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

Motor Vehicle Law at the Roadside (13:III) (view source)

4 bytes removed , 21:56, 15 September 2022

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 Section 220(4) requires that when the motor vehicle is operated, these assemblies must be properly fastened except as per s 220(5):
-* a) when a person is driving in reverse, or
+:a) when a person is driving in reverse, or
-* b) (Repealed)
+:b) (Repealed)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;
+: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;
-* d) the person is under the age of 16
+: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: [https://www.canlii.org/en/bc/bcca/doc/1987/1987canlii2453/1987canlii2453.html?autocompleteStr=r%20v%20kennedy%2C%20%5B1987%5D%20&autocompletePos=1 ''R v Kennedy'', [1987<nowiki>]</nowiki> BCJ No 2028, 18 BCLR (2d) 321 (CA)].