139—Exceptions for avoiding obstructions on a road
(1) A driver on a
two-way road without a dividing line or median strip may drive to the right of
the centre of the road to avoid an obstruction if—
(a) the
driver has a clear view of any approaching traffic; and
(b) it
is necessary and reasonable, in all the circumstances, for the driver to drive
to the right of the centre of the road to avoid the obstruction; and
(c) the
driver can do so safely.
Note—
"Approaching", "centre of the road", "dividing line", "median strip",
"obstruction", "traffic" and "two-way road" are defined in the dictionary.
(2) A driver on a road
with a dividing line may drive to the right of the dividing line to avoid an
obstruction if—
(a) the
driver has a clear view of any approaching traffic; and
(b) it
is necessary and reasonable, in all the circumstances, for the driver to drive
to the right of the dividing line to avoid the obstruction; and
(c) the
driver can do so safely.
(3) For subrule (2),
if the dividing line is a single continuous dividing line to the left of a
broken dividing line, a single continuous dividing line only or 2 parallel
continuous dividing lines, the hazard in driving to the right of such a
dividing line must be taken into account in deciding whether it is reasonable
to drive to the right of the dividing line.
(4) A driver may drive
on a dividing strip, or on or over a single continuous line, or 2 parallel
continuous lines, along a side of or surrounding a painted island, to avoid an
obstruction if—
(a) the
driver has a clear view of any approaching traffic; and
(b) it
is necessary and reasonable to drive on the dividing strip or painted island
to avoid the obstruction; and
(c) the
driver can do so safely.
Note—
"Dividing strip" and "painted island" are defined in the dictionary.