Excessive Speed

Published by DriveSmartBC -
Speed

image of motorcycle officer using radarI would have thought that being faced with a fine of either $368 or $483 and 3 penalty points would make any driver hesitate to exceed the speed limit by more than 40 or more than 60 km/h. Even so, 10,790 drivers were fined for excessive speed in 2024. Worse still, I know that this is only the start of the problem as these were just the drivers that were caught and issued the appropriate fine by police.

Do you think that these significant penalties will force drivers to rethink the risk that they pose to other road users?

image of part of a ticket for excessive speed

Excessive Speed

148 (1) A person who drives a motor vehicle on a highway at a speed greater than 40 km/h over the applicable speed limit set under the authority of an enactment commits an offence and is liable on conviction to not less than the aggregate of the fine amount and the applicable supplemental fine amount, if any, prescribed under section 148.1 for this offence and, subject to those amounts, section 4 of the Offence Act applies.

Speed Between 41 and 60 Km/h Over the Limit

Let's look at a driver who is caught for the first time under the new legislation travelling at an excessive speed between 41 and 60 km/h over the speed limit:

  • Police will issue a $368 ticket and call a tow truck.
  • The vehicle will be impounded for 7 days at a cost of at least $210.
  • ICBC will assign a driver risk premium of $320.

If the driver has already accumulated penalty points, there will be a penalty point premium to pay as well.

Repeat Offenders

Didn't learn the first time? Repeat offenders face increased vehicle impound periods of 30 days for the second offence and 60 days for subsequent offences.

Failing to Stop for Police

Are you thinking about running instead of stopping for police if you are found in this situation? Add a minimum 2 year driving prohibition, the possibility of a criminal record and jail time to everything already mentioned if you are not successful.

Learn More

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Published by Anonymous (not verified) - 2010/09/29 - 17:38 | Permalink

I’m afraid I can’t agree with your comments on this one.

The big issue is due process.  Under the change introduced the Roadside Police Officer is empowered to be judge, jury, and executioner all on the spot.  There is no meaningful ability to appeal or protest.  In my experience police officers usually but not always make good decisions.  Just look at all the times they have trouble administering our impaired driving laws properly.  (Which I wholeheartedly support.)  So who says they will administer this properly either but yet there is no appeal.  You lose your car on the side of the road and I presume there is nothing you can do about it.

This clearly offends all principals of justice.  I have no problem if society deems stiff penalties are required for a particular situation so be it, but it must be done under the rules of due process not roadside cowboys.

Perhaps you could expand on "Just look at all the times they have trouble administering our impaired driving laws properly." I'm not sure that I understand what you mean by this.