Difference between revisions of "Provincial Driving Offences (13:VI)"

{{LSLAP Manual TOC|expanded = motor}}

Under s 144(1) of the ''Motor Vehicle Act'', it is an offence to drive:

A person who commits an offence under (a) or (b) is liable on conviction to a fine of not less than $100 (s 144(2)) and six points added to their driving record. Subject to the minimum fine, s 4 of the ''Offence Act'' states that a fine must be less than $2,000. A person who commits an offence under (c) is liable on conviction to a fine of $173 and three penalty points as per the VTAFR and ''Motor Vehicle Act Regulations''.

Part 9 of the ''Motor Vehicle Act'' includes street racing provisions. Street racing has become a major public issue and authorities treat it very seriously. Per ''Motor Vehicle Act'' s 250, “Race” includes circumstances in which, taking into account the condition of the road, traffic, visibility, and weather, the operator of a motor vehicle is operating the motor vehicle without reasonable consideration for other persons using the highway or in a manner that may cause harm to an individual, by doing any of the following:

According to ''Motor Vehicle Act'' s 251(1)(e), a peace officer may cause a motor vehicle to be

days.

Part 3.1 of the ''Motor Vehicle Act'' outlines offences related to the use of electronic devices while driving. Section 214.2 defines an “electronic device” as (a) a hand-held cellular phone, (b) a hand-held device capable of receiving email or text messages, or (c) any prescribed class or type of electronic device. Prescribed electronic devices are further defined in s 3 of the ''Use of Electronic Devices While Driving Regulation'', BC Reg 308/2009 [EDWDR] as any of the following:

“Use” of an electronic device is defined broadly. Per ''Motor Vehicle Act'' s 214.1 use means:

Additionally, ''EDWDR'' s 2 adds watching the screen of an

In [https://www.bccourts.ca/jdb-txt/sc/21/00/2021BCSC0013.htm ''R v. Bleau'', 2021 BCSC 13], the accused received a ticket while listening to a podcast through his vehicle’s sound system. Bleau’s phone was connected by Bluetooth and loosely placed in the cup holder of the centre compartment. The phone was not securely affixed to the vehicle, but Bleau did not touch or otherwise interact with the device. In this decision, the Court acquitted Bleau of his conviction. It was decided that passively listening to a podcast on an unmounted device, did not constitute “use” per section 214.1.

== B. Penalty Points ==

The number of penalty points will be taken into account under ''Motor Vehicle Act'' s 93 when the Superintendent suspends a license. '''The Superintendent may suspend the license of a class 5 driver who accumulates 15 or more points in any two year period.''' For a class 7 driver, or novice driver, the Superintendent may suspend the licence for receiving single a 3 point Violation Ticket. [https://www2.gov.bc.ca/assets/gov/driving-and-transportation/driving/roadsafetybc/high-risk/street-racing/driver-improvement-policies-guidelines.pdf More information can be obtained from the Driver Improvement Program Policies and Guidelines].

=== 1. ICBC Effects of Penalty Points ===

Pursuant to ''Motor Vehicle Act'' ss 83 and 88, the owner of a motor vehicle is liable for any violation of the ''Motor Vehicle Act'' or ''Motor Vehicle Act Regulations'' unless they can prove that:

Under ''Motor Vehicle Act'' s 83(4), if an owner is liable for an offence committed by the driver, a fine of not more than $2,000 may be imposed in place of the fine or term of imprisonment specified in the enactment.

Under s 83(7), no owner is liable if the driver was convicted under the ''Motor Vehicle Act'' for:

Generally, where the driver of a motor vehicle has been convicted of an offence, financial liability rests on them and further relief cannot be sought against the owner of the vehicle.