Dear Cop - Obstruction Of Traffic

I would like to say thank you for a very informative web site. I really enjoy the opportunity to be reminded of the traffic laws and safe driving tips.

I have two questions:

1) What constitutes obstruction of traffic? i.e. A vehicle doing 80 km/h in a 100 km/h zone with bare and dry conditions and no safe way to pass.

2) What constitutes racing? At what speed over the posted limit is it considered racing. Especially with in the boundaries of a city or municipality where the posted limit is 50 km/h

In answer to your first question, a slow driving vehicle in the conditions you have written about is illegal.

Slow driving
Section 145 (1) of the Motor Vehicle Act indicates that a person must not drive a motor vehicle at so slow a speed as to impede or block the normal and reasonable movement of traffic, except when reduced speed is necessary for safe operation or in compliance with law.
(2) If the driver of a motor vehicle is driving at so slow a speed as to impede or block the normal and reasonable movement of traffic, a peace officer may require the driver to increase his or her speed, or to remove the motor vehicle from the roadway to the nearest suitable place and to refrain from causing or allowing the motor vehicle to move from that place until directed to do so by a peace officer.

In response to your second question, racing is a term associated with Street Racing and it does not have to include a specific speed.
Section 241 of the Motor Vehicle Act indicates the definition of "race" means circumstances in which, taking into account the condition of the road, traffic, visibility and weather, the operator of a motor vehicle is operating the motor vehicle without reasonable consideration for other persons using the highway or in a manner that may cause harm to an individual, by doing any of the following:
(a) outdistancing or attempting to outdistance one or more other motor vehicles
(b) preventing or attempting to prevent one or more other motor vehicles from passing
(c) driving at excessive speed in order to arrive at or attempt to arrive at a given destination ahead of one or more other motor vehicles

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

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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.

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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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