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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 02-15-2016, 08:22 PM   #1
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Define: "Roadway"

From the following definitions, it appears that a "roadway" is a portion of a "highway". A "highway" appears to include parking spots, but can a "roadway" also include parking, such as angled parking? Or is the "roadway" only as wide as the portion of the highway designated for moving traffic?



"highway" includes
(a) every highway within the meaning of the Transportation Act,
(b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and
(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited,


"roadway" means the portion of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and if a highway includes 2 or more separate roadways, the term "roadway" refers to any one roadway separately and not to all of them collectively;
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Old 02-15-2016, 08:43 PM   #2
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The meaning of "roadway" will always include one thing sebberry didn't think of... because after all, he wouldn't be sebberry without something to complain about.
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Old 02-15-2016, 08:53 PM   #3
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Thanks Soundy, awesome help as always
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Old 02-16-2016, 06:49 AM   #4
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Quote:
Originally Posted by sebberry View Post
From the following definitions, it appears that a "roadway" is a portion of a "highway". A "highway" appears to include parking spots, but can a "roadway" also include parking, such as angled parking? Or is the "roadway" only as wide as the portion of the highway designated for moving traffic?



"highway" includes
(a) every highway within the meaning of the Transportation Act,
(b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and
(c) every private place or passageway to which the public, for the purpose of the parking or servicing of vehicles, has access or is invited,


"roadway" means the portion of the highway that is improved, designed or ordinarily used for vehicular traffic, but does not include the shoulder, and if a highway includes 2 or more separate roadways, the term "roadway" refers to any one roadway separately and not to all of them collectively;
Does not include the shoulder..

Angle parking is not done on the shoulder. The shoulder is the area to the right of the fog line. A roadway includes angle parking as it is not the shoulder. The definition above defines "roadway". Clear as mud?
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Old 02-16-2016, 08:54 AM   #5
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Ok, so the roadway is for vehicular traffic.

Let's find "traffic" defined in the act:

""traffic" includes pedestrians, ridden or herded animals, vehicles, cycles and other conveyances, either singly or together, while using a highway to travel;"

Do you travel in parking spots? Honest question - is the act of parking considered travel?



Here's two angled parking examples:
No fog line, curb at far end of parking stalls: You maintain that these spaces are in fact part of the roadway.
https://www.google.ca/maps/@48.42582...2!8i6656?hl=en


How about these ones? You'll see that the vehicles must traverse some form of curb to get into the parking spots. Does this type of curb define the edge of the roadway, or does the "roadway" still extend to the sidewalk-end of the parking spots?

https://www.google.ca/maps/@48.42635...2!8i6656?hl=en
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Old 02-16-2016, 09:17 AM   #6
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Yes....and yes...you have to travel to park and un-park the car. Pictures....yes and yes.
Sounds like you got another ticket and are trying to hair-split your way out of it?
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Old 02-16-2016, 09:23 AM   #7
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Nope, not my ticket...
And frankly the law is written very specifically for a reason. You may call it splitting hairs, but claiming hair splitting on the part of the defense isn't justification enforcing a law improperly


Have a look at this. Where's the "curb"?



From the Victoria parking bylaws:

Quote:
(3) The driver of a vehicle must park it in a space in an Angle Parking Zone so that the curb or edge of the roadway is at the forward end of the vehicle.
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Old 02-27-2016, 08:34 AM   #8
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Quote:
Originally Posted by Brianrietta
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