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Difference between revisions of "Provincial Driving Offences (13:VI)"
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Provincial Driving Offences (13:VI) (view source)
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=== 1. Speeding === | === 1. Speeding === | ||
The most common provincial offence committed in BC is speeding in violation of section 146 of the ''Motor Vehicle Act''. Generally, drivers must not exceed 50km/h in a municipality or on treaty lands, 80km/h on other highways, and must not operate a motor vehicle at a rate of speed higher than that posted on a sign. | The most common provincial offence committed in BC is speeding in violation of section 146 of the ''Motor Vehicle Act''. Generally, drivers must not exceed 50km/h in a municipality or on treaty lands, 80km/h on other highways, and must not operate a motor vehicle at a rate of speed higher than that posted on a sign. S 148.2 of the Motor Vehicle Act lists a defence to speeding: if the sign stating the speed limit was obscured or impossible to read, the accused cannot be convicted. This is an affirmative defence and the burden is on the accused to prove that the sign was obscured or impossible to read. | ||
=== 2. Careless Driving === | === 2. Careless Driving === | ||
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c) at a speed that is excessive given the road, traffic, visibility, or weather conditions. | c) at a speed that is excessive given the road, traffic, visibility, or weather conditions. | ||
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 | 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''. | ||
To convict a driver of any of these offences, the Crown must only prove inadvertent negligence: a lack of proper care or absence of thought. The standard of care is determined in relation to the circumstances and carelessness must be proved beyond a reasonable doubt: ''R v Beauchamp'', [1952] OJ No 495, (1953)106 CCC 6 (Ont CA). | To convict a driver of any of these offences, the Crown must only prove inadvertent negligence: a lack of proper care or absence of thought. The standard of care is determined in relation to the circumstances and carelessness must be proved beyond a reasonable doubt: ''R v Beauchamp'', [1952] OJ No 495, (1953)106 CCC 6 (Ont CA). | ||
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* Televisions. | * Televisions. | ||
Exceptions for hands-free use of electronic devices are permitted under s 7 of | Exceptions for hands-free use of electronic devices are permitted under s 7 of ''EDWDR''. Further exceptions for persons carrying out special powers, duties, or functions are allowed under s 5. | ||
Fines for the use of an electronic device while driving have increased significantly as of June 1st, 2016, and now stand at $368 per offence. As well, 4 penalty points are issued for a violation of this section. | Fines for the use of an electronic device while driving have increased significantly as of June 1st, 2016, and now stand at $368 per offence. As well, 4 penalty points are issued for a violation of this section. | ||
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(d) taking another action that is set out in the regulations by means of, with or in relation to an electronic device.'' | (d) taking another action that is set out in the regulations by means of, with or in relation to an electronic device.'' | ||
Additionally, '' | Additionally, ''EDWDR'' s 2 adds watching the screen of an | ||
electronic device as use of an electronic device. | electronic device as use of an electronic device. | ||
In [https://www.canlii.org/en/bc/bcpc/doc/2018/2018bcpc101/2018bcpc101.html?autocompleteStr=r%20v%20bainbridge&autocompletePos=3 ''R v Baindridge'' 2018, BCPC 101] the accused was found guilty of the offence for simply holding the device in his hand while driving. The court held that any number of functions of the accused’s phone '''could''' have been used in the position in which he held his phone. In [https://www.canlii.org/en/bc/bcsc/doc/2017/2017bcsc745/2017bcsc745.html?autocompleteStr=r%20v%20jahani&autocompletePos=1 ''R v Jahani'', 2017 BCSC 745], the accused was found guilty of the offence for plugging his phone into the cord to charge the phone. | In [https://www.canlii.org/en/bc/bcpc/doc/2018/2018bcpc101/2018bcpc101.html?autocompleteStr=r%20v%20bainbridge&autocompletePos=3 ''R v Baindridge'' 2018, BCPC 101] the accused was found guilty of the offence for simply holding the device in his hand while driving. The court held that any number of functions of the accused’s phone '''could''' have been used in the position in which he held his phone. In [https://www.canlii.org/en/bc/bcsc/doc/2017/2017bcsc745/2017bcsc745.html?autocompleteStr=r%20v%20jahani&autocompletePos=1 ''R v Jahani'', 2017 BCSC 745], the accused was found guilty of the offence for plugging his phone into the cord to charge the phone. | ||
In [https://www.canlii.org/en/bc/bcpc/doc/2018/2018bcpc183/2018bcpc183.html?autocompleteStr=r%20v%20tannhaus&autocompletePos=1 ''R v Tannhauser'', 2018 BCPC 183], the accused was acquitted of the offence because his cell was programmed with a software that immobilized the phone when a vehicle that is in motion. ** | In [https://www.canlii.org/en/bc/bcpc/doc/2018/2018bcpc183/2018bcpc183.html?autocompleteStr=r%20v%20tannhaus&autocompletePos=1 ''R v Tannhauser'', 2018 BCPC 183], the accused was acquitted of the offence because his cell was programmed with a software that immobilized the phone when a vehicle that is in motion. **This case was appealed and BCCA ordered a new trial. The judge in the BCCA trial said that even though the cell phone could not immediately be used due to the software, it was still an electronic device held in a position in which it may be used, which is illegal [http://canlii.ca/t/j7zgh ''R. v. Tannhauser'', 2020 BCCA 155]. | ||
In [https://www.canlii.org/en/bc/bcsc/doc/2019/2019bcsc360/2019bcsc360.html?autocompleteStr=r%20v%20partridge%202019%20BCS&autocompletePos=1 ''R v. Partridge'', 2019 BCSC], The accused was observed by a police officer looking downwards whilst driving and when stopped, a cell phone was found wedged between the folds of the passenger seat such that the screen was facing the driver. Accused was convicted. However, the accused was acquitted on appeal because the mere presence of a cell phone within sight of a driver is not enough to secure a conviction, leaving aside a situation where, for example, the screen is illuminated and so the driver may then be utilizing the cell phone in some fashion. | In [https://www.canlii.org/en/bc/bcsc/doc/2019/2019bcsc360/2019bcsc360.html?autocompleteStr=r%20v%20partridge%202019%20BCS&autocompletePos=1 ''R v. Partridge'', 2019 BCSC], The accused was observed by a police officer looking downwards whilst driving and when stopped, a cell phone was found wedged between the folds of the passenger seat such that the screen was facing the driver. Accused was convicted. However, the accused was acquitted on appeal because the mere presence of a cell phone within sight of a driver is not enough to secure a conviction, leaving aside a situation where, for example, the screen is illuminated and so the driver may then be utilizing the cell phone in some fashion. | ||
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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/publications/driver-improvement-policies-guidelines.pdf More information can be obtained from the Driver Improvement Program Policies and Guidelines]. | 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/publications/driver-improvement-policies-guidelines.pdf More information can be obtained from the Driver Improvement Program Policies and Guidelines]. | ||
As of December 2017, a class 5 | As of December 2017, a class 5 driver who incurs two high-risk offences (Use of Electronic Device; Excessive Speed; and/or Drive Without Due Care or Attention) in a one year period risks losing their driver’s licence up to 5 months. | ||
=== 1. ICBC Effects of Penalty Points === | === 1. ICBC Effects of Penalty Points === | ||
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== C. Vicarious Liability for Provincial Motor Vehicle Offences == | == C. Vicarious Liability for Provincial Motor Vehicle Offences == | ||
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 | 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 prove that: | ||
a) | a) they did not entrust the motor vehicle to the person in possession or exercised reasonable care and diligence when doing so (''Motor Vehicle Act'' s 83(3)); | ||
b) although the registered owner, | b) although the registered owner, they are not the actual owner (''Motor Vehicle Act'' s 83(5)(b)); or | ||
c) the person committing the offence was not the registered owner’s employee, servant, agent or worker (''Motor Vehicle Act'' s 88(3)). | c) the person committing the offence was not the registered owner’s employee, servant, agent or worker (''Motor Vehicle Act'' s 88(3)). | ||
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e) refusing to give a blood sample (s 226(1)). | e) refusing to give a blood sample (s 226(1)). | ||
Generally, where the driver of a motor vehicle has been convicted of an offence, financial liability rests on | 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. | ||
== D. Limitation Period == | == D. Limitation Period == | ||
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== E. Fines == | == E. Fines == | ||
The Violation Ticket Administration and Fines Regulation prescribes fines for ''Motor Vehicle Act'' offences. [[Examples_of_Penalty_Points_and_Fines_for_Motor_Vehicle_Offences_(13:App_A) | Appendix A]] | The Violation Ticket Administration and Fines Regulation prescribes fines for ''Motor Vehicle Act'' offences. [[Examples_of_Penalty_Points_and_Fines_for_Motor_Vehicle_Offences_(13:App_A) | Appendix A]] of this chapter provides examples of fines. | ||
{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 21, 2020}} | ||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||
