Motor vehicle law column by Tim Schewe

I recently overheard a conversation between young people where they discussed the daily use of marihuana - on their way to and from school and in their cars. They said it did not affect their ability to drive and that it went undetected by parents, teachers, employers and the police. Could you please discuss what methods are available, if they are being utilized to identify drivers under the influence of marihuana and how effective it is.

I did not receive Drug Recognition Expert (DRE) training during my traffic enforcement service, but I was able to work alongside others who had been trained and learned enough to be confident of my decisions when I issued 24 hour prohibitions for the use of marihuana.

A driver under the influence of marihuana is more difficult to detect than most other illegal drugs, but it does produce the following symptoms: blood shot eyes, accelerated heart rate (tachycardia), muscle tremors and forgetfulness. Marihuana impairments include: difficulties with judgement, depth perception and the ability to maintain attention. All of these skills are necessary for the safe operation of a motor vehicle.

Using proper caution at railway crossings is something that all drivers must remember, because the train will not stop for you. It is easy to forget if you use a crossing regularly but don't often meet a train. The following information may help you avoid "running into" a train.

Where do you stop? Your vehicle must be stopped within 15 metres, and no less than 5 metres from the nearest rail.

When do you stop? You must stop if an electrical or mechanical signal, or a flagman is giving warning. You must also stop if a crossing gate is being lowered, or if a train is within 500 metres, or is travelling at such a speed that it is an immediate hazard. Of course, you must obey a stop sign posted at the crossing.

It is an offence to pass a barrier at a railway crossing when it is closed, or if it is being closed or opened. It is also an offence to approach a railway crossing without using caution.

Drivers of vehicles carrying poisons, explosives or flammables, and drivers of buses or school buses carrying passengers must stop at all uncontrolled railway crossings, even if a train is not approaching. The driver must look both ways and listen for an approaching train. If it is safe to proceed, the driver must cross the tracks without shifting gears, and must not stop over the tracks.

The large diamond shaped sign shows a black arrow on a yellow background telling drivers of a curve ahead. Underneath it is a smaller square sign with black lettering on a yellow background showing a speed of 30 km/h. This sign and others similar to it are classed as advisory signs by the Motor Vehicle Act Regulations.

The signs are advance notice of conditions on or adjacent to a highway that are potentially hazardous to traffic. A driver may choose whether or not to follow the suggestion given by the sign. Ignoring the advice is not an offence in itself, but anything that happens because the signs are not given consideration may be an offence.

Advisory signs generally have black figures on a yellow background.

The example of the curve was chosen to illustrate a point. We have often seen these signs and then travelled around the curve comfortably at speeds higher than that suggested. In those cases the shape of the curve and the road condition could accommodate the vehicle travelling at the higher speed.

If a person is not satisfied with the response of the local police to a driving complaint, what is the next step? I know for a fact my wife and I had the offending vehicle, driver's description and B.C. license number correct. After reporting this incident I received a call from a constable telling me that the plate number I gave them was registered to a Hyundai and not the Pontiac I reported. They told me there was nothing else they could do.

I can respond to this reader's question from both sides of the fence as I have been both an investigator and a dissatisfied complainant with regard to a driving complaint.

As an investigator, I can say that having the license plate number reported identify a different vehicle than the type complained about happens fairly regularly. Most often it is a mistake in reading the plate which can be very difficult now that some B.C. license plates are designed for decoration rather than legibility. Occasionally it is a stolen plate or one that has recently been transferred. In all of these cases, a telephone call or a visit to the registered owner can clear up any discrepancy.