Motor vehicle law column by Tim Schewe

Taking your neighbour's request at face value turned out to be an expensive lesson for Jessica. She had loaned her vehicle to a neighbour and somewhere along the journey the neighbour met up with the police. The neighbour was a vehicle impound candidate because they didn't have a valid driver's license and Jessica was now faced with making an application to the Superintendent of Motor Vehicles to attempt to have her vehicle returned to her before the end of the impoundment period.

The neighbour was well aware that they were unlicensed because vehicle impoundment does not occur until after the person is convicted of driving without a driver's license and they don't bother to renew.

The officer who stopped the driver was left without a choice because the legislation requires that the impoundment take place.

Discretion may be exercised by the Superintendent who can decide to return the vehicle to the owner before the end of the impoundment period. Stolen vehicles, errors by police or ICBC regarding a driver's status as an impound candidate, or the exercise of due diligence by the owner in loaning the vehicle may be considered. In order to trigger a review, Jessica will be required to pay a fee and complete a document explaining her reasoning.

Amid the chaos of a collision scene this afternoon came a call over the police radio: "grab that vehicle, it just drove around the cones and into oncoming traffic!" Not only did the emergency workers have to deal with a two vehicle collision in an intersection full of emergency vehicles, they also had to contend with drivers who were going through no matter what. The line of cones blocking the lane might not have been seen as something the driver needed to take meaning from in this situation.

A traffic control device can be many things including: a sign, signal, line, meter, marking, space, barrier or device. In this case, the cones would be considered a device and when placed across the lane are a traffic control device that bars traffic from proceeding. Failing to obey them may place yourself or others at risk and could result in the issue of a violation ticket.

This is a very narrow view of the huge number of traffic control devices that we encounter when we drive every day. Signs are self evident, but it sometimes seems that the message conveyed by the type of line painted on the roadway, arrows painted on the roadway or lights, signs and barriers in a construction zone or collision scene are either confusing for some drivers or convenient to disobey as it suits others.

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.

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.