BC Impounds Excessive Speeders Vehicles

[WhiteTiger]

I'm for folks losing their vehicles for going crazy over the speed limit (40+) but waiting on a downhill passing lane does seem rather unfair.

[chemgear]

The laws of physics nor the universe is particularly "fair" to be honest.

[WhiteTiger]

Originally Posted by chemgear

The laws of physics nor the universe is particularly "fair" to be honest.

Obviously

However, even in this story, the guy is going 51kmh over the speed limit. Passing or not, that's pretty crazy and I can easily imagine why the officer stopped him. Going downhill is not an excuse for speeding, nor (really) is "passing". I guess the main issue here is that he was going so fast over the speed limit. You don't need to go 51kph over the speed limit to pass.

[billybob123]

Originally Posted by WhiteTiger

Obviously

However, even in this story, the guy is going 51kmh over the speed limit. Passing or not, that's pretty crazy and I can easily imagine why the officer stopped him. Going downhill is not an excuse for speeding, nor (really) is "passing". I guess the main issue here is that he was going so fast over the speed limit. You don't need to go 51kph over the speed limit to pass.

He was actually 61 over.

[transplant99]

Originally Posted by flamesfan6

IMO the peace office isn't judge and jury, either you are going 40km over or you are not. There is no grey area as with the .05 law.

If you are going over 40km/h you can't argue it, it's in the law that your car is to be impounded and taken away, the peace officer isn't making that choice, he's following the law.

I also don't mind this law, I never go 40km / h over the speed limit, and I would like those that do off the road anyways.

Prove it...in a court of law...like ANY other offense in any jurisdiction in Canada.

[calumniate]

Nice, people defending going 40 over to save five minutes on a ten hour trip. Enjoy the bus!

Don't forget your arbys happy meal as a trucker beats you on your commute

[Cuz]

Originally Posted by calumniate

Nice, people defending going 40 over to save five minutes on a ten hour trip. Enjoy the bus!

Personally, I am not defending speeding per se, instead I am defending our fundamental freedoms guaranteed by the Charter.

[transplant99]

Originally Posted by Cuz

Personally, I am not defending speeding per se, instead I am defending out fundamental freedoms guaranteed by the Charter.

But thats not important to the holier than thou group.

I simply dont get how anyone is OK with being prosecuted without ever having a hearing/trial, losing your property without any impartial arbitration where PROOF has to be presented....it goes againt the very grain of freedoms in this country.

[calumniate]

Originally Posted by Cuz

Personally, I am not defending speeding per se, instead I am defending out fundamental freedoms guaranteed by the Charter.

Ha whatever. I do feel sorry for bikers but the 100k a year suv drivers can kiss my butt

[Cuz]

Originally Posted by calumniate

Ha whatever. I do feel sorry for bikers but the 100k a year suv drivers can kiss my butt

You don't have to feel bad for anyone, but you do have to respect that everyone in this great country receives the same protections from the Charter (in theory at least)

[Rutuu]

Originally Posted by transplant99

Prove it...in a court of law...like ANY other offense in any jurisdiction in Canada.

Completely agree...

I'd also like to add that it's kind of funny how many people agree with the rule, even though it's being applied in a manner that the original spirit of the law wasn't designed for.

Throw down a law with the wording that it was to target people exceeding the speed limit in passing lanes by impounding they're vehicle at 40km/h over and I think you've got a larger political hurdle than when you go after "illegal street racers".

None of these cases in the grey area would lead to the car being impounded if it was put before a judge...and that's kind of the reason we have judges that apply precedent and reason to these situations after years and years of experience. Impounding vehicles for stuff like this is something people are onboard with until it happens to them without due process.

...and if it was safety related, well it's pretty easy to put up an average speed camera to capture people over the area of danger.

[calumniate]

Have you people not seen enough horrifying accidents on bc highways for it not to have sunken in? That's what surprises me the most. Yeah it's not the best rule but 40 over seems like a legit cap. All it takes is an animal or the unexpected, and you're gone

[Wormius]

Originally Posted by calumniate

Nice, people defending going 40 over to save five minutes on a ten hour trip. Enjoy the bus!

Don't forget your arbys happy meal as a trucker beats you on your commute

It's not saving 5 minutes on a trip, it's 7 hours of being stuck behind people who don't use their cruise control or regulate their speed in a manner that's courteous to other drivers that are going the speed limit. I can set my cruise control to the posted speed limit, and inevitably I will end up having to turn it off because some guy will let themselves slow down on hills or brake unnecessarily going around corners that don't warrant it.

[jayswin]

Originally Posted by calumniate

Nice, people defending going 40 over to save five minutes on a ten hour trip. Enjoy the bus!

Don't forget your arbys happy meal as a trucker beats you on your commute

The first part of your post sounded normal. That second part sounds like something a mentally challenged person might randomly spit out on a street corner, before giving you the crazy eyes.

[calumniate]

Originally Posted by Wormius

It's not saving 5 minutes on a trip, it's 7 hours of being stuck behind people who don't use their cruise control or regulate their speed in a manner that's courteous to other drivers that are going the speed limit. I can set my cruise control to the posted speed limit, and inevitably I will end up having to turn it off because some guy will let themselves slow down on hills or brake unnecessarily going around corners that don't warrant it.

Sure but don't use that argument for going 40 over. Just pass them end of story

[calumniate]

^^ i really set myself up to be flamed in here, and that's fine. All i'm saying is that truckers overall make the best commute times (within reason). As per the article if you have kids in the back chances are you're not going to have the best commute time no matter how fast you drive, so give it a rest already

[Zulu29]

Originally Posted by transplant99

Prove it...in a court of law...like ANY other offense in any jurisdiction in Canada.

Speeding does not belong in the same category as break and enter, impaired driving or assault. Having the same burden of proof as an indictable offence is frankly idiotic. If you had your way the entire legal system would grind to a halt, have some common sense.

It sucks the guy had his vehicle impounded. But I have a hard time understanding why a guy needs to do 60 km over the limit to pass another vehicle.

[Wormius]

Originally Posted by calumniate

Sure but don't use that argument for going 40 over. Just pass them end of story

I wouldn't. But to tell the truth, I think 120kph on HWY 1 would be an okay speed for *most* of it, if it weren't for slower vehicles that can't maintain that speed on mountain roads. Settings the speed limit to 90kph just seems like pandering to the lowest common denominator of car. Is the assumption that every vehicle out there is no better than a 66 Corvair?

[flamesfan6]

This is how it would play out in court:

judge: Officer was the radar gun stating he was doing 60km/h of the speed limit?
officer: yes
judge: guilty



----

for those that say it's unfair for them to be at the bottom of a hill and catch speeders there.. sure maybe it is a bit of a trap.. but that's not the point, the speed limit on flat, downhill, up hill, etc is always the speed limit

as a driver you are supposed to stay within the speed limit, if you think it's okay to go downhill and reach 40km/h over the speed limit just because you don't press on the breaks a bit/go lower gear.. doesn't make speeding any less illegal, you have to be in full control of your car no matter the situation

So yes, people needing to keep their cars in control and not speed down hill .. in the fear of cops being there or not, I'm all for it because sure it's a bit of a trap, but it's still illegal to speed in that situation and going downhill is no excuse to be speeding and not be caught for it.

[Wormius]

Originally Posted by flamesfan6

This is how it would play out in court:

judge: Officer was the radar gun stating he was doing 60km/h of the speed limit?
officer: yes
judge: guilty



----

for those that say it's unfair for them to be at the bottom of a hill and catch speeders there.. sure maybe it is a bit of a trap.. but that's not the point, the speed limit on flat, downhill, up hill, etc is always the speed limit

as a driver you are supposed to stay within the speed limit, if you think it's okay to go downhill and reach 40km/h over the speed limit just because you don't press on the breaks a bit/go lower gear.. doesn't make speeding any less illegal, you have to be in full control of your car no matter the situation

So yes, people needing to keep their cars in control and not speed down hill .. in the fear of cops being there or not, I'm all for it because sure it's a bit of a trap, but it's still illegal to speed in that situation and going downhill is no excuse to be speeding and not be caught for it.

The unfair aspect is that they're wasting resources by being there and ticketing drivers that they know will be speeding in that area. Public safety is served by them acting in a preventative fashion to pour cold water on any thoughts of gunning it to 140kph in the passing lane (having a marked police car parked along the side of the road leading up to the passing lane would be an example).

Me, driving through there at 140kph, and getting ticketed and losing my car is no deterent to any future drivers who come through that section of road. So, I fail to see how the police are helping anybody.