Quote:
Originally Posted by Culverin
(Post 7351026)
If this particular instance of peeling happened in a private parking lot (strip mall?), does that cop hold any jurisdiction over it?
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I thought I'd help clarify this issue. Disclaimer: don't take this as legal advice though.
Short version: Places like parking lots, your own driveway, are considered private roads which the public can have access to with permission of the owner of the private road. Persons driving on private roads can be charged with offences under the
Motor Vehicle Act unless the owner or lessee of the motor vehicle that is being driven is also the owner and licensee of the private road. Note the language used is "owner and lessee of the motor vehicle", so your buddy that is driving
your car on
your road gets similar immunity from being charged. However, there are numerous exceptions to this immunity; if you're prohibited from driving for a multitude of reasons, or were driving without due care and attention, excessive speed, dangerously, etc., you can still be charged with an offence.
Quote:
Originally Posted by Supafly
(Post 7351035)
nothing is private property unless its where you live i believe...you can get roasted for doing stupid shit in parking lots.
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Don't have to live there. Your own driveway qualifies as a private road, but so do parking lots where it is also a private road owned by the property owner. But you're right, driving carelessly in parking lots would not give you the benefit of the "immunity" provision as careless driving without due care and attention is caught under an exemption.
Quote:
Originally Posted by highfive
(Post 7351079)
IMO The government holds jurisdictions on driving a motor vehicle. Hence you are given a license to drive. The cop can withhold your right in driving if he sees you violating any laws. It doesn't matter if it's private or public property? Am I right?
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It technically does matter if it is a private or public road on which you are committing violations of the
Motor Vehicle Act. But from a more practical perspective: no, it doesn't matter unless you own a lot of private property.
Quote:
Originally Posted by MWR34
(Post 7351957)
all parking lots are considered public roads aswell. thats why underage drivers cant practice for fun.
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Parking lots (assuming we're talking about the general kinds outside stores and malls as opposed to those on parks and other public property) are considered private roads. But underage drivers still can't practice because the "immunity" provision of s. 2(9)(a) that I will reproduce below doesn't apply because of s. 2(10) which precludes application of s. 2(9)(a) unless the driver is licensed and insured.
Long version:
Motor Vehicle Act [RSBC 1996] Chapter 318
[Governing provision of the issue]
Section 2(9) Except under sections 95, 102 and 144, a person must not be charged with or convicted of an offence under the Motor Vehicle Act as the result of the driving or operation of a motor vehicle or trailer
(a) on a private road owned by the owner or lessee of the motor vehicle
[Definition of private road]
Section 2(1) In this section, "private road" means a private road used by the public for vehicular traffic with permission of the owner or licensee of the road.
[Exceptions]
Section 2(10) Despite this section [referring to s.2(9)], but subject to subsection (11), a person must not drive or operate a motor vehicle or trailer referred to in this section unless
(a) the person holds a subsisting driver's licence of a class appropriate to the category of motor vehicle driven or operated,
(b) the person is insured under a valid and subsisting driver's certificate, and
(c) the motor vehicle and the trailer, if any, are insured under a valid and subsisting motor vehicle liability policy evidenced by an owner's certificate.
Sections 95, 102, 144
[This would be too long to write out completely, look it up yourself. Generally deals with prohibitions of driving due to court order, firtness or ability to drive, 24 hour prohibitions, automatic roadside driving prohibitions, and also importantly, careless driving - without due care and attention, reasonable consideration for other road users, excessive speed relative to conditions]
