Day 253 – Note to Self….

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253/365 (September 10, 2010) – Went out for a ride this afternoon and was whizzing along my normal short ride on Marine Drive in West Vancouver heading for Horseshoe Bay. I probably blew through a couple of school zones before I realized that school is now in session. Oops, that’s what happens when you learn to ride during summer and don’t think about the zones.

There has been a great deal of discussion on speed limits in BC recently and new excessive speeding laws are set to come into effect in a little over a week. From the DriveSmartBC website.

Speed limits in British Columbia are not suggestions when set by law or by posting a regulatory sign. They are what is known as an absolute liability offence; you are either speeding or you are not. Technically, even one kilometer per hour above the limit is speeding. In traffic court if that one over can be proven, the justice may choose to convict you.

I’m now going to don my flameproof suit and observe that like young children, many drivers push the boundaries and the speed limit is probably the favourite boundary to push. Just how far can you push before the ticket book is exercised? It depends on the officer and the circumstances.

Radar and laser speed measuring devices are highly accurate and the widest tolerance today is probably +/- 1 km/h at 50 km/h. In contrast, your speedometer could be out by as much as 10 km/h and still be considered “close enough” by the manufacturer. If you’ve modified the driveline in any way the accuracy could be even worse. Should this be allowed for?

If you are driving in a school zone at noon and there are children present would it be better to be more exacting than on a sunny day with light traffic on a straight highway in the countryside? With so many vehicles out there being driven 20 or 30 km/h over the limit, should an officer bother with those at 5 over?

I suppose that if you held the pen and ticket book you would be legally correct to start writing at 2 km/h over but in our social climate you would probably be lynched after a month on the job. You would also hold the record for the most cases in traffic court and I doubt that the justice would convict many at that speed.

In short, no, you are not permitted to drive faster than the speed limit. Practically however, you push the boundaries and you take your chances with receiving a ticket. You also take chances with everyone you share the road with.

On the 20th of this month, the excessive speed laws will lead to some tough punishment for those who speed more than 40km/hr over the posted speed. Ticket, towing, and storage fees could amount to as much as $737 while the vehicle is held for a mandatory seven-day impound. On top of this cost will be a $320 ICBC driver-risk premium charge every year for three years, and three demerit points on one’s driving record. And that’s just for first-time offenders. Get caught doing it again and you will have your vehicles impounded for 30 days and can expect to shell out as much as $1,243 up front, plus a $370 annual driver-risk premium each year for three years. If you are really dumb and still don’t figure it out and offend again, each subsequent excessive-speeding offence within two years will see your vehicle impounded for 60 days and you will be charged as much as $1,903 plus an additional $430 ICBC premium each year for three years.

This is not a discretionary ticket that an officer may or may not give you if you smile nicely and are polite. If the radar detector clocks you at those speeds, this is now a mandatory measure. It doesn’t matter if your family is in the back seat, you’re going to lose the car and end up stranded. Period. Wouldn’t that make for a fun holiday!

We also have a new DUI law too. BC is introducing Canada’s most immediate and severe impaired driving penalties. Under the new rules, drivers who provide a failing breath sample above 0.08 per cent BAC or refuse to provide a breath sample at the roadside will face an immediate, 90-day driving ban and a $500 fine. As well, they will have their vehicle impounded for 30 days. They may also face criminal charges. Drivers caught once in the “warning” range (between 0.05 and 0.08 per cent BAC) in a five-year period will face an immediate, three-day driving ban and a $200 fine; a second time, a seven-day ban and a $300 fine; and a third, a 30-day ban and a $400 fine. In addition, drivers who blow once in the “fail” range, or three times within five years in the “warn” range, will be required to participate in the rehabilitative Responsible Driver Program. They must also use an ignition interlock device, which tests a driver’s breath for alcohol every time they operate their vehicle, for one year.

I’m all for the new laws. There are far too many drivers that don’t think about the potential consequences of their actions. Take away their go-karts and maybe they will learn instead of continue to threaten the general population of drivers.

Now, I just have to remember to pay attention to those school zone signs!