Q&A - Stopping to Avoid Animals on the Highway

Here in BC stopping in certain situations is prohibited in section 189 of the Motor Vehicle Act:

When vehicle stopping prohibited

189 (1) Except when necessary to avoid conflict with traffic or to comply with the law or the directions of a peace officer or traffic control device, a person must not stop, stand or park a vehicle as follows:

(a) on a sidewalk or boulevard;

(b) in front of a public or private driveway;

(c) in an intersection, except as permitted by a sign;

(d) within 5 m of a fire hydrant measured from a point in the curb or edge of the roadway that is closest to the fire hydrant;

(e) on a crosswalk;

(f) within 6 m of the approach side of a crosswalk;

(g) within 6 m on the approach to a flashing beacon, stop sign or traffic control signal located at the side of a roadway;

(h) within 6 m either side of the entrance to or exit from a hotel, theatre, public meeting place, dance hall, fire hall or playground in rural area;

(i) within 15 m of the nearest rail of a railway crossing;

(j) subject to subsection (4), on a highway for the principal purpose of

(i) displaying a vehicle for sale,

(ii) advertising, greasing, painting, wrecking, storing or repairing a vehicle, unless repairs are necessitated by an emergency,

(iii) displaying signs, or

(iv) selling flowers, fruit, vegetables, sea foods or other commodities or articles;

(k) alongside or opposite a street excavation or obstruction when stopping, standing or parking obstructs traffic;

(l) on the roadway side of a vehicle stopped or parked at the edge or curb of a roadway;

(m) on a bridge or other elevated structure on a highway, or in a highway tunnel, except as permitted by a traffic control device;

(n) in a place in contravention of a traffic control device that gives notice that stopping, standing or parking there is prohibited or restricted;

(o) in a manner that obstructs the visibility of a standard traffic sign erected by or with the authority of the minister responsible for the administration of the Transportation Act, a municipality or a treaty first nation.

(2) A person must not move a vehicle that is not lawfully under his or her control into a place mentioned in subsection (1).

(3) Despite subsection (1) (f), a municipality may provide by bylaw that if authorized by a sign posted by the municipality a person may park a cycle or motorcycle within 6 m of the approach side of a crosswalk if the cycle or motorcycle is

(a) of a size that, and

(b) parked so that it does not obstruct a motorist's view of the crosswalk or an intersection.

(3.1) If a municipality enacts a bylaw referred to in subsection (3), or a treaty first nation enacts a law having the same effect, a person may park a cycle or motorcycle in accordance with the bylaw or law.

(4) Subsection (1) (j) does not apply to a person acting under and in accordance with an authorization given under section 62 (2) or (6) of the Transportation Act.

We must also consider section 187:

Where parking prohibited

187 (1) Subject to subsection (3), if outside of a business or residence district it is practicable to stop, park or leave a vehicle off the roadway, a person must not stop, park or leave the vehicle either unattended or attended on the roadway.

(2) Subject to subsection (3), a person must not park a vehicle so as to obstruct the free passage of traffic on the highway.

(3) Subsections (1) and (2) do not apply when a vehicle is so disabled that it is not practicable to avoid stopping and temporarily leaving it on a highway.

Finally, we must also consider the other traffic on the highway with us:

Careless driving prohibited

144 (1) A person must not drive a motor vehicle on a highway

(a) without due care and attention,

(b) without reasonable consideration for other persons using the highway, or

(c) at a speed that is excessive relative to the road, traffic, visibility or weather conditions.

(2) A person who contravenes subsection (1) (a) or (b) is liable on conviction to a fine of not less than $100 and, subject to this minimum fine, section 4 of the Offence Act applies.

So, you will find that if stopping for animals on the highway is necessary, you can do it. If you have the opportunity, stop on the edge of the road and if not, stop where reasonably possible. Consider the traffic around you and if stopping will create a bigger hazard than avoiding or only slowing down, ie: if it is inconsiderate of you to slam on the brakes, then it is possible that section 144 (1)(b) will come into play.