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Behind-the-Wheel

Driving on the shoulder

Our highways are not for the exclusive use of motor vehicles. Bicycles, pedestrians, equestrians and others may be expected to use their fair share of the highway as well. In fact, in some ways the shoulder of the road could be considered to be their domain and not that of the driver.

The shoulder of the highway is the area to the right of the solid white line at the right side of the roadway, or the part of the highway to the right of the pavement if that solid white line is not present. The roadway is between the centre of the highway and the shoulder.

Drivers must drive on the roadway, not the shoulder. Passing on the right off of the roadway and driving on the shoulder to allow others to pass are common violations of this rule.

Many drivers regularly fail to confine the path of their vehicle to the roadway, particularly in curves, putting both themselves and those on the shoulder at risk. This can be easy to identify when the inside of a corner is kept free of gravel or the shoulder line is worn away in comparison to nearby straight roadway.

Bicycle riders are required to ride as near as is practical to the right side of the highway, but not on the sidewalk or off of the pavement. This most often means that cyclists will be found on the paved shoulder of the road.

Pedestrians must not walk on the roadway if there is a sidewalk present. If they choose not to use the sidewalk when only one side of the road has one, walking on the shoulder opposite is acceptable.

Horses and horse drawn vehicles are required to use the roadway just like the drivers of cars and trucks. Riders may choose to use the shoulder to yield the right of way to faster motor vehicles in the same fashion that a slow driver would.

Just as a child learns to colour properly by staying within the lines, so must the driver. Staying between the lines is a required skill that will serve you and other highway users well during your driving career. It will also save wear and tear on the lines themselves, leaving them easy to see as a guide for others.

This story also appears on DriveSmartBC.



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Let's block the road

When I was posted in the Okanagan in the 1990s, I was answering phones in the detachment dispatch office. A caller from Summerland asked what would happen if he decided to take his protest sign down to the highway and conduct his own personal blockade. He expressed the opinion that if he did that the police would arrive quickly, and if he did not move he would be removed. I couldn't argue his point.

This past week has seen a number of blockades of B.C. highways and other places, so I thought that it would be interesting to examine why groups were permitted to disrupt our everyday travels to express a point.

My first stop was the Guide to the Law of Protest published by McGrady Law of Vancouver. This document outlines some history of civil disobedience in B.C., examines a person's right to protest, outlines how to conduct yourself and how the law may be applied to you when you do.

Next, I contacted the Ministry of Public Safety & Solicitor General via the media contact information. All that they would say, beyond the fact that the Motor Vehicle Act did not direct police to dismantle blockades, was that the ministry did not get involved in day-to-day police operations. When asked about setting government policy all further email was ignored.

Government policy is published in the form of the Crown Counsel Policy Manual on Civil Disobedience and Contempt of Related Court Orders. This guides Crown lawyers in deciding whether they should prosecute protesters or not. I don't doubt that this guides police decisions as well.

Media relations with the RCMP in B.C. were helpful. They explained that each situation is evaluated separately and that a balance had to be struck between Charter rights, criminal actions, court orders and public safety. Where there is no court order, police can rely on the Criminal Code and common law powers in the event of violence or criminal actions by protesters.

Police resources to cope with the size of the protest group is without a doubt an important consideration.

Finally, the most assistance came from the B.C. Civil Liberties Association (BCCLA):

First of all, regarding the “free passage of traffic,” operating a motor vehicle is a privilege not a right.

Second, streets are blocked off for various reasons on a regular basis. Examples include activities related to the film industry, parades, marathons, and marches. Police are present to ensure that the scene is safe and the traffic is diverted. These events typically occur on main thoroughfares. A double standard applied in the case of lawful protest would be unreasonable.

Third, roads are public places in which political expression can take place. The rights to freedom of expression and assembly are enshrined in the Canadian Charter of Rights and Freedoms, and are necessary in a free and democratic society. Furthermore, the police have a duty to ensure a safe environment for members of the public to express themselves through non-violent protest and civil disobedience.

Finally, during the course of their duties, police are constantly balancing interests and re-evaluating their discretion. In the event of an emergency, police have the option to use their discretion to clear the way for an emergency vehicle. A court would likely uphold the infringement of Charter-protected rights to allow for the safe passage of an emergency vehicle.

A counter-protest to a blockade on Highway 19 in Courtenay did result in an arrest and an end to the blockade. The original protesters left out of concern for their own safety.

Returning to the inquiry that I mentioned at the start of the article, the BCCLA says that there is no difference between the right of the individual and the right of the group to protest, but I do wonder what would happen.

This story also appears on DriveSmartBC



Can stop kid from driving

A young person's brain is not fully matured until the age of 25. The prefrontal cortex manages executive functions such as impulse control and weighing consequences but may not do a great job of it for teenagers. If you are faced with a teen driver who is consistently making bad choices, what do you do?

This is a serious consideration as the BC Injury Research and Prevention Unit says that motor vehicle collisions are one of the leading causes of unintentional injury and death across all ages in BC.

The stage is set by parents long before the child learns to drive. As with many things in life, our children tend to follow our example. As I discussed in Perpetuating Mediocrity, some parents are ill equipped to teach a new driver.

The Graduated Licensing Program (GLP) sets some restrictions on new drivers to limit their exposure to risk. Parents need to be supportive in ensuring that these restrictions are obeyed and by establishing reasonable expectations for driving behaviour. If these expectations are consistently not met, there need to be explicit consequences. You may even consider the use of a family contract as a pre-condition before granting permission for your child's first licence.

In the days before the GLP parents had a strong control over their children who had not reached the age of 18. If the child was not driving properly the parent could withdraw their consent and ICBC would cancel the child's drivers licence. This was an effective control over wayward young drivers.

The problem with this was that some parents used the system to impose their will on children for purposes not related to driving. This became apparent and the privilege was removed from the legislation. Once the child was licensed, the courts or the Superintendent of Motor Vehicles were the only entities that could cancel drivers licences.

If the child did not own their own vehicle, the only control that parents had was to restrict access to a vehicle. This is not as effective these days as many young people aged 16 and 17 do own their own vehicles.

There are still two tools of last resort that a parent can use to stop an irresponsible youth from driving before they harm themselves or others.

The first is a letter to the Superintendent of Motor Vehicles. If the Superintendent is satisfied that the youth presents a danger, he may prohibit the person from driving in the public interest. Police will enforce the prohibition.

The second is to withdraw consent for the registration and licensing of the youth's vehicle by writing to ICBC. The licence plates will be cancelled, effectively ending the ability to drive that vehicle legally. The police will also enforce driving without proper vehicle licence.

This is not a step to be take lightly by parents. If the withdrawal of consent for registration and vehicle licensing is abused, no doubt it will also be removed from the legislation as well.

This story also appeared on DriveSmartBC.



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30 km/h in residential areas?

Currently the B.C. Motor Vehicle Act sets a speed limit of 50 km/h on municipal streets when a different speed limit has not been posted by signs. 

A recent survey by Research Co. found that 58% of British Columbians would definitely or probably like to see residential speed limits of 30 km/h. This past fall the Union of B.C. Municipalities resolved to ask the Minister of Transportation and Infrastructure to amend the Motor Vehicle Act to allow municipalities to set this blanket speed limit.

Municipalities already have the power to implement 30 km/h speed zones anywhere within their boundaries through the use of signs. The amendment would save the effort and expense of installing more signs.

There are five justifications to make the change in this resolution:

The provincial government surveyed municipalities in 2015 as part of the Road Safety Strategy. Not surprisingly, the top two issues of concern reported were vehicle speeds and pedestrian safety.

What should be surprising is that the survey also found that formal municipal road safety program components are rare. Less than one third have a formal mandate to improve road safety and few have developed visions, plans or targets.

Less than half of municipalities have committees with a road safety mandate or road safety improvement programs or projects.

Of nine potential sources of road safety data suggested, most municipalities relied on public comments and complaints instead of something like a Sustainable Transportation Assessment for Neighbourhoods.

Residents usually request traffic calming changes on their streets to remedy safety issues. Municipalities such as Maple Ridge, North Cowichan and West Kelowna do have policies in place for this. They follow the Canadian Guide to Neighbourhood Traffic Calming produced by the Transportation Association of Canada. It's expensive to buy and is not available to read for free on line or in my local library so we can to refer to chapter 2 of the B.C. Community Road Safety Toolkit instead.

What do you think our provincial government's response to this request will be?

This story also appears on DriveSmartBC.



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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