I moved to Ontario two years ago. When I drive on highways with multiple lanes here, I usually go about 15 kilometres an hour above the speed limit. When I’m in the left lane, I often get passed by cars in the right lane. I find that alarming because, as I understand it, that right lane is supposed to be for slower traffic. Is passing on the right legal here? – Alex, Toronto
In Ontario, drivers have a right to pass you on the right – and when they do, it might be a sign that you’re in the wrong lane, police said.
“It’s not illegal to pass on the right as long as you can do it safely,” said Constable Scott Stratton, a spokesman for the Ontario Provincial Police Highway Safety Division. “If you’re in the left lane and you’re being passed, that means you’re not travelling at the normal speed of traffic on the highway – and you should be moving to the right lane.”
In Ontario, the law states that using the right lane to pass a car on the left is generally legal as long as it is safe, Stratton said.
But the law also requires vehicles “travelling at less than the normal speed of traffic” to move to the right, Stratton said. That applies even if other drivers are speeding, he said.
So, if the speed limit is 100 kilometres an hour and you’re in the left lane going 115, you should move over to the right if faster cars are coming up behind you, Stratton said.
“If people are passing you on the right and you’re in the left lane, you should really think about moving over to the right lane and letting those people fly by you,” he said. “Because hopefully there’s a police officer down the road that will stop them for speeding.”
While some drivers sit in the left lane going the speed limit or slightly above, it’s not their job to slow down speeders, Stratton said.
“I stopped a guy one day for doing 100 [in the left lane] and there were cars passing on the right honking at him and giving him the finger,” Stratton said. “He said ‘I’m keeping people from speeding and doing your job for you.’ But he was keeping me from doing my job, which was to catch speeders and give them the ticket they deserve.”
Driving too slow in the left lane can lead to road rage, Stratton said.
While the rules about using the right lane to pass cars vary by province, most allow it.
But Quebec bans passing on the right unless you’re passing a car turning left.
Also, while most other provinces require slower traffic to keep right, Quebec is the only province where the left lane is for passing only – you’re supposed to use it only for passing or turning left, even if you’re the only vehicle on the highway, said Sûreté du Québec, Quebec’s provincial police force.
Passing safely?
Staying in the right lane and using the left lane just for passing is generally a good idea, even where the law doesn’t require it, said Angelo DiCicco, general manager with the Ontario Safety League, a Mississauga-based non-profit focusing on driver education.
“It’s called lane discipline,” DiCicco said. “In Ontario, we’re not very good at it. Everyone loves the left lane.”
Often, drivers aren’t intentionally blocking the left lane – they may not realize that faster cars want to pass.
“If you’re in the far left lane and you have cruise control on, then you’re [probably] not aware,” DiCicco said. “If you’re setting it and forgetting it and having a long conversation, you’re in the wrong lane. You need to be in the right lane.” So, whenever you’re in the left lane, check your rear-view mirror. If someone’s coming up from behind, get into the right lane as soon as you can do it safely, DiCicco said.
“Whatever speed you’re going, there’s always someone who wants to go faster,” DiCicco said. “If you are passed by more than two or three vehicles on the right, the world is trying to send you a message. Eventually, you may find yourself getting cut off by someone who’s frustrated with your speed.”
If you find yourself in the right lane passing cars in the left lane, especially if traffic in the left lane is stalled, be aware that they may not be expecting you to pass them, the OPP’s Stratton said.
“You need to go by them at a speed that you could safely stop if someone were to jump out into your lane in front of you. Even the speed limit sometimes can be too fast,” he said. “If you hit them, you’re [not at fault] because they made an unsafe lane change … but, personally, I’d rather avoid a collision by driving slower.”
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Editor’s note: This article has been updated to clarify that most provinces require slower traffic to keep right.