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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 09-04-2011, 06:00 PM   #1
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MVA 146 (1)

Just dug up a 2 month old traffic ticket of mine that I had already delivered a notice of dispute for, I decided to take a look at what the offence actually was.

Quote:
146 (1) Subject to this section, a person must not drive or operate a motor vehicle on a highway in a municipality or treaty lands at a greater rate of speed than 50 km/h, and a person must not drive or operate a motor vehicle on a highway outside a municipality at a greater rate of speed than 80 km/h.
This is a direct quote from the BCLaws.ca document and it's all that is under 146 (1)

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On Alderbridge Way where I was ticketed between garden city and no. 4
the speed limit is 60km/h, 146 (1) says you must not drive at a greater rate of 50km/h and nothing more, does this mean the offence is inaccurate?

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The reason I decided to dispute this ticket was because I know for certain that I was not speeding at the time, when I was ticketed I was still in first gear and my car cuts off at 50km/h exactly in 1st gear, the officer also didn't radar me and was unable to tell me how fast I was going when he pulled me over. Regardless, I am just wondering about the wording of 146 (1) and the fact that the posted speed limit was above 50km/h
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Old 09-04-2011, 06:12 PM   #2
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That section you quoted is a default speed limit when there are no other signs posted. The posted sign is the speed you do.

What clocked speed was indicated on the ticket?
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Old 09-04-2011, 06:13 PM   #3
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Quote:
Originally Posted by sebberry View Post
That section you quoted is a default speed limit when there are no other signs posted. The posted sign is the speed you do.

What clocked speed was indicated on the ticket?
There is no clocked speed on the ticket

146 (1) doesn't say anything about posted speeds though which was why I was curious, the wording is poor, I know it is common sense but would that be a valid point to make? Is there another 146 (1) out there? lol
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Old 09-04-2011, 06:14 PM   #4
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Read the next subsection:
Quote:
146 (1) Subject to this section, a person must not drive or operate a motor vehicle on a highway in a municipality or treaty lands at a greater rate of speed than 50 km/h, and a person must not drive or operate a motor vehicle on a highway outside a municipality at a greater rate of speed than 80 km/h.

(2) The minister responsible for the administration of the Transportation Act may, by causing a sign to be erected or placed on a highway limiting the rate of speed of motor vehicles or a category of motor vehicles driven or operated on that portion of the highway, increase or decrease the rate of speed at which a person may drive or operate a motor vehicle or a category of motor vehicle on that portion of the highway.
There are 9 more subsections that deal with exceptions to (1).
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Old 09-04-2011, 06:18 PM   #5
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Quote:
Originally Posted by Soundy View Post
Read the next subsection:


There are 9 more subsections that deal with exceptions to (1).
wouldn't that be a different offence? shouldn't there be a difference between an officer writing an offence for 146 (2/3/etc) and 146 (1)?

Sorry this is my first ticket and I don't know much about them, and the RS search bar doesn't really help me
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Old 09-04-2011, 06:22 PM   #6
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146 as a whole deals with speed limits in general.
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Old 09-04-2011, 06:26 PM   #7
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Quote:
Originally Posted by Soundy View Post
146 as a whole deals with speed limits in general.
I understand that but he wrote me up a ticket for 146 (1) explicitly,
It's a very different offence compared to something like 146 (11), it just seems like when something is explicitly stated on the ticket it should be that offence explicitly, not in general, not sure if "in general" holds water in court

Quote:
(11) A person must not drive or operate a motor vehicle on a lane in a municipality that has enacted a bylaw under subsection (8) or in the treaty lands of a treaty first nation that has enacted a law having the same effect at a greater rate of speed than 20 km/h.
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