Regulatory and Advisory Signs

Speed SignDrivers are often confused about the difference between a regulatory sign and an advisory sign. A regulatory sign generally has black characters or symbols on a white background and an advisory sign has black characters or symbols on a yellow background. So, what’s the difference?

The regulatory sign must be obeyed exactly as it is read. Examples of regulatory signs include speed limits, turn restrictions, parking restrictions and directional instructions. Failure to obey these signs is an offence and the driver may be charged if they choose not to follow the instruction.

If there is not a specific offence such as speeding or failing to stop for the regulatory sign, a traffic ticket for disobeying a traffic control device may be issued to the driver.

An advisory sign gives advance notice of conditions on or adjacent to a highway that are potentially hazardous to traffic. A driver may choose whether or not to follow the suggestion given by the sign. Ignoring the advice is not an offence in itself, but anything that happens because the signs are not given consideration may be an offence.

A common advisory sign is the large diamond shaped sign shows a black arrow on a yellow background telling drivers of a curve ahead. Underneath it is a smaller square sign with black lettering on a yellow background showing a speed of 30 km/h.

The example of the curve was chosen to illustrate a point. We have often seen these signs and then travelled around the curve comfortably at speeds higher than that suggested. In those cases the shape of the curve and the road condition could accommodate the vehicle travelling at the higher speed.

So why was the speed warning there? Often it is because the driver’s line of sight is restricted. This would prevent the driver from seeing and reacting to a hazard in or just beyond the corner unless the speed was at or less than that suggested. Heavy trucks may also be required to slow for the corner to prevent tipping over.

A relatively new (since 2012) advisory sign is black on a pink background. These signs warn of an emergency incident ahead and tell drivers to expect responders on the roadway. Proceed with caution as full temporary traffic control may not yet have been established.

Failure to obey an advisory sign is only an offence if something happens as a result of ignoring the advice and the offence is generally for the misadventure that occurs.

Need a quick brush up on what road signs mean? Drop by your local Driver Service Center (where you renew your driver’s licence) and ask for a free copy of Learn to Drive Smart. The signs, signals and road markings are explained in Chapter 3.

Reference Links:

#JustDrive – SGI: 284 impaired driving offences reported in January

Feb 25, 2020

Getting arrested for driving impaired is a terrible way to start off the new year, as 284 people found out in January.

The January spotlight found police across the province reporting 231 Criminal Code charges for impaired driving and 53 roadside administrative suspensions.

While many New Year’s resolutions have already fallen by the wayside, it’s important to commit to drive sober or plan a safe ride home when you know you’ll be impaired by drugs or alcohol. Saskatchewan has tough consequences for impaired drivers, and impaired driving is the leading cause of death on Saskatchewan roads.

Distracted driving tickets decline for third consecutive month

The number of reported distracted driving offences continued to trend lower in January after seeing significant drops in both November and December. Police reported 509 tickets issued last month (including 405 for cellphone use).

Remember, distracted driving penalties increased Feb. 1, but police officers were keeping a close eye on distracted drivers long before the change, and will continue to focus on this issue.

In January, police in Saskatchewan also reported the following:

  • 428 tickets related to seatbelts and car seats and,
  • 5,563 tickets for speeding and aggressive driving.

February’s Traffic Safety Spotlight continues to be on distracted driving. Avoiding a big ticket (plus demerits, and vehicle impoundment for a repeat offence) is easy. Leave the phone alone, be wary of other behaviours that might distract you, and #JustDrive.

Driving on the Shoulder

No Driving on Shoulder SignOur highways are not for the exclusive use of motor vehicles. Bicycles, pedestrians, equestrians and others may be expected to use their fair share of the highway as well. In fact, in some ways the shoulder of the road could be considered to be their domain and not that of the driver.

The shoulder of the highway is the area to the right of the solid white line at the right side of the roadway, or the part of the highway to the right of the pavement if that solid white line is not present. The roadway is between the center of the highway and the shoulder.

Drivers must drive on the roadway, not the shoulder. Passing on the right off of the roadway and driving on the shoulder to allow others to pass are common violations of this rule.

Many drivers regularly fail to confine the path of their vehicle to the roadway, particularly in curves, putting both themselves and those on the shoulder at risk. This can be easy to identify when the inside of a corner is kept free of gravel or the shoulder line is worn away in comparison to nearby straight roadway.

Bicycle riders are required to ride as near as is practical to the right side of the highway, but not on the sidewalk or off of the pavement. This most often means that cyclists will be found on the paved shoulder of the road.

Pedestrians must not walk on the roadway if there is a sidewalk present. If they choose not to use the sidewalk when only one side of the road has one, walking on the shoulder opposite is acceptable.

Horses and horse drawn vehicles are required to use the roadway just like the drivers of cars and trucks. Riders may choose to use the shoulder to yield the right of way to faster motor vehicles in the same fashion that a slow driver would.

Just as a child learns to colour properly by staying within the lines, so must the driver. Staying between the lines is a required skill that will serve you and other highway users well during your driving career. It will also save wear and tear on the lines themselves, leaving them easy to see as a guide for others.

Reference Links:

Let’s Block the Road!

When I was posted in the Okanagan in the 1990s I was answering phones in the detachment dispatch office. A caller from Summerland asked what would happen if he decided to take his protest sign down to the highway and conduct his own personal blockade. He expressed the opinion that if he did that the police would arrive quickly and if he did not move he would be removed.I couldn’t argue his point.

This past week has seen a number of blockades of B.C. highways and other places, so I thought that it would be interesting to examine why groups were permitted to disrupt our everyday travels to express a point.

My first stop was the Guide to the Law of Protest published by McGrady Law of Vancouver. This document outlines some history of civil disobedience in B.C., examines a person’s right to protest, outlines how to conduct yourself and how the law may be applied to you when you do.

Next, I contacted the Ministry of Public Safety & Solicitor General via the media contact information. All that they would say beyond the fact that the Motor Vehicle Act did not direct police to dismantle blockades was that the Ministry did not get involved in day to day police operations. When asked about setting government policy all further e-mail was ignored.

Government policy is published in the form of the Crown Counsel Policy Manual on Civil Disobedience and Contempt of Related Court Orders. This guides Crown lawyers in deciding whether they should prosecute protesters or not. I don’t doubt that this guides police decisions as well.

Media relations with the RCMP in B.C. were helpful. They explained that each situation is evaluated separately and that a balance had to be struck between Charter rights, criminal actions, court orders and public safety. Where there is no court order, police can rely on the Criminal Code and common law powers in the event of violence or criminal actions by protesters.

Police resources to cope with the size of the protest group is without a doubt an important consideration.

Finally, the most assistance came from the B.C. Civil Liberties Association (BCCLA):

First of all, regarding the “free passage of traffic”, operating a motor vehicle is a privilege not a right.

Second, streets are blocked off for various reasons on a regular basis. Examples include activities related to the film industry, parades, marathons, and marches. Police are present to ensure that the scene is safe and the traffic is diverted. These events typically occur on main thoroughfares. A double standard applied in the case of lawful protest would be unreasonable.

Third, roads are public places in which political expression can take place. The rights to freedom of expression and assembly are enshrined in the Canadian Charter of Rights and Freedoms, and are necessary in a free and democratic society. Furthermore, the police have a duty to ensure a safe environment for members of the public to express themselves through non-violent protest and civil disobedience.

Finally, during the course of their duties, police are constantly balancing interests and re-evaluating their discretion. In the event of an emergency, police have the option to use their discretion to clear the way for an emergency vehicle. A court would likely uphold the infringement of Charter-protected rights to allow for the safe passage of an emergency vehicle.

A counter-protest to a blockade on Highway 19 in Courtenay did result in an arrest and an end to the blockade. The original protesters left out of concern for their own safety.

Returning to the inquiry that I mentioned at the start of the article, the BCCLA says that there is no difference between the right of the individual and the right of the group to protest, but I do wonder what would happen.

Cst. Tim Schewe (Ret.) runs DriveSmartBC, a community web site about traffic safety in British Columbia. For 25 years he was an officer with the Royal Canadian Mounted Police, including five years on general duty, 20 in traffic and 10 as a collision analyst responsible for conducting technical investigations of collisions. He retired from policing in 2006 but continues to be active in traffic safety through the DriveSmartBC web site, teaching seminars and contributing content to newspapers and web sites.

www.drivesmartbc.ca

Parental Consent and Control of New Drivers

New Driver Signs 2011A young person’s brain is not fully matured until the age of 25. The prefrontal cortex manages executive functions such as impulse control and weighing consequences but may not do a great job of it for teenagers. If you are faced with a teen driver who is consistently making bad choices, what do you do?

This is a serious consideration as the BC Injury Research and Prevention Unit says that motor vehicle collisions are one of the leading causes of unintentional injury and death across all ages in BC.

The stage is set by parents long before the child learns to drive. As with many things in life, our children tend to follow our example. As I discussed in Perpetuating Mediocrity, some parents are ill equipped to teach a new driver.

The Graduated Licensing Program (GLP) sets some restrictions on new drivers to limit their exposure to risk. Parents need to be supportive in ensuring that these restrictions are obeyed and by establishing reasonable expectations for driving behaviour. If these expectations are consistently not met, there need to be explicit consequences. You may even consider the use of a family contract as a pre-condition before granting permission for your child’s first licence.

In the days before the GLP parents had a strong control over their children who had not reached the age of 18. If the child was not driving properly the parent could withdraw their consent and ICBC would cancel the child’s drivers licence. This was an effective control over wayward young drivers.

The problem with this was that some parents used the system to impose their will on children for purposes not related to driving. This became apparent and the privilege was removed from the legislation. Once the child was licensed, the courts or the Superintendent of Motor Vehicles were the only entities that could cancel drivers licences.

If the child did not own their own vehicle, the only control that parents had was to restrict access to a vehicle. This is not as effective these days as many young people aged 16 and 17 do own their own vehicles.

There are still two tools of last resort that a parent can use to stop an irresponsible youth from driving before they harm themselves or others.

The first is a letter to the Superintendent of Motor Vehicles. If the Superintendent is satisfied that the youth presents a danger, he may prohibit the person from driving in the public interest. Police will enforce the prohibition.

The second is to withdraw consent for the registration and licensing of the youth’s vehicle by writing to ICBC. The licence plates will be cancelled, effectively ending the ability to drive that vehicle legally. The police will also enforce driving without proper vehicle licence.

This is not a step to be take lightly by parents. If the withdrawal of consent for registration and vehicle licensing is abused, no doubt it will also be removed from the legislation as well.

References:

Imposing a 30 km/h Speed Limit in Residential Areas

30 km/h speed signCurrently, the B.C. Motor Vehicle Act sets a speed limit of 50 km/h on municipal streets when a different speed limit has not been posted by signs. A recent survey by Research Co. found that 58% of British Columbians would definitely or probably like to see residential speed limits of 30 km/h. This past fall the Union of B.C. Municipalities resolved to ask the Minister of Transportation and Infrastructure to amend the Motor Vehicle Act to allow municipalities to set this blanket speed limit.

Municipalities already have the power to implement 30 km/h speed zones anywhere within their boundaries through the use of signs. The amendment would save the effort and expense of installing more signs.

There are five justifications to make the change in this resolution:

The provincial government surveyed municipalities in 2015 as part of the Road Safety Strategy. Not surprisingly, the top two issues of concern reported were vehicle speeds and pedestrian safety.

What should be surprising is that the survey also found that formal municipal road safety program components are rare. Less than one third have a formal mandate to improve road safety and few have developed visions, plans or targets.

Less than half of municipalities have committees with a road safety mandate or road safety improvement programs or projects.

Of 9 potential sources of road safety data suggested, most municipalities relied on public comments and complaints instead of something like a Sustainable Transportation Assessment for Neighbourhoods.

Residents usually request traffic calming changes on their streets to remedy safety issues. Municipalities such as Maple Ridge, North Cowichan and West Kelowna do have policies in place for this. They follow the Canadian Guide to Neighbourhood Traffic Calming produced by the Transportation Association of Canada. It’s expensive to buy and is not available to read for free on line or in my local library so we can to refer to chapter 2 of the B.C. Community Road Safety Toolkit instead.

What do you think our provincial government’s response to this request will be?

Cst. Tim Schewe (Ret.) runs DriveSmartBC, a community web site about traffic safety in British Columbia. For 25 years he was an officer with the Royal Canadian Mounted Police, including five years on general duty, 20 in traffic and 10 as a collision analyst responsible for conducting technical investigations of collisions. He retired from policing in 2006 but continues to be active in traffic safety through the DriveSmartBC web site, teaching seminars and contributing content to newspapers and web sites.

www.drivesmartbc.ca

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