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Difference between revisions of "Motor Vehicle Law at the Roadside (13:III)"
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Motor Vehicle Law at the Roadside (13:III) (view source)
Revision as of 21:52, 6 September 2020
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Pursuant to ''Motor Vehicle Act s 79'' a peace officer may arrest without warrant any person: | Pursuant to ''Motor Vehicle Act s 79'' a peace officer may arrest without warrant any person: | ||
a) whom the officer finds driving a motor vehicle, and who the officer or constable has reasonable and probable grounds to believe was driving in contravention of ''Motor Vehicle Act'' ss 95 or 102 (driving while prohibited) (s 79(a)); or | * a) whom the officer finds driving a motor vehicle, and who the officer or constable has reasonable and probable grounds to believe was driving in contravention of ''Motor Vehicle Act'' ss 95 or 102 (driving while prohibited) (s 79(a)); or | ||
* b) whom the officer has reasonable and probable grounds to believe is not insured or who is driving without a valid and subsisting motor vehicle liability insurance card or financial responsibility card (s 79(b)); or | |||
b) whom the officer has reasonable and probable grounds to believe is not insured or who is driving without a valid and subsisting motor vehicle liability insurance card or financial responsibility card (s 79(b)); or | * c) whom the officer has reasonable and probable cause to believe has contravened ''Motor Vehicle Act'' s 68 (leaving the scene of an accident) (s 79(c)) | ||
c) whom the officer has reasonable and probable cause to believe has contravened ''Motor Vehicle Act'' s 68 (leaving the scene of an accident) (s 79(c)) | |||
and may detain the person until they can be brought before a justice. | and may detain the person until they can be brought before a justice. | ||
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Under ''Motor Vehicle Regulations'' s 25.30, where a police officer has reasonable and probable grounds to believe that a vehicle is unsafe for use on a highway, regardless of whether or not the vehicle actually meets the standards prescribed under the ''Motor Vehicle Act'', the officer may: | Under ''Motor Vehicle Regulations'' s 25.30, where a police officer has reasonable and probable grounds to believe that a vehicle is unsafe for use on a highway, regardless of whether or not the vehicle actually meets the standards prescribed under the ''Motor Vehicle Act'', the officer may: | ||
a) order the vehicle removed from the highway until repairs as ordered by the officer are completed or the peace officer revokes the order; and/or | * a) order the vehicle removed from the highway until repairs as ordered by the officer are completed or the peace officer revokes the order; and/or | ||
* b) order the surrender of the vehicle license and/or number plates. | |||
b) order the surrender of the vehicle license and/or number plates. | |||
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''. | 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''. | ||
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Section 220(4) requires that when the motor vehicle is operated, these assemblies must be properly fastened except as per s 220(5): | Section 220(4) requires that when the motor vehicle is operated, these assemblies must be properly fastened except as per s 220(5): | ||
a) when a person is driving in reverse, or | * a) when a person is driving in reverse, or | ||
b) (Repealed) | * b) (Repealed) | ||
c) in the case of a person engaged in work which requires frequent alighting and in which the maximum vehicle speed is 40 km per hour, or; | * c) in the case of a person engaged in work which requires frequent alighting and in which the maximum vehicle speed is 40 km per hour, or; | ||
d) the person is under the age of 16 | * d) the person is under the age of 16 | ||
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: [https://www.canlii.org/en/bc/bcca/doc/1987/1987canlii2453/1987canlii2453.html?autocompleteStr=r%20v%20kennedy%2C%20%5B1987%5D%20&autocompletePos=1 ''R v Kennedy'', [1987<nowiki>]</nowiki> BCJ No 2028, 18 BCLR (2d) 321 (CA)]. | 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: [https://www.canlii.org/en/bc/bcca/doc/1987/1987canlii2453/1987canlii2453.html?autocompleteStr=r%20v%20kennedy%2C%20%5B1987%5D%20&autocompletePos=1 ''R v Kennedy'', [1987<nowiki>]</nowiki> BCJ No 2028, 18 BCLR (2d) 321 (CA)]. | ||
