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

In summary, your right to silence continues to operate when you are stopped in a vehicle by the police. If the response to you (politely) asking whether you are free to go is anything other than an unqualified “yes”, you should assume you are being detained, and may wish to exercise your right to remain silent so as to avoid making statements that may incriminate you. '''Any admissions that you make at the roadside can be, and most likely will be, used against you in court.''' Remember that police officers are collecting evidence at the roadside. If you are arrested, you should ask to speak to a lawyer as soon as possible, and avoid making any statements until you have had an opportunity to speak to a lawyer.

The general rule is that a “person must not drive or operate a motor vehicle or trailer on a highway or rent a motor vehicle or trailer unless it is equipped in all respects in compliance with this Act and of the regulations” (''Motor Vehicle Act'' s 219(1)). Section 219(2) permits a peace officer to require the inspection of a registered owner’s motor vehicle and motor vehicles at a rental firm.

Seat belt issues, discussed below, are the most common source of equipment standards issues, but for a complete list of required standards, please consult the ''Motor Vehicle Act'' and ''Regulations''.

Section 220 of the ''Motor Vehicle Act'' requires that any motor vehicle manufactured after December 1, 1963 must be equipped with at least two front seat belt assemblies before it is sold or operated.

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).