Posts Tagged ‘Behind The Wheel’
Could you please explain a 24-hour suspension of driving privileges? What exactly does this mean?
A 24 hour driving prohibition is used when a police officer believes that a person is the driver of or has care and control of a motor vehicle on a highway or industrial road and their ability is impaired by alcohol or a drug. It allows the temporary removal of a significant hazard on our highways and gives the driver time to sober before getting behind the wheel again. To initiate this prohibition the officer will direct the driver off of the road, serve a notice of prohibition and demand the surrender of that person’s driver’s license.
Typically, the prohibition will be the result of a “warn” or “fail” reading after the officer uses an Approved Screening Device (ASD) to test the driver for alcohol. This would mean that the driver has a Blood Alcohol Concentration (BAC) of 50 mg% or greater. However, use of an ASD is not necessary for an alcohol related prohibition nor possible to use to test for drugs other than alcohol. Reasonable and probable grounds that the driver is impaired by alcohol or a drug are enough for the officer to make the decision to prohibit.
If reasonable and probable grounds alone are used, the driver can demand a breath test in the case of alcohol use or satisfy the officer that they are not impaired by a drug, typically by a blood test, the officer must terminate the prohibition. Demanding a breath test to show that you are under the 50 mg% level could be risky. If you blow over 80 mg% you are subject to a 90 day Administrative Driving Prohibition in addition, and you supply the officer with grounds to proceed with an impaired driving investigation.
Finally, drivers who are served with a 24 hour prohibition will almost certainly have their vehicle impounded for the 24 hours. The towing and storage fees are the responsibility of the driver or vehicle owner and must be paid to get the vehicle out of impound.
Would the Superintendent of Motor Vehicles consider your driving record as a good one or a bad one? This may determine a more lengthy period of prohibition if you collect multiple 24 hour prohibitions over a two year period. Bad drivers may face action after two prohibitions and any other driver after three.
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“Professional Courtesy” is common to the medical profession where queue jumping is effected for medical appointments, etc., for medical professionals. Please comment on an equivalent courtesy which may be offered by law enforcement agencies for non criminal offences such as speeding or minor traffic infractions of firemen, armed forces personnel and others. Would you recommend that the many who feel entitled to speed should get one of those “Fireman” license frames?
It happens. To say anything else would be to deny reality. Does it happen as often and for as many things as the public may think? Probably not. Can it be stopped? No. Should it be stopped? No again. Why not?
One might think that traffic law enforcement is black and white. You break the rule, you receive a ticket. If that were the case, we would all deserve a ticket within a very short while. Thankfully, our legal system allows an officer to exercise discretion to charge or not to charge and to participate in diversion or an alternative resolution system to deal with offenders.
If the public expected every traffic violation by an officer to be dealt with by ticket, then they could only expect to have the same treatment applied to them. I think that most people would find this solution unpalatable and are, for the most part, happy with the system the way it is now.
However, as with anything else, it is a matter of degree. While I had no problem shaking my finger at a fellow officer for a few km/h above the posted limit and sending them on their way I would never have considered ignoring an impaired driver or being less than impartial in the investigation of a collision. Yes, I have issued a ticket to someone I knew was a police officer, fireman, paramedic, doctor, judge or politician. I have also failed to ticket those who couldn’t afford it, didn’t understand or chose to take driver training in exchange.
The yardstick I used was whether I could live with the decision I made if it were held up to public scrutiny and I honestly believe that the dedicated people I worked with during my career behaved in the same manner.
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One of the great things about writing this column is that there is no end of inspiration when I travel on our highways. Today was no different with the first rains of autumn falling and few, if any, drivers around me making any changes in their travel speeds. Welcome to the start of hydroplaning season!
I’m sure that you are aware that hydroplaning occurs when your tires ride on top of the water on the roadway. When this happens, you no longer have steering or braking control and will continue in the direction you are moving in until the hydroplaning ends or something bad happens. Lifting your foot off of the accelerator and waiting to regain traction prior to braking or steering is the appropriate action to take.
The possibility of hydroplaning depends mainly on four things, tire tread depth, tire inflation, speed and the depth of the water on the roadway. You have total control over the first three and can estimate the threat of the fourth. Watch the traffic in front of you. If their tire tracks fill in quickly you know that there is a lot of water on the road and it’s time to slow down.
Another threat that you may not be aware of is water standing on or flowing across the roadway. If your front tires don’t strike the water at the same time or if the depth is uneven, unbalanced forces will occur. If one side of your vehicle is suddenly slowed by the contact, the tires on the other side may lose sufficient traction to cause a significant change in direction and loss of control. Higher speeds here could be deadly.
Slush on the roadway is even more dangerous than water. Known as viscous hydroplaning, this can occur at speeds lower than hydroplaning on liquid water alone.
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I bicycle to work with proper lighting and reflective gear. My safety concern is oncoming traffic with their high beams on, especially when it rains, because those oncoming high beams are like a welding arc or camera flash. Can you please recommend a simple, yet cost effective solution? Glasses don’t help as they dull ones night sight. How can I alert traffic to lower their beams?
The Motor Vehicle Act says that the operator of a cycle has the same rights and duties as the operator of a motor vehicle. However, the right to have the headlights of approaching or overtaking vehicles dimmed within 150 meters only applies to another vehicle, not a cycle. Concerned drivers may choose to dim their headlights out of courtesy if they wish to.
This reader is correct when he observes that wearing sunglasses at night is not the solution. This would severely limit your ability to see in unlit areas of the highway or in the shadows between street lighting. Yellow tinted lenses are not the answer either according to the Canadian Ophthalmological Society. The contact I corresponded with recommended only clear lenses for night driving.
Cyclists are able to use the same strategy as drivers caught in this situation, slow down and watch the road to your right instead of looking at the oncoming headlights. You may also be able to ride on a side road that does not have as much traffic to limit your exposure to any dazzle. These are not ideal solutions but are better than doing nothing at all.
If you are having trouble seeing, remember that motorists may be in the same situation. Insure that you have good quality lights and reflectors on your bicycle and use them. Not only do they help you to see at night, they help other traffic see you.
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Judging by the result, it may be a significant event in many driver’s lives to be pulled over by the police. I’ve seen everything from jamming on the brakes and stopping in the middle of the lane to following oblivious drivers for many kilometers before they caught sight of my emergency lights. The tendency was closer to the former rather than the latter, although some drivers made it quite plain that my choice of a place to stop them was not a good one.
In most cases, I would turn on my emergency lights and catch up to the vehicle that I wanted to stop. I would then follow along behind until the driver noticed me and pulled over. If the spot they chose was not a good one, I would ask that they move to a safer location and finish the contact with them there. The choice of where to stop was really theirs because I was signalling them to stop. The law requires that they immediately come to a safe stop and the safe stop qualifier allows some leeway in the driver choosing to find an appropriate place to pull over depending on the circumstances.
If it was really important that the driver stop regardless, I would turn on my emergency lights and siren. The additional use of the siren removes the driver’s discretion in choosing to do anything more than immediately moving to the nearest edge of the roadway clear of an intersection and coming to a full stop. Where we ended up was entirely my responsibility to deal with.
The presence of an emergency vehicle should not come as a surprise to any driver unless their ability to see is limited by the character of the highway. Being aware of traffic other than that directly in front of you allows a defensive driver to act in anticipation rather than react in panic or not act at all. It would probably also have reduced the complaints about me having picked a lousy place to stop someone as well.
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I walked part of the way to work this morning and found myself facing a young woman across a busy intersection while we waited for the traffic signal to change. She was facing me but keeping an eye on the van waiting beside her at the red light signalling a right turn. As I watched the situation unfold I was impressed with this woman’s street smarts.
When the light changed to green for the van and to walk for her, she stood her ground instead of stepping into the crosswalk. It’s a good thing because the van driver had one hand on the steering wheel, one hand on his cell phone and likely both eyes on the traffic light. She may as well have been invisible.
As soon as the light changed the driver accelerated and turned right without even bothering to shoulder check. Even that should not have mattered had he scanned his environment and considered his situation while he waited. He would have realized that he needed to wait for the pedestrian to cross before he made his turn.
Unlike crosswalks that are not controlled by traffic signals there is no need for the pedestrian to step into the crosswalk before traffic is required to yield. When the walk light comes on, vehicular traffic is required to yield to pedestrians who will use the crosswalk as they have the right of way.
We shook our heads as we passed by each other and she rolled her eyes when I asked what had happened to the requirement to yield to pedestrians. My second thought is that this van was boldly marked with the name of the business it was associated with. This is the kind of advertising that a business would not want!
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Are you going green? Is a motor assisted cycle something that you are considering the purchase of to help you get around? Adding an electric motor to a bicycle to help out with the chore of pedalling uphill or giving a boost to your efforts on level ground sure sounds good!
A motor assisted cycle is described in B.C.’s Motor Assisted Cycle Regulation. Among other requirements:
- It may have an electric motor of 500 watts or less
- It must not travel faster than 32 km/h on level ground when propelled by the motor alone
- It must be switched on or off by the rider or controlled by a switch that will not let the motor start until a speed of 3 km/h has been attained by pedalling
- The motor must disengage when the rider quits pedalling, applies the brake or releases the accelerator
- It must have pedals to allow the rider to move it by muscular power
Anyone 16 years of age or older may operate a motor assisted cycle in the same manner as a bicycle. No driver’s license, vehicle license or insurance is required, but a bicycle helmet is mandatory.
If the motor assisted cycle does not meet the requirements of the regulation such as a larger motor, modifications made to remove the pedals or change the way in which the motor operates it becomes a motorcycle in the eyes of the Motor Vehicle Act. This means the rider needs a motorcycle helmet, driver’s license, vehicle license and insurance.
Still interested? When you are shopping for your new motor assisted cycle, look for a permanently attached label that identifies the machine as a “power assisted bicycle” and meets all the requirements under section 2(1) of the Canadian Motor Vehicle Safety Regulations. Enjoy your ride!
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When I worked on the Municipal Traffic Section in Penticton about 15 years ago I watched a young man on a motorcycle ahead of me in traffic on the summertime busy main street. He was first in line at a red light and when it turned green he cranked on the throttle and roared off down the street balanced on the rear wheel with the front one about three feet off the ground. I chased him down and ticketed him for his actions.
We were in court a few months down the road at his trial over that ticket. I gave evidence about all the circumstances and expected no difficulty with a conviction. “What’s wrong with doing that” asked the presiding judge after giving his not guilty decision, “the Shriners do it all the time in parades.”
A parade is far different than summer traffic conditions in a vacation city, but it was far too late to change his mind at that point.
Fast forward to last September in Ontario and the implementation of Bill 203, the Safer Roads for a Safer Ontario Act. This type of behaviour will result in a fine of between $2000 and $10,000, immediate 7 day driver’s licence prohibition and 7 day vehicle impoundment. This legislation was recently cited as the major factor in a significant drop in fatal collisions on Ontario highways because of vigorous application by the police.
The new legislation deals with actions such as the one I described, racing, speed more than 50 km/h over the posted limit, doing a burnout, driving with people not properly seated in seats, very close tailgating and more. In short, driving behaviours that are not something a reasonable and prudent driver would do that put themselves and others at risk.
In contrast, the section I had used was 144(1)(a), driving without due care and attention, which is the only applicable general section of the Motor Vehicle Act aside from driving without reasonable consideration for others using the highway. Since then, I have been cautioned by members of the judiciary that these two sections are difficult to apply to a situation such as this one. Had something similar to the Ontario legislation been available for me to use, the outcome of the trial might have been much different.
Perhaps British Columbia should consider making Ontario’s legislation an amendment to our Motor Vehicle Act. The penalty is harsh if you misbehave but if it would result in a significant reduction in fatalities on our highways the pain suffered by offenders would be preferable the pain suffered by next of kin.
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“Cash for Scrap Vehicles” reads the slogan spray painted on the side of a brightly coloured rust bucket parked precariously on the bank between a fence and the side street. It is visible from the main highway as you drive by and if you look carefully at it you can also see the telephone number to call to take advantage of the service. Whoever came up with the idea no doubt thought that it was a good one as this vehicle is certainly eye catching, or is it an eyesore? I suppose that would depend on your point of view.
The Motor Vehicle Act says that one must not stop, stand or park a vehicle on a highway for the principal purpose of displaying a vehicle for sale, advertising, greasing, painting, wrecking, storing or repairing a vehicle (unless repairs are necessitated by an emergency), displaying signs, or selling flowers, fruit, vegetables, sea foods or other commodities or articles. The Minister of Transportation may choose to exempt people from these and other prohibitions in provincial legislation under the authority of the Transportation Act. This means applying for and receiving a permit from the provincial government before proceeding.
This vehicle was on the highway right of way between the property line of the adjacent home and the pavement. Since it was unattended, the police may remove the vehicle and have it taken to and stored at a suitable location, more commonly known as a towing compound. Costs incurred to do this are the responsibility of the owner of the vehicle.
While this situation is an odd one, parking vehicles at the side of the highway with for sale signs displayed is a common occurrence. One of my supervisors would spot one on his way to work and detail the first constable he found to see that it was removed. We would generally call the telephone number on the for sale sign if it was not a repeat offender and advise the person that answered to remove the vehicle. Repeat offenders and those who did not heed the call were towed.
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Last week I received an e-mail from a young lady who was a student at a university in eastern Canada. She was involved in a traffic safety program on the campus that aimed to make it more pedestrian and bicycle friendly. She said that they had posted a number of new signs and painted some crosswalks but the drivers largely ignored them and drove the way they always did, which wasn’t courteous to other types of road users. Would I please point her to some research or advice on how to have drivers conform to safe driving practices?
My first thoughts were that had I known about a truly effective method of accomplishing this I would have used it and that method would have become popular everywhere. Collisions, injury and death would be avoided and everyone would be a courteous, defensive driver. Instead what I see is a collection of efforts by many agencies, government and non-government, that have some influence over drivers that want to be safe.
I say want to be safe because we are all human. Some of us want to be safe as much as possible, some as much as it is convenient and some who just don’t care about anyone else at all. Is it safe to say that we all bend the rules to some extent when it suits our purposes?
So, how do we convince drivers to want to be safe all the time? I think it must involve enforcement because there has to be a penalty for those who will not choose to do so on their own. There must be education because although we would all like to think that we are better than average drivers it is a fact that many of us have only a basic grasp of traffic rules and defensive driving practices. Finally, there must be engineering because there are things we have not done correctly or have learned to do more effectively with regard to the construction of the traffic environment.
What ideas would you pass on to this woman if you were able to? Instead of just being a driver, be the person in charge of drivers and highways. Respond to this story with your comments by clicking add new comment at the end of the story link below and join in. Who knows? Your idea might be the one that solves the problem!
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