Here's pretty much the story, just looking for advice as far as arguing a decision ICBC has made. They're trying to tell me they're dinging me for following too close and I'm trying to argue that although I was still in my lane, I had already began to pass (technically) and therefore the incident happened while I was overtaking and not just riding along. By the way, NO WAY I was following too close.
The Motor Vehicle Act of British Columbia states that “A driver of a vehicle must not drive to the left side of the roadway in overtaking and passing another vehicle unless the driver can do so in safety” (Section 159 – Passing on left).
On the evening of the 30th of May, 2006 I was involved in a collision while abiding by this section of the act. As per the fore mentioned Section 159, In order to ensure safety for all parties during the pass which I was making I took the following steps in this exact order.
1 – Surroundings check. Broken yellow line allows passing where clear (Section 151(1)(c) – Highway lines). No oncoming traffic and good sight lines in accordance with Section 160 – Clear view on passing.
2 – Signal left. Shoulder check for traffic approaching from the rear or attempting to pass. All clear.
3 – Begin accelerating and begin moving over to left (read, passing) lane. Controlled acceleration is necessary before the pass in order to make the pass as safely as possible as the longer you linger in the left lane the greater the chance you have of encountering oncoming vehicles. As well, in order to make the pass as seamless as possible, acceleration should begin BEFORE you enter the left lane as not to disrupt any traffic that may be attempting to pass as well.
At this point the vehicle I was attempting to pass moved into the passing lane for no apparent reason without due warning as required in the MVA under Section 170 (1)(2)(3) – Signals on turning. Because I had made three physical motions toward passing said vehicle (signalling, accelerating, and beginning lane change) I was therefore in the act of overtaking said vehicle. Under section 151 A driver who is driving a vehicle on a laned roadway (a) must not drive it from one lane to another when a broken line only exists between the lanes, unless the driver has ascertained that movement can be made with safety and will in no way affect the travel of another vehicle. The driver of the vehicle I was passing did not follow Section 150 (1), 151 (a), 170 (1)(2)(3), and was attempting to park in contravention of Section 190 on the left hand side of the road as there was no lane or appropriate place to park in order to complete his pick up.
Although I had taken all possible saftey percautions and despite attempting an emergency lane change back to the right lane I was unable to avoid the truck due entirely to his lack of forewarning through signaling.