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

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Provincial Driving Offences (13:VI) (view source)

Revision as of 21:31, 7 August 2017

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significant updates on electronic devices
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=== 3. Road Racing ===
=== 3. Road Racing ===


Part 7 of the ''Motor Vehicle Act'' includes street racing provisions. This offence has recently become a major public issue and authorities treat it very seriously. Street racing will also be considered an aggravating factor for other offences including those in the ''Criminal Code''.
Part 9 of the ''Motor Vehicle Act'' includes street racing provisions. This offence has recently become a major public issue and authorities treat it very seriously. Street racing will also be considered an aggravating factor for other offences including those in the ''Criminal Code''.


“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:
Per ''''Motor Vehile 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:


a) outdistancing or attempting to outdistance one or more other motor vehicles;
a) outdistancing or attempting to outdistance one or more other motor vehicles;
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c) driving at excessive speed in order to arrive at or attempt to arrive at a given destination ahead of one or more other motor vehicles.
c) driving at excessive speed in order to arrive at or attempt to arrive at a given destination ahead of one or more other motor vehicles.


According to s 243, a peace officer may cause a motor vehicle to be taken to and impounded for 30 days at a place directed by the peace officer if the peace officer has reasonable and probable grounds to believe that:
According to ''Motor Vehicle Act'' s 251(1)(e), a peace officer may cause a motor vehicle to be
 
taken to and impounded at a place directed by the peace officer if the peace officer has reasonable grounds to believe that a person has driven or operated a motor vehicle on a highway in a race or in a stunt and the peace officer intends to charge the person with a motor vehicle related Criminal Code offence or an offence under section 144 (1), 146 or 148 of this Act.
a) a person has operated the motor vehicle on a highway in a race and the peace officer intends to charge the person who operated the motor vehicle with a serious offence; and;
Per ss 253(2) and 3(a), the impoundment period for s 251(1)(e) is seven days, unless the
 
owner of a motor vehicle has also had a motor vehicle impounded within the last two years
b) the person who operated the motor vehicle had, within two years before the day of the impoundment, operated a motor vehicle that was impounded under s 242 and that impoundment was not withdrawn under s 242(11).
before the present impoundment, in which case the vehicle will be impounded for thirty
days.


=== 4. Use of Electronic devices ===
=== 4. Use of Electronic devices ===


Part 3.1 of the ''Motor Vehicle Act'' outlines offences related to the use of electronic devices while driving. Section 214.1 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:
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:


* Electronic devices that include a hands-free telephone function;
* Electronic devices that include a hands-free telephone function;
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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.
“Use” of an electronic device is defined broadly. Per ''Motor Vehicle Act'' s 214.1 use means:
''(a) holding the device in a position in which it may be used;
(b) operating one or more of the device's functions;
(c) communicating orally by means of the device with another person or another device;
(d) taking another action that is set out in the regulations by means of, with or in relation to an electronic device.''
Additionally, ''Use of Electronic Deviced While Driving Regulation'' s 2 ads watching the screen of an
electronic device as use of an electronic device.


== B. Penalty Points ==
== B. Penalty Points ==
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Penalty points are imposed in accordance with the schedule set out in Division 28 of the ''Motor Vehicle Act Regulations''. It is important to note that conviction for ''Criminal Code'' offences also results in the imposition of penalty points. See [[Examples_of_Penalty_Points_and_Fines_for_Motor_Vehicle_Offences_(13:App_A) | Appendix A]] for examples of offences and their corresponding penalty points.
Penalty points are imposed in accordance with the schedule set out in Division 28 of the ''Motor Vehicle Act Regulations''. It is important to note that conviction for ''Criminal Code'' offences also results in the imposition of penalty points. See [[Examples_of_Penalty_Points_and_Fines_for_Motor_Vehicle_Offences_(13:App_A) | Appendix A]] for examples of offences and their corresponding 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.
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.


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


Drivers who have received 4 or more driver penalty points will be required to pay a premium to ICBC, even if they do not own or insure a motor vehicle. In essence, these premiums are a surcharge on violation tickets that put a driver beyond 3 penalty points. For more information, see http://www.icbc.com/driver-licensing/tickets/Pages/Driver-Penalty-Points.aspx.
Drivers who have received 4 or more driver penalty points will be required to pay a premium to ICBC, even if they do not own or insure a motor vehicle. In essence, these premiums are a surcharge on Violation Tickets that put a driver beyond 3 penalty points. For more information, see http://www.icbc.com/driver-licensing/tickets/Pages/Driver-Penalty-Points.aspx.


== C. Vicarious Liability for Provincial Motor Vehicle Offences ==
== C. Vicarious Liability for Provincial Motor Vehicle Offences ==
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== D. Limitation Period ==
== D. Limitation Period ==


An information or violation ticket in relation to a ''Motor Vehicle Act'' offence must be laid or issued within '''12 months''' from the date the alleged offence took place (''Motor Vehicle Act'' s 78).
An information or Violation Ticket in relation to a ''Motor Vehicle Act'' offence must be laid or issued within '''12 months''' from the date the alleged offence took place (''Motor Vehicle Act'' s 78).


== E. Fines ==
== E. Fines ==
LSLAP
5,230

edits

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