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Difference between revisions of "Provincial Driving Offences (13:VI)"
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Provincial Driving Offences (13:VI) (view source)
Revision as of 21:55, 6 September 2020
, 21:55, 6 September 2020no edit summary
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Under s 144(1) of the ''Motor Vehicle Act'', it is an offence to drive: | Under s 144(1) of the ''Motor Vehicle Act'', it is an offence to drive: | ||
a) without due care and attention; | * a) without due care and attention; | ||
b) without reasonable consideration for other persons using the highway; or | * 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. | * 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 their 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''. | 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 their 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''. | ||
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Per ''Motor Vehicle Act'' s 250, “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: | Per ''Motor Vehicle Act'' s 250, “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; | * 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 | * 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. | * 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 ''Motor Vehicle Act'' s 251(1)(e), a peace officer may cause a motor vehicle to be | According to ''Motor Vehicle Act'' s 251(1)(e), a peace officer may cause a motor vehicle to be | ||
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* Electronic devices that include a hands-free telephone function; | * Electronic devices that include a hands-free telephone function; | ||
* Global positioning systems; | * Global positioning systems; | ||
* Hand-held electronic devices, one of the purposes of which is to process or compute data; | * Hand-held electronic devices, one of the purposes of which is to process or compute data; | ||
* Hand-held audio players; | * Hand-held audio players; | ||
* Hand microphones; or | * Hand microphones; or | ||
* Televisions. | * Televisions. | ||
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“Use” of an electronic device is defined broadly. Per ''Motor Vehicle Act'' s 214.1 use means: | “Use” of an electronic device is defined broadly. Per ''Motor Vehicle Act'' s 214.1 use means: | ||
''(a) holding the device in a position in which it may be used; | * ''(a) holding the device in a position in which it may be used; | ||
(b) operating one or more of the device's functions; | * (b) operating one or more of the device's functions; | ||
(c) communicating orally by means of the device with another person or another device; | * (c) communicating orally by means of the device with another person or another device; | ||
(d) taking another action that is set out in the regulations by means of, with or in relation to an electronic device.'' | * (d) taking another action that is set out in the regulations by means of, with or in relation to an electronic device.'' | ||
Additionally, ''EDWDR'' s 2 adds watching the screen of an | Additionally, ''EDWDR'' s 2 adds watching the screen of an | ||
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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 they prove that: | 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 they prove that: | ||
a) they 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)); | * a) they 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, they are not the actual owner (''Motor Vehicle Act'' s 83(5)(b)); or | * b) although the registered owner, they are 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)). | * 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 ''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. | ||
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Under s 83(7), no owner is liable if the driver was convicted under the ''Motor Vehicle Act'' for: | 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)); | * 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); | * b) driving while prohibited by order of peace officer or Superintendent (s 95); | ||
c) driving while prohibited by operation of law (s 102); | * c) driving while prohibited by operation of law (s 102); | ||
d) impaired driving (s 224); or | * d) impaired driving (s 224); or | ||
e) refusing to give a blood sample (s 226(1)). | * 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 them and further relief cannot be sought against the owner of the vehicle. | Generally, where the driver of a motor vehicle has been convicted of an offence, financial liability rests on them and further relief cannot be sought against the owner of the vehicle. | ||