Ticket for use of closed lane

Hi
Her is my recent story that occurred Christmas week. I am almost positive I will contest. Unless in your experience you say absolutely not to. But even then…

Week before Christmas I was on my way off the Montreal Island by Champlain bridge. It was 7.30 am, and the most left lane is closed and used for inbound bus traffic. The lane is “closed off” with cones located approximately 200 m before the span.

Details of the lane configuration:20m    2 lanes becomes 3 lanes by “entry lane” from right.
0m        1’st sign overhead of most left lane with Big red X.
313 m    2nd sign with big red X
480 m    Exit 57S to ile de Soeurs
660 m    Exit 57N to ile de Soeurs
750 m    Officer located
1120 m    Location of cones

My event: This morning traffic was quite light and I was traveling in the most left lane coming off the 720/Decarie. Speed limit is at the location 70 km/h, but I would estimate traffic flow was at 80-85 km/h. Normal pace, but not excessive.

When passing the first sign with the red X,  I had a car on my right and could not merge to the center lane immediately. I proceeded with maintained speed for a distance to see if the car in the center lane had intentions to exit on 57S or 57N. As we aproached 57S, this vehicle was still on my right and had made no indication to change lane. I then decided to slow down get in behind him. This occurred approximately at the 500 m mark. I was in center lane at approximately at 550 m.

This is when the officer pulled me over and I received a ticket for use of closed lane. ( I think) -I have requested, but not yet received a translation of my infraction as the officer refused to communicate in any English.

Indeed, I used a closed lane, but there are circumstances:
1) There is no pre-advanced signalization or indication of closed lane prior to the red X. That means you can not be expected to be merged immediately at the first sign, and consequently it must be accepted to travel “a certain distance” in the closed lane. –What distance should be accepted will be up to the judge in this case. Is it 100m, 200m 500m, subject to traffic intensity, subject to weather?

2) As the highway only have two lanes until 20 m before the first sign, it is not possible for all traffic crossing the bridge to use this single lane. Another reason why it must be accepted to travel for a certain distance in the most left lane.

3)Much of the traffic between the 1st and 2nd sign is exiting on 57S or 57N. There are no exit ramps on those exits. It is unreasonable to expect all “span” traffic to merge immediately after the first sign and “mix” with traffic exiting on Ile de Soeurs. Hence it must again be accepted to travel “a certain distance” in the most left lane.

4) Local tradition at the location, is to maintain in the most left lane for a certain distance and wait for possible openings in the center lane by cars moving from center to right. This works well as long as drivers does not take advantage to use the most left lane to speed and pass other traffic. In practice, drivers use the lane to merge safely to the center lane well in advance of the cones. Traffic does typically not “panic” to merge to the center lane. Just like I did in this case.

5) I did not stay in the most left lane to gain advantage over other traffic. I did not speed up after the first sign to “cut off” and “cut in” to the center lane.

Obviously from a legal point of view, #1 is my strong argument.

This is pretty much my case. Opinions? Any chance to win this in court? In my opinion, it is at least a questionable infraction. Perhaps I should have merged at 400 m instead of 500m, but what distance would be acceptable? (Distance beyond the sight of the officer)?

Best regards

Per Ekegerd
Pierrefonds

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Cet article a été publié le Thursday 12 January 2012 à 7:45 pm et est classé dans Miscellaneous. Vous pouvez en suivre les commentaires par le biais du flux RSS 2.0. Vous pouvez laisser un commentaire, ou faire un trackback depuis votre propre site.