Colt Chamberlain was convicted in traffic court for driving at a speed of 145 km/h in a posted 90 km/h zone on highway 19 in Delta. He appealed the conviction saying that the Crown had not proven who had put up the speed limit sign. Only the minister responsible for the administration of the Transportation Act has the authority to do this.
Speed Limit Sign Law
Section 146 of the Motor Vehicle Act regulates the speed of B.C. drivers. In this case section 146(3) applies:
146 (3) If the minister responsible for the administration of the Transportation Act has caused a sign to be erected or placed on a highway limiting the rate of speed of motor vehicles or a category of motor vehicles driven or operated on that portion of the highway, a person must not, when the sign is in place on the highway, drive or operate a vehicle on that portion of the highway at a greater rate of speed than that indicated on the sign for that category of motor vehicle.
Section 201 of the Motor Vehicle Act essentially says that if there is a speed limit sign at the side of the road then the minister caused it to be placed there:
201 The existence of a sign permitted by this Act and purporting to regulate the use of the highway in any manner is evidence the sign was duly erected and maintained by the proper authority under this Act and in accordance with this Act and the regulations.
The Court's Decision
The Associate Chief Justice H. Holmes examined the law and found that the speed limit sign was properly placed and applied to Mr. Chamberlain. It was up to him to present evidence that the sign was not put up under the authority of the minister to counter the presumption of section 201.
The appeal was dismissed.
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