Driving related decisions by the courts.
If you stop at a stop sign, does the cross-traffic always have the right-of-way? Most drivers in British Columbia assume the answer is yes, but the legal reality under the B.C. Motor Vehicle Act (MVA) might surprise you.
When waiting at a red light, how much space should you leave between your vehicle and the car ahead? A common rule of thumb is to ensure you can see the rear tires of the leading vehicle touching the pavement. However, when a multi-vehicle chain-reaction accident occurs, failing to leave a wide gap does not automatically make you legally liable for the damage.
If you are parallel parked on a busy British Columbia street and get boxed in by vehicles parking too close to your bumpers, pulling out safely can feel like an impossible task. However, a tight parking space does not excuse a driver from their statutory duties.
My highway patrol unit was issued its first laser speed measuring device back in the early 1990s. It quickly became a popular enforcement tool due to its precision in targeting specific vehicles and measuring speed accurately. Just like radar before it, laser technology required time for case law to mature in the courtroom.
Under Section 95 of the British Columbia Motor Vehicle Act, driving while prohibited is treated as a full mens rea offence. This means that to secure a conviction, the Crown must prove beyond a reasonable doubt that you had actual knowledge of the prohibition.
A BC Provincial Court case, R. v. Dolson (2014), officially put the spotlight on whether aftermarket "Adventure Doors" are legal on BC highways. Here is what you need to know before you strip down your rig.
We’ve all been there: you’re driving on a Sunday, the road is perfectly paved, there isn't a worker in sight, but the orange 70 km/h signs are still up. Do you have to slow down? A recent BC Provincial Court decision, R. v. Markowsky, suggests that if the "reason" for the sign is gone, the legal requirement to obey it might be gone too.
Making a wide right turn is a poor driving practice that can result in a collision. Right turns must be made as closely as is practicable to the right hand edge of the roadway. Swinging left immediately before the turn is contrary to your signal and can confuse drivers and cyclist following behind you.
Drivers that fail to produce a driver's license with their picture on it when stopped present a very real difficulty for the officer. Is the driver one that cannot be bothered, did they just forget it this trip, or are they prohibited, unlicensed or impersonating someone else to avoid being charged?
This case examines the duty of care that drivers and pedestrians have when the pedestrian is crossing the street outside of a crosswalk. Even when one has the right of way, there is still a requirement to keep a proper lookout and take reasonable precautions in response to apparent potential hazards.