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

Revision as of 22:41, 15 February 2017

A. Common Offences

1. Speeding

The most common provincial offence committed in BC is speeding in violation of section 146 of the Motor Vehicle Act. Generally, drivers must not exceed 50km/h in a municipality or on treaty lands, 80km/h on other highways, and must not operate a motor vehicle at a rate of speed higher than that posted on a sign.

2. Careless Driving

Under s 144(1) of the Motor Vehicle Act, it is an offence to drive:

a) without due care and attention;

b) without reasonable consideration for other persons using the highway; or

c) at a speed that is excessive given the road, traffic, visibility, or weather conditions.

A person who commits an offence under (a) or (b) is liable on conviction to a fine of not less than $100 (s 144(2)) and six points added to his or her driving record. Subject to the minimum fine, s 4 of the Offence Act states that a fine must be less than $2,000. A person who commits an offence under (c) is liable on conviction to a fine of $173 and three penalty points as per the VTAFR and Motor Vehicle Act Regulations.

To convict a driver of any of these offences, the Crown must only prove inadvertent negligence: a lack of proper care or absence of thought. The standard of care is determined in relation to the circumstances and carelessness must be proved beyond a reasonable doubt: R v Beauchamp, [1952] OJ No 495, (1953)106 CCC 6 (Ont CA).

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.

“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;

b) preventing or attempting to prevent one or more other motor vehicles from passing; or

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:

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;

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).

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:

Electronic devices that include a hands-free telephone function;
Global positioning systems;
Hand-held electronic devices, one of the purposes of which is to process or compute data;
Hand-held audio players;
Hand microphones; or
Televisions.

Exceptions for hands-free use of electronic devices are permitted under s 7 of the EDWDR. Further exceptions for persons carrying out special powers, duties, or functions are allowed under s 5.

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.

B. 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 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.

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.

C. Vicarious Liability for Provincial Motor Vehicle Offences

Pursuant to Motor Vehicle Act ss 83 and 88, the owner of a motor vehicle is liable for any violation of the Motor Vehicle Act or Motor Vehicle Act Regulations unless he or she can prove that:

a) he or she did not entrust the motor vehicle to the person in possession or exercised reasonable care and diligence when doing so (Motor Vehicle Act s 83(3));

b) although the registered owner, he or she is not the actual owner (Motor Vehicle Act s 83(5)(b)); or

c) the person committing the offence was not the registered owner’s employee, servant, agent or worker (Motor Vehicle Act s 88(3)).

Under Motor Vehicle Act s 83(4), if an owner is liable for an offence committed by the driver, a fine of not more than $2,000 may be imposed in place of the fine or term of imprisonment specified in the enactment.

Under s 83(7), no owner is liable if the driver was convicted under the Motor Vehicle Act for:

a) driving without a license or without the appropriate class of license (s 24(1));

b) driving while prohibited by order of peace officer or Superintendent (s 95);

c) driving while prohibited by operation of law (s 102);

d) impaired driving (s 224); or

e) refusing to give a blood sample (s 226(1)).

Generally, where the driver of a motor vehicle has been convicted of an offence, financial liability rests on him and further relief cannot be sought against the owner of the vehicle.

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).

E. Fines

The Violation Ticket Administration and Fines Regulation prescribes fines for Motor Vehicle Act offences. Appendix A to this chapter provides examples of fines.

@@ Line 1: / Line 1: @@
 {{LSLAP Manual TOC|expanded = motor}}
-== A. Stopping for a Peace Officer ==
+== A. Common Offences ==
-It is an offence for a person driving or in charge of a motor vehicle on a highway to refuse or fail to stop when signalled or asked by a uniformed peace officer (MVA s 73(1)). If asked, the driver must:
+=== 1. Speeding ===
-*a) provide his or her name and address as well as the name and address of the owner of the vehicle (MVA s 73(2));
-*b) produce or exhibit the motor vehicle license plate (MVA s 71); and
-*c) produce his or her driver’s license and the motor vehicle liability insurance card or financial responsibility card (MVA s 33(1)).
-Under MVA s 70(1)(b), it is an offence to refuse or fail to produce a driver’s license, permit, certificate, or motor vehicle liability insurance card when asked by a peace officer or constable.
+The most common provincial offence committed in BC is speeding in violation of section 146 of the ''Motor Vehicle Act''. Generally, drivers must not exceed 50km/h in a municipality or on treaty lands, 80km/h on other highways, and must not operate a motor vehicle at a rate of speed higher than that posted on a sign.
-== B. Driver’s Licenses ==
+=== 2. Careless Driving ===
-It is an offence for an individual to drive or operate a motor vehicle without a valid and subsisting driver’s license or to drive or operate  a motor vehicle of a category other than a category designated under the individual’s license (MVA s 24(1)). The license may be subject to any  restriction the Superintendent deems necessary for safety reasons (MVA s 25(12)). It is an offence to violate these restrictions (MVA s 5(15)). Failure to satisfy an examiner of competence to drive safely will lead to the suspension or cancellation of the driver’s license by the Superintendent (MVA s 92).
+Under s 144(1) of the ''Motor Vehicle Act'', it is an offence to drive:
-If a driver’s license is lost, a duplicate will be issued. The original, if found, must be surrendered (MVA s 33(3)). A driver must produce  his or her license when so asked by a peace officer (MVA s 33). If a driver has a valid license, but is unable to produce it when asked, that person will receive two fines under Schedule 3 of the VTAFR:
+a) without due care and attention;
-*a) failure to produce a driver’s license (MVA s 33(1)) – $56 if paid within 30 days, otherwise $81; and
-*b) driving without a valid license (MVA s 24(1)) – $251 if paid within 30 days, otherwise $276.
-The fine for driving without a valid license will be dropped if the driver proves he or she had a valid license at that time.
+b) without reasonable consideration for other persons using the highway; or
-Under the MVA, it is an offence to make a false statement when applying for or renewing a driver’s license (s 69(1)(a)), to give number plates  to another person (s 69(1)(b)), or to give your driver’s license to another person (s 69(1)(c)). Under MVA s 70(1)(a), it is an offence to use another’s license or a fictitious or invalid driver’s license. Under s 70(2), any person who commits an offence under s 70(1)(a) is liable for a fine between $100 and $2,000 and/or imprisonment for a period between seven days and six months.
+c) at a speed that is excessive given the road, traffic, visibility, or weather conditions.
-== C. Certificate of Insurance ==
+A person who commits an offence under (a) or (b) is liable on conviction to a fine of not less than $100 (s 144(2)) and six points added to his or her driving record. Subject to the minimum fine, s 4 of the ''Offence Act'' states that a fine must be less than $2,000. A person who commits an offence under (c) is liable on conviction to a fine of $173 and three penalty points as per the VTAFR and ''Motor Vehicle Act Regulations''.
-Section 24(3)(a) of the MVA requires that all drivers be insured. The penalty is a fine up to $250 and/or up to three months incarceration (s  24(5)(a)). Section 24(3)(b) states that the motor vehicle must be insured. Failure to comply will result in a fine between $300 and $2,000 and/or imprisonment between seven days and six months (s 24(5)(b)). Furthermore, a driver must produce a valid certificate of insurance when asked by a peace officer (s 33). The penalty for failing to produce a valid insurance certificate is $56 within 30 days, otherwise $81 (VTAFR Schedule 3).
+To convict a driver of any of these offences, the Crown must only prove inadvertent negligence: a lack of proper care or absence of thought. The standard of care is determined in relation to the circumstances and carelessness must be proved beyond a reasonable doubt: ''R v Beauchamp'', [1952] OJ No 495, (1953)106 CCC 6 (Ont CA).
-It is an offence to make a false statement when applying for insurance (MVA s 69(1)(a)(iii)), to lend your certificate (s 69(1)(c)), or to use  another’s certificate (s 24(6)(iv)) or an invalid or fictitious certificate (s 70(1)(a)). Under MVA s 70(2), you are liable to a fine between $100 and $2,000 and/or imprisonment for a period between seven days and six months for a violation of s 70(1)(a).
+=== 3. Road Racing ===
-MVA s 24(6) also creates offences regarding insurance. It is an offence to show a peace officer or the Superintendent:
+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''.
-*a) a motor vehicle liability insurance card or a financial responsibility card which purports to show that there is a policy of insurance in force when there is not;
-*b) a financial responsibility card purporting to show that a person is, at that time, maintaining in effect proof of financial responsibility when he or she is not; or
-*c) a motor vehicle liability insurance card or a financial responsibility card that does not apply to the vehicle which the holder is driving.
-Under s 24(6)(b) of the MVA, it is an offence to give or loan a motor vehicle liability insurance card or a financial responsibility card to a person not entitled to it. Section 24(6)(c) states that failure to deliver to the Superintendent a financial responsibility card for cancellation is an offence.
+“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;
+b) preventing or attempting to prevent one or more other motor vehicles from passing; or
+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:
+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;
+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).
+=== 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:
+* Electronic devices that include a hands-free telephone function;
+* Global positioning systems;
+* Hand-held electronic devices, one of the purposes of which is to process or compute data;
+* Hand-held audio players;
+* Hand microphones; or
+* Televisions.
+Exceptions for hands-free use of electronic devices are permitted under s 7 of the EDWDR. Further exceptions for persons carrying out special powers, duties, or functions are allowed under s 5.
+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.
+== B. 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.
+=== 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.
+== C. Vicarious Liability for Provincial Motor Vehicle Offences ==
+Pursuant to ''Motor Vehicle Act'' ss 83 and 88, the owner of a motor vehicle is liable for any violation of the ''Motor Vehicle Act'' or ''Motor Vehicle Act Regulations'' unless he or she can prove that:
+a) he or she did not entrust the motor vehicle to the person in possession or exercised reasonable care and diligence when doing so (''Motor Vehicle Act'' s 83(3));
+b) although the registered owner, he or she is not the actual owner (''Motor Vehicle Act'' s 83(5)(b)); or
+c) the person committing the offence was not the registered owner’s employee, servant, agent or worker (''Motor Vehicle Act'' s 88(3)).
+Under ''Motor Vehicle Act'' s 83(4), if an owner is liable for an offence committed by the driver, a fine of not more than $2,000 may be imposed in place of the fine or term of imprisonment specified in the enactment.
+Under s 83(7), no owner is liable if the driver was convicted under the ''Motor Vehicle Act'' for:
+a) driving without a license or without the appropriate class of license (s 24(1));
+b) driving while prohibited by order of peace officer or Superintendent (s 95);
+c) driving while prohibited by operation of law (s 102);
+d) impaired driving (s 224); or
+e) refusing to give a blood sample (s 226(1)).
+Generally, where the driver of a motor vehicle has been convicted of an offence, financial liability rests on him and further relief cannot be sought against the owner of the vehicle.
+== 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).
+== E. Fines ==
+The Violation Ticket Administration and Fines Regulation prescribes fines for ''Motor Vehicle Act'' offences. [[Examples_of_Penalty_Points_and_Fines_for_Motor_Vehicle_Offences_(13:App_A) | Appendix A]] to this chapter provides examples of fines.
 {{LSLAP Manual Navbox|type=chapters8-14}}