Q&A - Turning right off Canada Way onto Kensington

And frankly, I find it encouraging to see the Burnaby RCMP focusing on intersection behaviour instead of speeding tickets!

I'm pretty certain that there's no 'Line Jumping' infraction to be found in the mighty Motor Vehicle Act, but let's see what else they could come up with.

First thing to realize is that the traffic engineers painted a solid white stripe that commences a long way prior to the intersection, to separate the two westbound lanes (continuing along Canada Way) from the two lanes heading right, into Kensington. And while some drivers planning on the maneuver may have deliberately stayed in the right lane that's supposed to continue on Canada Way, planning the late turn, many don't do this - they react to the stalled traffic ahead, and change lanes to the left too late in order to try and get around it. So these guys all deserve a ticket under Section 151(b) regardless of what they do when they get to the intersection.

Driving on laned roadway

151 A driver who is driving a vehicle on a laned roadway

(b) must not drive it from one lane to another if that action necessitates crossing a solid line,

When it comes to that rude right turn, I would expect that Section 165(1) could be applied.

Turning at intersections

165 (1) If the driver of a vehicle intends to turn it to the right at an intersection, the driver must cause it to approach the intersection and then make the turn as close as practicable to the right hand curb or edge of the roadway.

This is where a point of law might be brought up, as in 'What is a Roadway?' and/or 'What is an Intersection?' as there could arguably be two intersections there, as created by that triangular island.

Another piece of legislation that might be useful, inasmuch as many of these drivers don't actually complete the right turn in one clean maneuver, would be found in Section 189(1)(c).

When vehicle stopping prohibited

189 (1) Except when necessary to avoid conflict with traffic or to comply with the law or the directions of a peace officer or traffic control device, a person must not stop, stand or park a vehicle as follows:

(c) in an intersection, except as permitted by a sign;

Meanwhile, if I were the Burnaby RCMP Traffic Sergeant, by now I would have called the Burnaby Traffic Engineer and said something like this: "Lookit, you've got the two lanes headed for Kensington designated by three separate pairs of right-turn arrows - so could you get out the paintbrush and paint three separate pairs of straight-ahead arrows in the adjacent Canada Way westbound lanes? And while you're at it, why not put up a couple of Lane Use signs or Turn Control signs at the point where drivers are making this dumb manuever (you can hang 'em beside the traffic lights) indicating 'straight ahead' only?"

This would probably free up the cops so that they could issue tickets to all the drivers along there who follow too close, or switch lanes without signalling, or other illegal, collision-causing, road-rage inducing, behaviour. Hey, I can dream, can't I?

Check out this Q&A that is already on the site.

Is the applicable charge here, I think:

Obeying traffic controls

125   Unless otherwise directed by a peace officer or a person authorized by a peace officer to direct traffic, every driver of a vehicle and every pedestrian must obey the instructions of an applicable traffic control device.

Clearly the dedicated and painted right-turn only lanes and the dividing median are there to control traffic, so I think this charge fits best.  Let's not forget that anyone doing this isn't doing it from a lack of understanding, but from a desire to get around everyone else who has been patiently waiting their turn.