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Behind-the-Wheel

Parking Lot Collision

I have heard that the rules for a "collision" in a parking lot are different than those for streets/highways. Can you clarify this for me? And, if true, how is "fault" determined and by whom?

A: The rules of the roadways in British Columbia include parking lots. Contrary to popular belief, parking lots are considered roadways. If the public has access, it is not private property. The police do attend collisions in parking lots. Most parking lot collisions reported are hit and runs, however charges can be laid for parking lot offenses.

Evidence at a collision scene can be one determining factor for fault in the police investigation. Insurance fault is determined by insurance companies which has nothing to do with a police investigation.

A "highway" includes
(a) every highway within the meaning of the Highway Act,
(b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and
(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited.
A "Private road" means a private road used by the public for vehicular traffic with permission of the owner or licensee of the road. Unless there are signs indicating it is private property a roadway or parking lot is considered public domain.

Constable R.A.(Richard) ASELTON
Central Okanagan Traffic Services - Media Liaison
Kelowna R.C.M.P. Detachment

This article is written by or on behalf of an outsourced columnist and does not necessarily reflect the views of Castanet.



More Behind the Wheel articles

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About the Author

Tim Schewe is a retired constable with many years of traffic law enforcement experience. He has been writing his column for most of the 20 years of his service in the RCMP.

The column was 'The Beat Goes On' in Fort St. John, 'Traffic Tips' in the South Okanagan and now 'Behind the Wheel' on Vancouver Island and here on Castanet.net.

Schewe retired from the force in January of 2006, but the column has become a habit, and continues.

To comment, please email

To learn more, visit DriveSmartBC



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The views expressed are strictly those of the author and not necessarily those of Castanet. Castanet does not warrant the contents.

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