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Taxi drivers in British Columbia are exempt from wearing their seatbelts if they are travelling at less than 70 km/h. I have never understood why this exemption was necessary, particularly in light of the fact that doing so actually endangers their passengers. No one in a vehicle that I drive is exempt from wearing their seatbelt and I have been able to convince my taxi driver to follow suit.
My collision reconstruction experience made me well aware of what happens to people who fail to wear their seatbelts and are involved in a motor vehicle collision. I have seen front seats torn out of the floor by unbelted rear seat passengers as they faithfully followed Newton’s first law of motion during a crash. These “backseat bullets” very likely contributed to the death of the passenger in the front seat in one case I investigated.
Similarly, during collisions that are not head on, unbelted vehicle occupants in any seating position become heavy projectiles capable of doing significant damage to themselves and others.
During collisions seat belts keep the driver behind the wheel and more likely to be in control of the vehicle post crash. They may still be able to steer and brake, perhaps keeping you out of a second crash in the oncoming lane or with roadside objects or other road users.
When I entered the cab, I simply told the driver that I would appreciate it if he wore his seatbelt. His response was that he was exempt and he made no move to put it on as he pulled away from the curb. My next step was to ask him politely to pull over and let me out. I would find a cab driver willing to wear his seatbelt while he drove me to my destination. My driver was not happy, but put on his seatbelt. I felt safer for both of us.
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Emergency workers are very happy with BC’s new slow down, move over law that came into effect June 1, 2009. When they are stopped at the side of the highway and displaying flashing lights, red, blue or yellow, approaching traffic is required to slow down and move over. This will provide a safe workspace for the emergency workers and hopefully also for those who are driving past.
The slow down half of the law requires overtaking motorists to slow to 70 km/h on highways posted at 80 km/h and higher and to 40 km/h in all other speed zones. My guess is that when this speed is enforced, very little, if any, wiggle room will be allowed. If you choose not to slow down to at least match the limit if not a bit less, you choose to risk a ticket.
The move over portion requires that if it is safe to do so, you will move into the unoccupied adjacent lanes. This could mean the adjacent lane in the same direction if there are multiple lanes, or the oncoming lane if there are not. Remember, if you have to use the oncoming lane, you have no lawful excuse to encroach on it when there is oncoming traffic.
Will the law increase safety? Only if drivers think and then act before they approach closely. Many times in the past I have watched vehicles overtake my stationary police car at or over the speed limit a foot from my door instead of slowing down and moving into the empty lane.
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There is probably nowhere that the unofficial rules of the road are “enforced” by other drivers like that of the lane closure line up. You know, the long line up of traffic that forms on one side of the highway after drivers pass the lane closed ahead advisory signs. Drive by in the empty lane and I’ve seen people open their doors or swerve partially into that lane to let other drivers know that they are supposed to be in the line up, not using the capacity in the empty lane to get ahead.
The trouble is, this is not the best way to behave when traffic approaching the lane closure is heavier than what can be accommodated by a single lane. What everyone should do is be aware that the lane ends ahead, continue with caution using both lanes, and at the end merge like the teeth in a zipper before proceeding through the zone single file. This will move 15% more traffic than the situation where everyone moves over and lines up when they start to see the signs. If we’re lucky, this method will only slow us down, but not cause us to wait in a line that is virtually stopped.
If traffic is light and no line has formed, merging early is perfectly acceptable. Due to the lower volume, a backup will not form to cause delay.
These practices are acceptable because the black on orange signs used in these situations are advisory. A driver can choose to take the advice (or not) as their experience, traffic and road conditions would dictate in the circumstances.
Flag persons, cones, barricades and the like are traffic control devices that must be obeyed. Once you reach them at the point where the lane is closed, it becomes an offence to fail to follow their requirements. Now you must move over as indicated, but not before.
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I recently overheard a conversation between young people where they discussed the daily use of marihuana - on their way to and from school and in their cars. They said it did not affect their ability to drive and that it went undetected by parents, teachers, employers and the police. Could you please discuss what methods are available, if they are being utilized to identify drivers under the influence of marihuana and how effective it is.
I did not receive Drug Recognition Expert (DRE) training during my traffic enforcement service, but I was able to work alongside others who had been trained and learned enough to be confident of my decisions when I issued 24 hour prohibitions for the use of marihuana.
A driver under the influence of marihuana is more difficult to detect than most other illegal drugs, but it does produce the following symptoms: blood shot eyes, accelerated heart rate (tachycardia), muscle tremors and forgetfulness. Marihuana impairments include: difficulties with judgement, depth perception and the ability to maintain attention. All of these skills are necessary for the safe operation of a motor vehicle.
How effective are Drug Recognition Experts? A driver may be convicted of driving while impaired by a drug based on driving or care and control evidence and the impairment evidence given at trial by the DRE. Recent amendments to the Criminal Code have significantly expanded the use of the DRE by making it a requirement for a suspected impaired driver to submit to an exam rather than voluntarily participate.
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“I want to see the radar reading!” This was always a signal to me that the traffic stop was going to be a difficult one. The demand for a print out of the radar reading was a similar request. Depending on the tone of voice, it was often simpler to refuse outright and explain later on in traffic court, letting the justice be the referee.
In British Columbia, the police are not required to show radar or laser readings to the alleged offender. Further, I have never used a radar or laser that created any sort of printout to hand to the person receiving the ticket.
Failing to do either one will not make any difference to the case in traffic court.
When the request was a polite one, I would show the readout of the device and explain it. Often I would also detail how the unit was tested for accuracy and then do the tests on the spot. In the case of a tripod mounted laser I would occasionally allow the driver an opportunity to use it themselves. This probably reduced the chance of a dispute because the person understood how their vehicle’s speed had been measured.
It always seemed that I either had not locked in a violator speed or had locked in a following vehicle’s speed when the tone was belligerent. No amount of explanation would satisfy the person that I couldn’t recall their speed after they had passed by and I had measured the vehicle behind them. The sight of a blank display virtually guaranteed a dispute. Rather than suffer prolonged verbal abuse, I would refuse and wait for court.
For evidence to the contrary, your own speedometer will be the source of the reading that is important to your defence. Testing to make sure that your speedometer is accurate immediately following the receipt of a speeding ticket will reinforce the importance of that reading. It will also help you determine the accuracy of the officer’s measurement.
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Using proper caution at railway crossings is something that all drivers must remember, because the train will not stop for you. It is easy to forget if you use a crossing regularly but don’t often meet a train. The following information may help you avoid “running into” a train.
Where do you stop? Your vehicle must be stopped within 15 metres, and no less than 5 metres from the nearest rail.
When do you stop? You must stop if an electrical or mechanical signal, or a flagman is giving warning. You must also stop if a crossing gate is being lowered, or if a train is within 500 metres, or is travelling at such a speed that it is an immediate hazard. Of course, you must obey a stop sign posted at the crossing.
It is an offence to pass a barrier at a railway crossing when it is closed, or if it is being closed or opened. It is also an offence to approach a railway crossing without using caution.
Drivers of vehicles carrying poisons, explosives or flammables, and drivers of buses or school buses carrying passengers must stop at all uncontrolled railway crossings, even if a train is not approaching. The driver must look both ways and listen for an approaching train. If it is safe to proceed, the driver must cross the tracks without shifting gears, and must not stop over the tracks.
Finally, beware of crossings where there is more than one set of tracks. If a train appears to be stopped at the crossing remember it could be waiting for another train to pass on the other set of tracks. If you drive across the tracks without checking the second crossing you could be struck by the other train.
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The large diamond shaped sign shows a black arrow on a yellow background telling drivers of a curve ahead. Underneath it is a smaller square sign with black lettering on a yellow background showing a speed of 30 km/h. This sign and others similar to it are classed as advisory signs by the Motor Vehicle Act Regulations.
The signs are advance notice of conditions on or adjacent to a highway that are potentially hazardous to traffic. A driver may choose whether or not to follow the suggestion given by the sign. Ignoring the advice is not an offence in itself, but anything that happens because the signs are not given consideration may be an offence.
Advisory signs generally have black figures on a yellow background.
The example of the curve was chosen to illustrate a point. We have often seen these signs and then travelled around the curve comfortably at speeds higher than that suggested. In those cases the shape of the curve and the road condition could accommodate the vehicle travelling at the higher speed.
So why was the speed warning there? Often it is because the driver’s line of sight is restricted. This would prevent the driver from seeing and reacting to a hazard in or just beyond the corner unless the speed was at or less than that suggested. Heavy trucks may also be required to slow for the corner to prevent tipping over.
Many considerations must be made in order to drive safely. As you can see, some are not immediately evident.
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If a person is not satisfied with the response of the local police to a driving complaint, what is the next step? I know for a fact my wife and I had the offending vehicle, driver’s description and B.C. license number correct. After reporting this incident I received a call from a constable telling me that the plate number I gave them was registered to a Hyundai and not the Pontiac I reported. They told me there was nothing else they could do.
I can respond to this reader’s question from both sides of the fence as I have been both an investigator and a dissatisfied complainant with regard to a driving complaint.
As an investigator, I can say that having the license plate number reported identify a different vehicle than the type complained about happens fairly regularly. Most often it is a mistake in reading the plate which can be very difficult now that some B.C. license plates are designed for decoration rather than legibility. Occasionally it is a stolen plate or one that has recently been transferred. In all of these cases, a telephone call or a visit to the registered owner can clear up any discrepancy.
The information gained from the follow up investigation can either confirm that it is the wrong plate number or that the right plate and the wrong vehicle description. With the former, there is nothing further to be done and with the latter appropriate action may be taken.
As a complainant, I reported a vehicle that had passed me and a small group of vehicles following me over a double solid line with oncoming traffic in the opposite lane. The investigator told me that since I only had the plate number and could not identify the driver there was nothing that could be done. I knew better and explained why. This put a different face on the investigation and it proceeded to a charge against the offending driver.
I honestly believe that the scenario I describe where I was the dissatisfied complainant is the exception rather than the rule. In my case, I was able to satisfy my curiosity by giving the file number to the detachment operations officer and asking that he tell me what happened with my complaint. If I wasn’t satisfied I was prepared to request a copy of my complaint file through access to information and take it up with the appropriate public complaint office.
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“If this is illegal, how come they are selling it at the store?” This question is common in response to corrective action taken after inspecting an illegally equipped vehicle at the roadside. In some cases the question is asked in an attempt to deflect responsibility, and in others it is asked out of genuine good faith.
About two thirds of a page was devoted to vehicle dress up items in the sale flyer of one of our local automotive businesses last week. A number of items shown are not legal to install or use on vehicles operated on B.C. highways. Nowhere in the advertising was any indication that these items were for off road use only or that the purchaser should check the law before making the purchase.
Section 222 of the Motor Vehicle Act is meant to provide some protection for the consumer. It is an offence for the business to sell or offer to sell equipment for a motor vehicle or trailer that is contrary to the law. By doing so, the business opens itself up to the possibility of charges and to civil liability should the equipment cause a problem.
Whenever I hear the question asked at the start of this column, I always suggest to the person that they go back to the business with a copy of this section. They may try to return the item and demand that their money be returned to them. If they were truly ignorant of the legality of the equipment, they may also consider civil action against the vendor to recover damages.
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Have you ever wanted to drive your special purpose utility vehicle on the highway but were prevented because it could not be licensed and insured? Effective February 1, 2009 Division 24 of the Motor Vehicle Act Regulations was amended to broaden the type or utility vehicle and their areas of operation. While in most cases you won’t be taking your golf cart downtown for groceries, you will be able to use certain utility vehicles which sometimes require road use, incidental to their off road work.
Once properly licensed, you will be able to use a wider range of utility vehicles for incidental use in and around work sites and in designated areas, for example: private property, parking lots, campgrounds, golf courses. That is in addition to pre-existing uses of crossing a road or travelling in a ditch or on a grass boulevard with an ATV.
Operation permits from police will not be required where the utility vehicle is operated in routine, low-speed settings such as private property, parking lots, universities, colleges and other designated areas; for public works use of utility vehicles on roads that have a speed limit of less than 50 km/h; and, when law enforcement uses a utility vehicle for a law enforcement purpose. The police issued operation permit will continue to be required for use situations that have higher risk and are not listed in these examples.
The use of golf carts and snowmobiles regulated by this division in the past has not changed, but miniature vehicles such as pocket bikes, go karts and toy scooters are now specifically prohibited from on road operation unless they are being used as part of a parade.
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Beyond Media, Inc.
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