Posts Tagged ‘Behind The Wheel’
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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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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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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I’ve often thought to myself over the years that if I ever wanted to kill someone the best way to do it would be to drive over them. I would wait until I found them stepping into a crosswalk and make sure that I hit them while I was turning onto the street they were crossing. I would then screech to a halt, return and scream “Oh no, I didn’t see them, I’m sorry!” If I planned it just right, I might get away with a traffic ticket and have my insurer pay the bills.
Of course I’m being facetious but the thought ran through my mind again this evening when I was watching the news. A road rage driver had run someone off the road and then returned and succeeded in driving over and killing one of the vehicle occupants after they had exited their vehicle and stood on the shoulder of the road. The question posed by someone close to the deceased was why hadn’t the driver been charged with homicide?
The Criminal Code of Canada says that homicide occurs when someone directly or indirectly, by any means, causes the death of a human being. Homicide is not an offence unless it is culpable, meaning that the death is caused by an unlawful act, criminal negligence, causing someone to kill themselves by threats, fear of violence or deception or wilfully frightening them, in the case of a child or sick person.
Murder is culpable homicide where the person who causes the death of a human being means to cause his death or means to cause him bodily harm that he knows is likely to cause his death, and is reckless whether death ensues or not. However, murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation.
The driver in this story was charged with criminal negligence in the operation of a motor vehicle causing death. The maximum penalty here is the same as it is for murder, life in prison. The main difference is that the minimum sentence imposed by each of these offences is different. The choice of which charges to prefer belongs to Crown Counsel after looking at all the evidence in the context of current case law and having decided on whether there is a substantial possibility of conviction.
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A reader writes to me describing an intersection where collisions occur regularly, some resulting in fatalities. He has observed that the opposing left turn lanes in one direction don’t line up directly across from each other but are offset by a few feet. The result is that through traffic in one direction is more obscured by standing vehicles than it is in the other. To complicate matters, one direction has a protected left turn signal and the other direction does not.
The reader is sure that this highway design has contributed to collisions at the intersection and he wants to do something about it. He has written to the Ministry of Transportation suggesting that the lanes be repainted so that they line up directly across from each other. The Ministry has declined to do this stating that they would rather wait for the funding to install a protected turn arrow for the other direction.
Ideally, both should be done in the reader’s view and he was seeking advice on who to contact to try and effect the changes. He suggested ICBC and I would add the local MLA and city council to the list of people to try and influence. It would not be out of the question to have a service club fund an engineering report to support the request. I expect that could be accomplished without too much expense.
Regardless of the state of this intersection, one of the major problems here is left turn drivers who insist on turning even though they cannot see well enough to insure that their turn is safe. Simply put, if you can’t see, you can’t turn.
Enter the intersection and wait, wheels pointing straight ahead. If traffic volume doesn’t allow full view, wait for the light to turn red and after all traffic has stopped complete your left turn. You have right of way over all other traffic to clear the intersection if you do this. Also, ignore drivers behind you that would like to force the issue. They can wait for the next cycle of the light and follow your example.
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Correct me if I’m wrong, but I think that most people see a traffic cop as someone who writes speeding tickets and fills out collision reports. This is a very narrow view of the job but I did not realize just how narrow it was until I participated in a project to define my job as a front line RCMP traffic constable. Who would have thought that this would take us three days?
Six experienced traffic constables from the four western provinces met at K Division Headquarters in Edmonton and were led in a functional job analysis by Dr. James McGinnis of the Research Branch of Human Resources Directorate of the RCMP. We brainstormed together, trying to list all of the different tasks that we were expected to perform and the knowledge that we required to do them.
The meeting room walls were soon covered with sheets of paper, each listing a single task description. Writing traffic tickets was part of the description, but only after skills and knowledge were applied to determine that the tickets were being written in the right place for the right reasons in order to reduce the behaviours that led to collisions. Incidentally, familiarity with all of the federal and provincial traffic related statutes was a must as well.
The task bank eventually identified 13 specific areas of ranging from communication skills for report writing, planning and court testimony to conducting a high speed pursuit safely. These were considered the minimum necessary to successfully perform the job. They did not include specialties such a collision reconstruction, commercial vehicle mechanical inspection or the instruction of others in these traffic skills.
There has always been a friendly rivalry between the general duty constables and those of us on traffic. I smiled when I read that the task bank indicated that we were expected to have their knowledge and the identified traffic enforcement knowledge as well. Back at you guys!
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