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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 12-28-2010, 07:41 PM   #1
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N with family

its been looong time since ive had my N so i cant remember about this rule.

one of my cousins recently got his N, can i make him be me and my other cousins designated driver? or is it that he can only have 1 passenger unless its direct family (brother/sister/mother/father)? do cousins apply to that rule as well?
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Old 12-28-2010, 07:47 PM   #2
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They must be direct family members (ie brother, sister, mom). But i believe that if your cousin lived with you he would be considered a direct fam member (someone get me if im wrong).

My friend tried the cousin one at a roadblock but still got a ticket (cop said cousin doesnt count, plus we were still over by 2).
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Old 12-28-2010, 08:03 PM   #3
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Quote:
Originally Posted by mangoo- View Post
They must be direct family members (ie brother, sister, mom). But i believe that if your cousin lived with you he would be considered a direct fam member (someone get me if im wrong).

My friend tried the cousin one at a roadblock but still got a ticket (cop said cousin doesnt count, plus we were still over by 2).
I think it is immediate family members so it would have to be brother, sister, mother and father. No one else unless you have a "supervisor" who is someone age 25+ w/ a class 5 license.
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Old 12-28-2010, 08:07 PM   #4
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If you're over 25 with a Class 5, I think the rule is invalidated. But I'm gonna guess that if you're under the influence, the invalidation is negated.
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Old 12-28-2010, 09:00 PM   #5
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Instead of speculating I got this from the ICBC website in 15 seconds...
Novice drivers (N)

You are limited to 1 passenger—unless you're driving a passenger vehicle and have a supervisor 25 years or older with a valid Class 1, 2, 3, 4, or 5 driver's licence.

What about family members? This restriction does not apply to immediate family members: mother, father, sister, brother, child, spouse, grandparent, grandchild; including step and foster relationships.
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Old 12-30-2010, 09:18 PM   #6
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thats BS

i tried the step bro thing and buddy still got ticketed lol....

and the cop said it doesn't matter if its step- related... wahtta prick
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Old 12-30-2010, 10:57 PM   #7
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thats BS

i tried the step bro thing and buddy still got ticketed lol....

and the cop said it doesn't matter if its step- related... wahtta prick
Was he actually your step brother?

OR were you just BSing?

If it was really your step brother, I can see a it being a successful dispute.
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Old 12-30-2010, 11:04 PM   #8
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My buddy was pulled over with 4 passengers with his N after a party, got away without a ticket. completely blown away cause he had a few drinks and the cop didnt notice.
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Old 12-31-2010, 05:29 AM   #9
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Quote:
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My buddy was pulled over with 4 passengers with his N after a party, got away without a ticket. completely blown away cause he had a few drinks and the cop didnt notice.
most stories don't end up like this. Don't count on being lucky with a cop, worry more about getting home safely.
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Old 12-31-2010, 06:10 AM   #10
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Quote:
Originally Posted by zulutango View Post
Instead of speculating I got this from the ICBC website in 15 seconds...
Novice drivers (N)

You are limited to 1 passenger—unless you're driving a passenger vehicle and have a supervisor 25 years or older with a valid Class 1, 2, 3, 4, or 5 driver's licence.

What about family members? This restriction does not apply to immediate family members: mother, father, sister, brother, child, spouse, grandparent, grandchild; including step and foster relationships.
so does this mean that if the 25 or older with class 5 is drunk, its still ok for the N driver to drive with 2+ passenger? or does the class 5 driver needs to be absolutely sober... i would think he needs to be sober but would like to be sure
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Old 12-31-2010, 08:15 AM   #11
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If the 25 year old was drunk he could be chareged for having care and control of the vehicle while impaired. He is supposed to be supervising = controling the N driver. I have convicted an impaired supervisor with an L driver before.
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Old 01-01-2011, 04:47 PM   #12
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most stories don't end up like this. Don't count on being lucky with a cop, worry more about getting home safely.
ive driven thru a white rock roadblock after having 2 rockstar vodka's with my N and they let me thru lol
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Old 01-01-2011, 04:58 PM   #13
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ive driven thru a white rock roadblock after having 2 rockstar vodka's with my N and they let me thru lol
wow, dude that is completely bad freakin ass. Were you just all like then did some drugs n shit
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Old 01-02-2011, 05:38 PM   #14
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ive driven thru a white rock roadblock after having 2 rockstar vodka's with my N and they let me thru lol
Dumbass.
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Old 01-02-2011, 06:58 PM   #15
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Yep...lotta bad behaviour..drinking with a N, driving with zero alcohol, feeling cocky enough to bluff it out at a road check.
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Old 01-02-2011, 08:02 PM   #16
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Does a common law spouse count as an immediate family member, I've lived with my gf for two years so it would be nice to not count her as a passenger?


Quote:
Originally Posted by ilmatic View Post
My buddy was pulled over with 4 passengers with his N after a party, got away without a ticket. completely blown away cause he had a few drinks and the cop didnt notice.
Your friends not lucky to have gotten off without a ticket, he's lucky to have not gotten into an accident, because his insurance would have been void.
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Old 01-03-2011, 01:48 PM   #17
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After 6 months of cohabitation I believe you would legally be considered "married". Show the Police her ID with the same address and things like power bills, phone bills, credit cards etc and that would support your claim.
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Old 01-03-2011, 02:45 PM   #18
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It's probably obvious enough, but recently my coworker who has a class 5 and his wife has a class 7 had questions regarding the rule. He was too drunk to drive after a xmas party, so he let his wife drive him and his two kids home. Although it doesn't say directly, it won't apply to "Wife or Husband" either :P

This restriction does not apply to immediate family members: mother, father, sister, brother, child, spouse, grandparent, grandchild; including step and foster relationships
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Old 01-03-2011, 05:25 PM   #19
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Originally Posted by optiblue View Post
It's probably obvious enough, but recently my coworker who has a class 5 and his wife has a class 7 had questions regarding the rule. He was too drunk to drive after a xmas party, so he let his wife drive him and his two kids home. Although it doesn't say directly, it won't apply to "Wife or Husband" either :P

This restriction does not apply to immediate family members: mother, father, sister, brother, child, spouse, grandparent, grandchild; including step and foster relationships
That would mean husband/wife/common law partner. If your co worker's wife was a Learner or restrictions on her DL required a "supervisor", he could have been charged for having care and control. By not getting behind the wheel he made the right choice but he may have found himself in trouble if he was supposed to be supervising her. I'm not sure of what restrictions she had so this may or may not have been a consideration.

Operation while impaired

253. Every one commits an offence who operates a motor vehicle or vessel or operates or assists in the operation of an aircraft or of railway equipment or has the care or control of a motor vehicle, vessel, aircraft or railway equipment, whether it is in motion or not,

(a) while the person's ability to operate the vehicle, vessel, aircraft or railway equipment is impaired by alcohol or a drug; or

(b) having consumed alcohol in such a quantity that the concentration in the person's blood exceeds eighty milligrams of alcohol in one hundred millilitres of blood

Last edited by zulutango; 01-03-2011 at 05:32 PM.
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Old 01-03-2011, 08:32 PM   #20
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After 6 months of cohabitation I believe you would legally be considered "married". Show the Police her ID with the same address and things like power bills, phone bills, credit cards etc and that would support your claim.
One year of cohabitation in a marriage like relationship is the definition of common law spouse, its not six months anymore. I can't believe I didn't realize this till now. The only ticket I've ever received is driving contrary to restrictions for driving with her and one other passenger, I could have claimed her as a spouse

Thanks Zulutango!
Very helpful as always.
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Old 01-03-2011, 11:55 PM   #21
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One year of cohabitation in a marriage like relationship is the definition of common law spouse, its not six months anymore. I can't believe I didn't realize this till now. The only ticket I've ever received is driving contrary to restrictions for driving with her and one other passenger, I could have claimed her as a spouse

Thanks Zulutango!
Very helpful as always.
If that VT has not yet gone to court you might consider disputing it, based on what you now know.?
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Old 01-04-2011, 12:37 AM   #22
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If that VT has not yet gone to court you might consider disputing it, based on what you now know.?
To late, I paid the ticket immediately because at the time I thought I was at fault. I'll definitely keep his in the mind in the future though, certainly not the most expensive mistake I've made.
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Old 01-04-2011, 12:30 PM   #23
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To late, I paid the ticket immediately because at the time I thought I was at fault. I'll definitely keep his in the mind in the future though, certainly not the most expensive mistake I've made.


You been divorced too?
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Old 01-04-2011, 01:35 PM   #24
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You been married too?
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Old 01-04-2011, 02:34 PM   #25
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wow, dude that is completely bad freakin ass. Were you just all like then did some drugs n shit
Well he IS from Surrey, land of the hardcore drinking N drivers and wank...oops I meant gangsters.
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