by Dr. Radut

Excessive Speed

Published by DriveSmartBC -

Radar TrapI would have thought that being faced with a fine of either $368 or $483 and 3 penalty points would make any driver hesitate to exceed the speed limit by more than 40 or more than 60 km/h. Even so, more than 10,000 drivers were fined in this manner last year in BC. Worse still, I know that this is only the start of the problem as these were just the drivers that were caught and issued the appropriate fine by police.

Will the significantly increased penalties that took effect this week force drivers to rethink the risk that they pose to other road users?

Let's look at a driver who is caught for the first time under the new legislation traveling between 41 and 60 km/h over the speed limit. Police will issue a $368 ticket and call a tow truck. The vehicle will be impounded for 7 days at a cost of at least $210. ICBC will assign a driver risk premium of $320. If the driver has already accumulated penalty points, there will be a penalty point premium to pay as well.

Didn't learn the first time? Repeat offenders face increased vehicle impound periods of 30 days for the second offence and 60 days for subsequent offences.

Are you thinking about running instead of stopping for police if you are found in this situation? Add a minimum 2 year driving prohibition, the possibility of a criminal record and jail time to everything already mentioned if you are not successful.

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Published by Anonymous (not verified) - 2010/09/29 - 17:38 | Permalink

I’m afraid I can’t agree with your comments on this one.

The big issue is due process.  Under the change introduced the Roadside Police Officer is empowered to be judge, jury, and executioner all on the spot.  There is no meaningful ability to appeal or protest.  In my experience police officers usually but not always make good decisions.  Just look at all the times they have trouble administering our impaired driving laws properly.  (Which I wholeheartedly support.)  So who says they will administer this properly either but yet there is no appeal.  You lose your car on the side of the road and I presume there is nothing you can do about it.

This clearly offends all principals of justice.  I have no problem if society deems stiff penalties are required for a particular situation so be it, but it must be done under the rules of due process not roadside cowboys.

Perhaps you could expand on "Just look at all the times they have trouble administering our impaired driving laws properly." I'm not sure that I understand what you mean by this.

Speed