Traffic law is a body of regulations that govern the use of roads, highways and other public thoroughfares. It covers a wide range of topics aimed at ensuring the safe and efficient flow of traffic, preventing accidents, and protecting all road users, including drivers, passengers, cyclists, and pedestrians.

Traffic law includes rules for safe driving, such as speed limits, right-of-way regulations, and rules regarding alcohol and drug use while operating a vehicle.

It also covers licensing and registration requirements for drivers and vehicles, as well as parking regulations. Additionally, traffic law specifies penalties for violating traffic regulations, such as fines and points on a driver’s license.

The goal of traffic law is to promote road safety, reduce traffic congestion, and maintain order on the roads. By following traffic laws and regulations, individuals can help ensure a safer, more efficient, and enjoyable experience for everyone on the road.

What are the 3 levels of traffic laws in Canada?

Federal laws– These are laws enacted by the federal government and apply to the entire country. The Criminal Code is an example of a federal law that governs criminal offences related to driving, such as impaired driving and dangerous driving.

Another federal law, the Motor Vehicle Safety Act, regulates the manufacture and sale of motor vehicles, ensuring that vehicles are designed and built with safety in mind.

Provincial laws– Each of the 13 provinces and territories in Canada has its own set of laws enacted by the provincial government. These laws cover areas such as licensing, registration, and insurance requirements for drivers and vehicles, as well as specific regulations for each jurisdiction, such as speed limits and road signs. For example, some provinces have mandatory seatbelt laws, while others do not.

Municipal laws– Local municipalities also have the authority to enact laws that apply only within their jurisdiction. These can include parking regulations, such as time limits for parking on the street and the enforcement of parking fines.

Municipalities may also regulate traffic flow, such as implementing one-way streets and establishing turn restrictions.

Canadian Traffic Law Guide

How many traffic laws are there in Canada?

There is no exact number for the total number of traffic laws in Canada, as it can vary depending on the jurisdiction and can change over time as new laws are enacted and old laws are modified.

Traffic laws are comprised of federal laws, provincial laws, and municipal laws, which together cover a wide range of topics related to road safety and the efficient use of roads and highways.

The number of laws can also vary depending on the specific aspect of traffic law being considered, such as licensing, registration, road safety, and penalties for violations. It is estimated that the combined total of traffic laws in Canada could be in the hundreds or even thousands, but an exact number is difficult to determine.

What is the B.C. Motor Vehicle Act?

The B.C. Motor Vehicle Act is the primary legislation governing the use of motor vehicles in British Columbia, Canada. It sets out the rules and regulations for operating a motor vehicle in the province, including licensing requirements, road safety regulations, and penalties for violating traffic laws.

The MVA covers a wide range of topics, including speed limits, right-of-way rules, vehicle equipment requirements, and licensing and registration of vehicles and drivers. The act is enforced by the RCMP and local police forces, and violations can result in fines, demerit points, and other penalties.

The goal of the B.C. Motor Vehicle Act is to ensure the safe and efficient use of roads and highways in British Columbia and to protect all road users.

What happens if the other driver has not reported the crash?

If the other driver has not reported a crash, it is important to report the incident to the police, exchange information with the other driver, document the scene, and notify your insurance company.

This will help ensure that you have evidence of the crash and can take any necessary legal or insurance action. It is also important to seek medical attention if you have any injuries, as some symptoms may not appear until later.

Why do I have to pay a deductible when the crash wasn’t my fault?

A deductible is an amount you agree to pay out of pocket before your insurance coverage kicks in. Even if a crash was not your fault, you may still be responsible for paying your deductible if you claim under your insurance policy.

This is because most insurance policies require policyholders to pay a deductible before the insurance company will cover the remaining cost of repairs or other damages. The deductible helps to manage insurance costs and reduce fraud.

The other driver’s insurance company may reimburse you for your deductible if they are found to be at fault, but this is not guaranteed and may take some time to resolve.

Can I install a dashboard camera?

Yes, you can legally install a dashboard cam in Canada. However, there are certain privacy laws that you should be aware of when using a dashcam. The PIPEDA laws set out the ground rules for how private-sector organizations can collect, use, and disclose personal information in the course of commercial activities.

For example, you should not collect or use audio or video footage of other people without their consent. Additionally, you should not install a dashcam in a way that obstructs your view or interferes with the safe operation of your vehicle.

It is important to secure your dashcam and store its footage safely and securely to protect against unauthorized access or misuse.

How do I dispute a traffic ticket in Canada?

Carefully review the ticket and ensure that all the information is correct.

Consider the circumstances and identify a valid defence, such as a malfunctioning traffic signal, lack of signage, or emergency.

If you wish to dispute the ticket, you must request a trial. The deadline to do so is usually listed on the ticket.

On the trial date, attend court and present your defence to the judge. You may also present evidence, such as photographs or witness testimony.

The judge will make a decision based on the evidence presented and the law. You may be found guilty, or not guilty, or the ticket may be dismissed.

If you are found guilty, you may be able to appeal the decision. The process for appealing will vary by province or territory.

What happens if you miss traffic court?

There could be additional fines, penalties, and a criminal record. It is advisable to contact the court and explain the circumstances of your absence. They may be able to reschedule your court date or offer alternative options.

Do I need a lawyer for traffic court?

In traffic court, you have the right to represent yourself or to be represented by a lawyer. Whether you need a lawyer depends on the complexity of your case and your personal preference. If you have prior traffic convictions, it may be in your best interest to consult with a lawyer.

If your case is relatively simple and you feel confident in representing yourself, you may choose to do so. Ultimately, the decision of whether to hire a lawyer or not is a personal one.

What is a violation ticket?

A violation ticket is a notice issued by a law enforcement officer or government agency, informing a person that they have violated a law, such as a traffic violation.

The ticket typically contains information about the violation, the date and time it occurred, and the fines or penalties that may be imposed if the violation is not addressed. The recipient of the ticket may be required to appear in court, pay a fine, or take other corrective action to resolve the violation.

I’m buying a vehicle but want to wait a couple of months to insure it. Can I do this?

In most cases, it is mandatory to have insurance coverage for a motor vehicle to operate on public roads in Canada. The requirement for insurance coverage and the specific insurance coverage requirements can vary by province. It is best to check with your provincial government for the specific requirements in your area.

If you plan to wait a couple of months to insure your vehicle, it is important to understand that you may be at risk for any damage or liability that may occur during that time.

If you are storing the vehicle, it may be a good idea to arrange for it to be stored in a secure location and to inform your insurance provider of your plans.

The Largest Traffic Accidents In Canada

The landscape of traffic accident legal cases in Canada reveals a complex tapestry of incidents, each marked by its own unique set of circumstances and outcomes. Here’s an overview of some of the notable cases and general trends in this realm:

Record-Setting Punitive Damage Award: A landmark case in British Columbia, involving a hit-and-run incident, resulted in the largest punitive damages award in a Canadian car accident case.

The driver, who had a history of driving prohibitions, struck a 22-year-old woman, causing serious head injuries, and fled the scene. The victim was awarded a substantial sum for general damages, lost income, and loss of future income, totalling over $3 million.

Major Road Disasters: Canada has witnessed several tragic road accidents. Notable among these are the Eastman Bus Crash in 1978, where a bus’s brake failure led to the death of 40 passengers, and the CP Rail Crew Bus Crash in 1980, which resulted in 22 fatalities.

Other significant incidents include the Dorion School Bus-Train Crash in 1966, claiming 19 lives, and the Humboldt Broncos Bus Crash in 2018, where 16 members of a junior hockey team died.

Traffic Law Guide In Canada

Speeding, impaired driving, and distracted driving are the leading causes of fatal accidents in Canada. For instance, in 2013, 28% of fatal accidents in British Columbia were attributed to speeding, 23% to drunk driving, and 29% to driver distractions.

Dangerous Intersections in the Lower Mainland: Certain intersections have been identified as particularly hazardous based on ICBC claims data. These include locations in Vancouver, Langley, Surrey, Burnaby, Coquitlam, and New Westminster. The risks at these intersections often stem from factors like high traffic volumes and complex road layouts.

Weather and Road Conditions: Weather plays a significant role in road safety. Poor weather conditions, such as heavy rain, snow, or ice, have led to numerous accidents, underscoring the importance of driving cautiously under adverse conditions.

Distracted Driving: The rise in mobile device usage has brought increased attention to the dangers of distracted driving. Activities like texting or using in-car systems while driving significantly raise the risk of accidents.

Aggressive Driving: Aggressive behaviours on the road, such as speeding and tailgating, are major contributors to accidents, particularly in urban areas like Vancouver.

Driver Fatigue: Fatigue is another significant factor, with a substantial number of drivers admitting to driving while drowsy. This issue is especially prevalent during summer months, with longer road trips being a common occurrence.

Author: Casey Smith, Traffic Accident Lawyer in Canada