Defendant appealed a decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-15-11 (landed roadways). Defendant claimed that the decision of the trial judge was not supported by the reliable, probative, and substantial evidence on the whole record. Section 31-15-11 states that “a vehicle shall be driven as nearly as practical entirely within a single lane and shall not be moved from the lane until the driver has first ascertained that the movement can be made with safety.” Defendant testified that it was not unsafe to cross the center line and he did so to avoid a possible collision with pedestrians. Further, although the citing officer testified the defendant crossed over the center line, the record is devoid of any factual findings indicating it was unsafe to do so. Consequently, the Appeals Panel held that an element of the violation was not proven at trial and dismissed the violation.