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NEWS - BC to Have Slow Down, Move Over Law
The Motor Vehicle Act Regulations have been amended to create Division 47 which is scheduled to come into effect June 1, 2009. The new rules will require drivers approaching stopped emergency vehicles displaying flashing lights to slow down, and if traffic permits, to move over into the adjacent lane in order to pass by. The changes will provide a safe working area for emergency crews.
On roads posted at 80 km/h and above drivers must slow to 70 km/h and on those posted below 80 km/h to 40 km/h. The requirements will apply to drivers passing police, fire, ambulance and towing vehicles, as well as vehicles used by commercial vehicle safety and enforcement personnel, passenger vehicle inspectors, conservation officers, park rangers, and special provincial constables employed in the Ministry of Forests and Range.
The ticketed amount for drivers who fail to obey will be $173 and 3 penalty points will be assessed on conviction.
Links:
New Rules of the Road Protect Emergency Worker's Safety (press release)
Backgrounder to the Press Release
Comments
The Law
Division 47 - Speed Limits and Traffic Rules if Official Vehicle Parked on a Highway
Definition
47.01 In this Division, "official vehicle" means
(a) a motor vehicle operated by a peace officer, constable or member of the
police branch of Her Majesty's Armed Forces in the discharge of his or her
duty,
(b) an ambulance as defined in the Emergency and Health Services Act,
(c) a motor vehicle operated by fire services personnel as defined in the Fire
Services Act in the discharge of personnel duties,
(d) a tow car, and
(e) a motor vehicle operated by one of lhe following in the discharge of his or
her duty:
(i) a member of the Conservation Officer Service as described in
section 106 of the Environmental Management Act;
(il) a person authorized to exercise the powers and perform the duties of
a constable or peace officer for purposes set out in the Inspectors'
Authorization Regulation, B.C. Reg. 372/92;
(iii) a person authorized to exercise the powers conferred on, and perform
the duties of, peace officers for the purposes of enforcing the
Passenger Transportation Act and the Passenger Transportation
Regulation;
(iv) a park ranger appointed under section 4 (2) of the Park Act;
(v) a person employed in the Ministry of Forests and Range who is
appointed as a special provincial constable under section 9 of the
Police Act.
When an Official Vehicle is Stopped
47.02 (1) Subject to subsection (2), if an official vehicle with illuminated flashing red
or blue lamps or lights, or both, or flashing amber lamps or lights is stopped on
or on the side of a highway, a person driving a motor vehicle on the highway in
either direction must drive the motor vehicle at the following rate of speed when
approaching or passing the official vehicle:
(a) 70 km/h if signs on the highway limit the rate of speed to 80 km/h or more;
(b) 40 km/h if signs on the highway limit the rate of speed to less than 80 km/h.
(2) Subsection (1) does not apply to a driver who approaches or passes an official
vehicle from the opposite direction on a highway that contains a laned roadway
or is divided by a median.
(3) In addition to the requirements of subsection (1), a driver travelling in a lane
adjacent to the stopped official vehicle or in the same lane in which the official
vehicle is stopped must, if it is safe to do so, and unless otherwise directed by a
peace officer, move his or her motor vehicle into another lane of the laned
roadway, if any.
why only "emergency" vehicles?
If safety is really the goal, the law should apply whenever a vehicle is stopped at the side of the road and people are present outside the vehicle.
However, we don't need a law to make it a safe driving practice. Thoughtful people can simply make a habit of doing it. Hmmm . . . maybe this is another regulation in search of a real problem.
One concern - the "slow down" speeds are excessively limiting and shouldn't apply at all to motorists who are able to move into another lane. Suddenly slowing from e.g., a normal 80 to 100 km/h to 40 in an 80 zone, might cause an accident in itself.
Slow Down - Move Over Law
They have a similar law in Alberta and I agree with it totally.
Slow Down and Move Over
As to Division 47.01
(d) a tow car
It should read a tow truck not a tow car.
A Tow Car??
Like it or not, that's the way the Motor Vehicle Act defines it:
"tow car" means a motor vehicle used exclusively for towing or rendering assistance to other motor vehicles or to vehicles suffering from a defect or disability in their means of locomotion;
even though the rest of us would like to call it a tow truck....
I've always done this
I've always done this whenever someone is stopped at the side of the road. You never know when someone lacking total common sense will open their door and blindly get out without looking. Likewise, totally ignore traffic and walk around to fix a flat tire or similar...