Motor vehicle law column by Tim Schewe

Hey, that machine is driving on the wrong side of the road! Can that utility truck park like that while they fix the overhead wires? These are just two of similar questions that the public often ask. The answer is yes, as long as it is done safely.

Part three of the Motor Vehicle Act contains the driving rules like speeding, stopping at stop signs and which side of the road to drive on. Section 120 exempts persons, vehicles and other equipment while actually engaged in highway or public utility, construction or maintenance work on, under or over the surface of a highway while at the site of the work from the provisions of Part three.

This exemption is tempered by section 121. It says that the driver of a vehicle referred to in section 120 wil drive with due regard for safety, considering all the circumstances including the nature, condition and use of the highway and the amount of traffic that is or may be on it.

The Industrial Health and Safety Regulations also play a role. It requires that traffic control be provided whenever the unregulated movement of vehicular traffic is a hazard to workers. It goes on to explain what types of traffic controls may be required, and how to use them.

Virtually every crash scene that I attended during my policing career featured at least one good samaritan. These were people who stopped to help another in a time of need, often at some risk to themselves. This kind of selflessness is encouraged with protection granted by law in British Columbia.

The Good Samaritan Act protects a lay person who is providing emergency aid to injured people at an accident scene. The protection applies unless the rescuer is grossly negligent in their actions. Gross negligence is any action or an omission in reckless disregard of the consequences to the safety or property of another.

However, before you jump in to help at the next collision, remember that unless you have first aid training and know what to do it is best to do the least necessary to preserve life and prevent worsening of the injury. Paramedics are quick to caution that it is very easy to do significant damage instead applying treatment.

If you have access to a cell phone, a 911 call will provide expert guidance from paramedical personnel if you are willing to remain connected and provide accurate information. Following this guidance will produce the best outcome for the injured. Should communication not be available, be cautious so that you won't make a bad situation worse and need the protection of the Good Samaritan Act.

A very annoying problem we hear on the local roads are the numerous Boom Boxes playing at all hours of day or night. I think our noise by-law should be enforced, as we have enough noise pollution as it is without these ridiculous noise boxes waking us from our sleep. Can you enlighten me on the subject please?

I'm not sure that you will be surprised to find that the Motor Vehicle Act and Regulations don't deal with noise of this type from vehicles. It only prohibits noise from the engine, exhaust system or the braking system, or from the contact of the tires with the roadway. Police have to fall back on either a municipal bylaw or the Criminal Code when the issue gets out of hand.

No person shall make or cause any noise or sound on a highway or elsewhere within the corporate limits of the City which disturbs or tends to disturb the quiet, peace, rest, enjoyment, comfort or convenience of the neighbourhood or of persons in the vicinity. This bylaw section from the Penticton allows police to issue a Municipal Ticket Information to violators in that city.

[i]I was issued a ticket for Speed Against a Municipal Sign for driving over 30km/hr in a playground zone. The officer had no laser and no radar; she flagged me over, saying "The speed limit here is 30--you were not doing 30." I can't say whether I was doing 31 or 51; my best guess based on the location I was pulled over would be somewhere between 30-40. What does the law say surrounding this? Would I have grounds to dispute this ticket?[/i]

The law says that a municipality may regulate speed by enacting a bylaw and placing signs to limit the speeds of vehicles on municipal streets. If you pass such a sign your vehicle's speed cannot legally exceed that shown on the sign. If it does, by one or by one hundred, the court may choose to convict.

The courts will also accept estimates of speed from both police officers and the general public where the witness is credible and has knowledge and experience that would allow them to guage speed. Most drivers would have this capability through the experience of operating their own vehicle. Police officers have this capability as well as practice with it as they estimate speed and then confirm that speed with either a laser or radar in the course of their enforcement duties.