Driving Laws and Election Politics in British Columbia
It’s an election year in British Columbia, and changes to driving laws can be consequential in a provincial election. Glen Clark and the NDP were partially defeated because Gordon Campbell and the BC Liberals promised to eliminate photo radar. Later, the BC Liberals, under Gordon Campbell, introduced the Immediate Roadside Prohibition (IRP) scheme. Many people lost faith in his government because of it. He stepped down under pressure from his party and the public, and Christy Clark became the leader of the BC Liberals. However, she never enjoyed Gordon Campbell’s popularity.
Now, under the NDP, there has been a shift in driving laws with a focus on appeasing the cycling community. Yes, driving law is an election issue. In this case, the BC NDP are trying to win the votes of cyclists.
Recent Changes to the Motor Vehicle Act
This year saw modifications to the Motor Vehicle Act to create a new definition of road user. What is now referred to as a “vulnerable road user” includes anyone on the road who is not in a car. If you’re on a bicycle, scooter, walking, using a skateboard, or any other non-car mode of transport, you’re considered a vulnerable road user. The idea is to make roads safer for alternative means of traffic such as e-bikes and electric scooters.
One significant change is the requirement to give at least one meter of space when passing a vulnerable road user. This makes sense, and there were consequential changes to permit this. For example, now you can drive over a solid line or even a double solid line legally, provided you are doing so safely and to comply with the law regarding passing a vulnerable road user. Additionally, when behind a bicycle, you need to stay at least three meters behind in normal circumstances. This measure aims to create a safer driving environment for all road users, from pedestrians and cyclists to motorists. One may think that this is merely pandering to the cycling community, however.
Overpass Strikes and Commercial Vehicle Penalties
British Columbia has a problem with overpass strikes. When it gets right down to it, this is an individual driver mistake. No truck driver sets out with the intention of carelessly striking an overpass. However, due to criticisms of government inaction, there are now increased penalties of up to $100,000 and possible jail time for commercial drivers who cause damage to an overpass or similar infrastructure. The government came down hard on one trucking company this year, rescinding their license following multiple significant incidents.
The requirement for speed limiters in trucks, cameras in trucks, and equipment to maintain recordings will likely make it easier for police to prosecute drivers of heavy commercial trucks when they commit offences. While this could be seen as a significant infringement on privacy rights, the privacy expectation is lower in a commercial vehicle than in a private vehicle. Commercial vehicles are heavily regulated and pose a substantial threat to other road users. It will be interesting to see how the law develops as courts interpret these new provisions.
The Political Impact of Driving Law
Elections are funny things. Rarely do we see government change in response to driving rules and regulations. Occasionally, one may look at highway maintenance or expansion as an attempt to buy votes in a region. Sometimes, as we saw with photo radar, a promise made by one party about driving law can significantly impact election outcomes. Still, elections don’t typically turn based on a government promising more freedom for drivers. On the contrary, no government has ever lost an election by promising to take away procedural protections of people being investigated for driving offences.
Elections matter
The recent changes to driving laws in BC may be viewed cynically as an attempt to appease the electorate. One can say the same about other aspects of law. However, the changes to driving laws are likely to have an impact on regular people on a day-to-day basis. In this respect, the politics of driving law does, in fact, drive the law, whether or not people vote in regards to driving law issues.
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We’re the BC Driving Lawyers, and we have been defending driving cases in British Columbia for over a quarter of a century.