Difference between revisions of "Motor Vehicle Law at the Roadside (13:III)"

Jump to navigation Jump to search
m
Line 58: Line 58:
a) when a person is driving in reverse, or
a) when a person is driving in reverse, or


b) in the case of a person engaged in work which requires frequent alighting and in which the maximum vehicle speed is 40 km per hour.
b) (Repealed)
c) in the case of a person engaged in work which requires frequent alighting and in which
the maximum vehicle speed is 40 km per hour, or;in the case of a person engaged in
work which requires frequent alighting and in which the maximum vehicle speed is 40
km per hour.
d) the person is under the age of 16


Courts have upheld the rules enforcing mandatory seat belt use as they are held not to be an infringement of an individual’s ''Charter'' rights. The provisions are integral to the broad legislative scheme promoting highway safety and minimizing the overall human and economic cost of accidents. The alleged infringement of a person’s right to free choice is so insignificant that it cannot be considered a measurable breach of ''Charter'' rights: ''R v Kennedy'', [1987] BCJ No 2028, 18 BCLR (2d) 321 (CA).
Courts have upheld the rules enforcing mandatory seat belt use as they are held not to be an infringement of an individual’s ''Charter'' rights. The provisions are integral to the broad legislative scheme promoting highway safety and minimizing the overall human and economic cost of accidents. The alleged infringement of a person’s right to free choice is so insignificant that it cannot be considered a measurable breach of ''Charter'' rights: ''R v Kennedy'', [1987] BCJ No 2028, 18 BCLR (2d) 321 (CA).


{{LSLAP Manual Navbox|type=chapters8-14}}
{{LSLAP Manual Navbox|type=chapters8-14}}