Provincial Driving Offences (13:VI): Difference between revisions
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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. 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. | 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. | ||
Per section 146.1 of the ''Motor Vehicle Act'', some vehicles, including but not limited to heavy commercial vehicles, the driver’s obedience of speed limits is insufficient, and the vehicle must be equipped with a speed limiter. A speed limiter means a system that prevents a motor vehicle from accelerating to or maintaining a certain speed. Section 146.2 allows police officers to stop and inspect vehicles without warrant in order to ensure speed limiters are installed. | |||
=== 2. Careless Driving === | === 2. Careless Driving === | ||
