A lot of people are familiar with the fact that British Columbia has speeding laws and many people have received tickets, but despite how common they are, most people don’t know as much as they think they know about speeding laws.
So here is a list of ten things that you probably didn’t know about speeding laws in BC.
There are multiple different types of speeding offences
It’s not just an offence to speed, there are different types of offences you could be charged with, including where you were driving your vehicle. This includes speeding in a school zone or a construction zone.
Whether the officer laid the correct speeding ticket charge against you is often an overlooked defence in speeding ticket cases. Understanding the nuance of the many different speeding ticket offences in BC can be useful in defending your case.
A vehicle’s speed can determine the type of offence you’re charged with
Depending on how fast your vehicle is going, there can be a different offence that is charged. There are multiple tiers of speeding offences within the excessive speeding category, and an excessive speed fine amount changes to correspond with the speed of your vehicle at the time you were caught.
You do not have to exceed the speed limit in order to be charged with speeding
Under Section 144(1)(c) of the Motor Vehicle Act, you can be charged with speeding relative to the road conditions. This means that if it’s a particularly rainy, snowy or icy day, and you’re driving the speed limit, you could get a speeding ticket for not driving based on the conditions of the road.
You can get a ticket for doing the opposite of speeding
Slow driving that impedes traffic is an offence under the MVA. If you are driving too slowly, and it becomes a hazard or an obstruction to other drivers, this too can trigger a conviction for a speed-like offence.
Therefore, it’s not an advisable course of action to avoid the consequences of a speeding ticket by driving slowly.
It is a defence to speeding tickets, that there is no speed sign
This defence only applies in certain circumstances, for example on a road where the speed limit is required to be posted. Of course, there are provisions in the MVA that set out the maximum speed limits for certain types of roads and highways, so those ones don’t need to have the speed posted.
However, the speed limit can be changed by sign and location, such as those outside municipalities requiring a posted speed sign.
The MVA has a provision that allows you to prove your innocence by demonstrating that the speed sign on the roadway was obstructed in such a way that no road users could see it.
The speed limit on some roads can change
There are locations in BC known as variable speed corridors which are typically found on the Coquihalla Highway and the Sea to Sky highway. Portions of these roadways have speed signs that can be changed by the Ministry of Transportation depending on road conditions.
Typically, variable speed corridors are found along highways which can have sudden changing weather events.
Variable speed corridor sign tickets are difficult for the police to prove
Because the speed limit changes in variable speed corridors, there needs to be some evidence of what the speed sign was that you passed while driving on the highway. The last sign you passed sets what speed you are supposed to be driving until you see the next sign in the variable speed corridor.
But what happens if the sign changes after you passed it and before the police pull you over? In those circumstances, the police will have to prove what the sign said at the time that you passed it in order for you to be charged with the speed offence. It requires the police to not only have observed signs themselves but they also have to observe you passing the sign.
Defences to these raise questions about hearsay and exceptions to the hearsay rule, and you should always consult with a lawyer before attempting to defend yourself on a ticket from a variable speed corridor.
You don’t have to be driving your car to get a speeding ticket
Because of BC’s intersection enforcement camera legislation, and the use of these cameras to issue speeding tickets, you can receive tickets even if you aren’t the one driving the car.
This is because any ticket issued by an intersection camera goes to the owner of the vehicle and not the driver. It’s not a defence to the ticket that you weren’t the one driving, because you’re not charged as the driver.
The saving grace is that a ticket issued to you as the owner does not go on your driving record or you won’t receive any penalty points.
Speeding tickets have all sorts of hidden costs
There are numerous consequences that are not listed on the face of the ticket, and depending on the number of tickets you receive you may have to pay penalty point premiums, and those may cost you a lot of money.
Speeding tickets can be defended in court
Many people who receive speeding tickets think it’s impossible to defend themselves in court because they’ve been caught red-handed. But this doesn’t mean that you don’t have a defence.
In order for police officers to prove you were speeding, there are a number of elements that have to be proven in court.
Don’t count yourself out simply because you’ve received a ticket, even if you know that you were speeding and you are guilty. Consult a lawyer before paying a speeding ticket because if this list has taught you anything, it’s that there’s a lot you don’t know about speeding tickets in BC.
