This week on Driving Law, Paul and I look at a Nanaimo case involving a cognitively impaired driver who scored 215 demerits on a medical assessment, a court ruling on improperly sworn police reports, hidden roadside surveillance in the U.S., and a dump truck pushing a Tesla in Richmond.
A Medical Assessment That Raised More Questions Than Answers
A Nanaimo woman is questioning why her husband—diagnosed with cognitive impairment and scoring 215 demerits on an enhanced road assessment—was allowed to continue driving. The explanation lies in due-process requirements: RoadSafetyBC must review the medical evidence and allow driver submissions before making a final decision. The larger issue is the backlog that leaves these high-risk cases unresolved for weeks or months.
Improperly Sworn Police Reports and Procedural Fairness
A B.C. Supreme Court judicial review highlighted a recurring problem in IRP files: police officers acting as commissioners are stamping reports instead of signing them, with adjudicators glossing over the legal requirement that oaths be taken with “solemnity.” The court ruled that the adjudicator failed to meaningfully address this defect, emphasizing that drivers are not required to prove improper swearing—the burden lies with the state.
Hidden Surveillance in Traffic Cones
We also discuss a troubling development out of the U.S., where law enforcement agencies are installing license-plate recognition cameras inside large orange pylons. The footage is used to trigger “soft traffic stops” under the guise of alleged violations. It’s a stark example of expanding surveillance tactics that could easily migrate north.
Ridiculous Driver of the Week
Captured on video from a Richmond hotel, a dump truck was seen pushing a Tesla up Highway 99 toward the Oak Street Bridge. Whether caused by road rage or mechanical failure, it’s yet another surreal scene from Lower Mainland roads..
