         Subject to subregulation (2) and regulation 298(1)(e), no person shall drive a motor vehicle on the shoulder of a public road.

(2)        Notwithstanding subregulation (1), the driver of a motor vehicle may, during the period between sunrise and sunset, drive such motor vehicle on the shoulder of a public road which is designated for one lane of traffic in each direction


(a)        while such motor vehicle is being overtaken by another vehicle; and

b)         if he or she can do so without endangering himself or herself, other traffic, pedestrians or property on such public road;

(c)         if persons and vehicles upon a public road are clearly discernible at a distance of at least 150 metres.

2 thoughts on “Are you allowed to legally drive inside the yellow lane on the shoulder of a public road?

  • November 1, 2011 at 6:31 am
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    Note that the rule states ‘while being overtaken’. This implies that you cannot drive there for long stretches ‘in case’ someone wants to overtake you.

  • January 3, 2015 at 9:10 am
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    and a driver “may”. it also means that you are not “forced” to- as some drivers would want to believe- that you have an obligation to drive in the yellow in order to allow them to pass

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