Have you witnessed dangerous, aggressive or careless driving and wondered whether reporting it to police would accomplish anything? The answer is yes, but the success of your complaint depends largely on the information you can provide and how involved you are willing to become in the investigation.
Many people hesitate to make a driving complaint because they are unsure whether anything will happen or whether their time will be wasted.
To make an effective driving complaint to police in BC, record as much information as possible, report serious incidents promptly, and understand the role you may play in the investigation.
The most important information to provide is the vehicle licence plate number, followed by details about what happened, where it occurred and when.
Dashcam Video Used as Evidence.
To learn about how video evidence may be used in traffic court, see Video Evidence in Traffic Court.
Call 911 if There Is Immediate Danger
If the driving behaviour is serious and could result in immediate harm to others, call 911 and make the report immediately.
If the situation is not an emergency, contact the police non-emergency number for the area where the incident occurred as soon as reasonably possible. After providing the details of your complaint, ask for and record the file number.
The file number is what you will need if you want to follow up on your complaint later.
Your Role in a Police Driving Complaint
There are three levels of involvement in a driving complaint. From least effective to most effective they are:
- You report the incident anonymously.
- You report the incident, identify yourself, but decline to become involved further.
- You report the incident, identify yourself and agree to attend court if necessary.
Anonymous Driving Complaints
If you report anonymously, police can record the complaint and patrol the area. If officers observe the vehicle committing an offence, they can take action.
However, without a witness who is prepared to provide a statement, the options available to police are limited. Depending on priorities and available resources, no further action may be possible beyond recording the complaint.
Identifying Yourself but Not Attending Court
If you identify yourself but decline to become involved further, police may patrol for and attempt to locate the vehicle as they would with an anonymous complaint.
If the driver is located, police may speak with them about the complaint and provide advice or a warning about their driving behaviour.
If the registered owner was not driving or the vehicle cannot be located, police may choose to contact the registered owner and advise them how the vehicle was being used.
Becoming a Prosecution Witness
If you identify yourself and agree to attend court if necessary, police can begin a more complete investigation. You will usually be asked to provide a written statement describing what happened.
This is important for two reasons: police have a complete record of the incident, and you have a reliable way to refresh your memory if you are required to testify.
How Police Investigate a Driving Complaint
When I conducted investigations like this, I would first identify the registered owner of the vehicle and speak with them personally. I would advise them that their vehicle had been involved in a possible breach of the Motor Vehicle Act and require them to identify the driver.
Failing to identify the driver when required to do so is an offence, even if the registered owner was the person driving at the time.
At that point, I either had a driver I could deal with directly or could consider charges related to the original offence and failing to identify the driver.
My next step was to speak with the driver. I would explain the complaint, advise them that they did not have to say anything in response, and listen if they chose to provide an explanation.
I then had to decide whether there was a reasonable possibility of a successful prosecution. If there was, I would proceed with charges, usually by issuing a violation ticket. If not, a caution might be appropriate.
In either case, I would then contact the complainant and explain what had occurred.
Not Every Driving Complaint Goes to Court
If the driver is charged, it does not always result in a dispute and court appearance for the complainant. Many traffic tickets are paid or otherwise resolved without a trial.
What to Expect in Traffic Court
If the ticket is disputed, you can expect contact from the investigator advising you when and where the dispute will be heard. You may also receive a formal subpoena requiring your attendance.
Take your notes with you on the court day and arrive a few minutes early to allow time for parking, finding the courtroom and speaking with the investigator, who will most likely also be the prosecutor.
When the case is called, you will be asked to describe the incident to the court and answer questions from both the prosecutor and the accused person or their lawyer.
Although the formal atmosphere of court can seem intimidating, it is generally a straightforward process. Once you have testified, you may remain in the courtroom and observe the remainder of the proceedings, including the court's decision.
Reporting Commercial Vehicle Violations
There are additional options for reporting commercial vehicle violations through Commercial Vehicle Safety and Enforcement.
Why Some Driving Complaints Do Not Result in Charges
The explanation above describes how a driving complaint can be investigated. In practice, the response may vary depending on the seriousness of the behaviour, the information available, police resources and local priorities.
Providing accurate details, identifying yourself and being willing to participate in the investigation gives police the best opportunity to take appropriate action.
Reporting unsafe driving is not about punishing another road user out of frustration. It is about providing police with information that may help prevent a future collision and make our roads safer for everyone.