BC's Motor Vehicle Stunt Law can hurt

[Drache]

"stunt" means circumstances in which, taking into account the condition of the highway, traffic, visibility and weather, the driver or operator of a motor vehicle is driving or operating the motor vehicle without reasonable consideration for other persons using the highway or in a manner that is likely to cause harm to an individual or likely to distract, startle or interfere with users of the highway by doing any of the following:

(a) causing any or all of the motor vehicle's tires to lift from the road surface;

(b) causing the motor vehicle to lose traction while turning the motor vehicle;

(c) driving the motor vehicle in a manner to cause the motor vehicle to spin;

(d) driving the motor vehicle in a lane intended for oncoming traffic for longer than necessary to pass another vehicle;

(e) slowing or stopping the motor vehicle in a manner that prevents other motor vehicles from passing or in a manner that blocks or impedes other motor vehicles;

(f) without justification, driving as close as possible to another motor vehicle, a pedestrian, or a fixed object.


The fines and charges can be steep! Some have received $400 fines, impounding of the car for a week, and having to pay towing and storage charges for a simple burnout. In the case of one 20 year old female she faced a $2400 fine for her first offence for excessive speeding which falls under this new stunt law.

The crappy part is the RCMP state that and roadway, parking lot, or driveway that is immediately accessible to a public roadway is fair game. Even "official" roped off burnout competitions at car shows are open game to these new laws if they take place attacked to a public roadway.

On July 6, 8:18 PM, RCMP stopped a 20-year-old female for exceeding the legal speed limit. She was traveling eastbound on Highway 107 (near Exit 21), Head of Chezzetcook, Nova Scotia. Police seized the vehicle she was driving, a Dodge Charger. If convicted, the minimum fine for a first offense is $2410.20.

The driver from Head of Chezzetcook will be appearing in court at a later date.

RCMP state that the speed was 176 km/hr in a 100 km/hr zone.

[Ghoste]

Welcome to Ontario.

[Troy]

Um, that's 109 mph in a 60 mph zone. I think that kind of driving will get you in deep doodoo just about anywhere! I got a ticket for something similar in my younger days and it cost me more than I paid for my car. Luckily it was out of state or I'd probably have lost my license and spent time in jail. I would not have lost the car though.

Yeah, that law leaves room for a lot of interpretation.

Troy

[Drache]

Yeah, that law leaves room for a lot of interpretation.

A member of the local car club was fined under this law when the rear tires of his car hit a patch of gravel causes a very quick spray of gravel and squeak of tires before the driver realized it. Luckily it was thrown out in court. Another member hit a patch of ice which caused the same spinning back tires. He too challenged it in court and luckily got the ticket thrown out. These though were before the law was allowed to seize the vehicle.

Now I've tried to interpret the law I posted. What I see though is it states "highway" and not "roadway". I also don't see anything that states anything about doing a burnout on a public roadway.

[Troy]

This part seems important: "driving or operating the motor vehicle without reasonable consideration for other persons using the highway or in a manner that is likely to cause harm to an individual or likely to distract, startle or interfere with users of the highway"

This seems important to me - but I bet none of the nimrods poking along in the left lane will ever get ticketed:
"(e) slowing or stopping the motor vehicle in a manner that prevents other motor vehicles from passing or in a manner that blocks or impedes other motor vehicles"

And it seems to me that you can tailgate as long as you have a reason:
"(f) without justification, driving as close as possible to another motor vehicle, a pedestrian, or a fixed object"

Although that last one could take out any amateur drifting wannabes...

I'm not sure when seizing an individual's property became so popular. I'm sure it seemed like a good idea the first time it was put into law but it opens the door for abuse.

Troy

[Ghoste]

The problem with the stunt driving laws as I see them is that they are started as a knee jerk reaction to some other problem.  People complaining about tuners racing on a freeway or whatever.  So to "do something about this"  politicians excitedly draft this type broad legislation whose primary purpose in reality is to make for good press for the party in charge.  Once it filters down to the street, the "tough" measures can become heavy handed or even dracononian and the interpretation of the law is left to the officer as these laws always seem vague in their definition in order to sweep up as many criminals as possible.
For example, if I am on a public roadway in Ontario and there is no traffic visible ANYWHERE, there are no onlookers, there are no homes within miles and I do a smoky burnout and a police officer sitting a couple of miles away sees the smoke cloud, he can charge me with street racing and stunt driving and impound my vehicle for 7 days.  Never mind innocent until proven guilty, the impound takes place immediately at the officers discretion.
In my example, is my "crime" on the same level as someone doing a smoky burnout at the entrance to a shopping mall during peak business hours?