Question: Is there a section in the Motor Vehicle Act that states in the absence of speed signage on a highway (ie a newly constructed / upgraded section), a driver will use common sense to judge what a safe speed limit would be?
Highway 33 as you leave Kelowna was completed in 2012 and designed for 80 km/h or higher. Speaking with Kelowna Highway Ministry, the speed was left at 60 km/h due to local residents concerns, but is being looked at again to see if they can raise it.
Signage was not completed until 2013 (after I received my ticket). The section in question had one 60 km/h sign at the beginning, but then went on for about 4 Km with nothing except normal highway signs such as distance to next towns.
It also had an Advanced Warning Flasher for an intersection, which are for roads / highways with posted speeds of 70 km/h or greater (conflicting signage???).
It was just prior to this intersection where the RCMP had their speed trap....right below the Advanced Warning Flasher.
Speed Limit Without Signs
The Motor Vehicle Act sets speeds of 80 km/h outside a municipality and 50 km/h inside one. The exception is a back alley where the speed limit is 20 km/h. You must see a sign instructing you otherwise in order to travel at a different speed.
Minimum Speed Limit Sign Spacing
To start with, read the topic here on Minimum Speed Sign Spacing. It also contains a discussion on the speed limit when there are no signs posted and what the officer needs to prove in court about speed signage.
If You Saw the Sign
If you drove past the initial 60 km/h sign, you are going to have difficulty in traffic court convincing the justice that the speed was anything other than 60 km/h.
Common Sense
You are never really allowed to "use common sense to judge what a safe speed would be" except when you decide to go slower than the posted speed limit for safety reasons.
Slow Driving
Here is an article discussing Slow Driving and when to choose to do so.
Advance Warning Flasher
The advance warning flasher won't have any bearing on this issue.
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