skidmark
11-08-2006, 10:48 PM
Street Racing
How is "street racing" defined? I've heard a lot about this subject lately and I'm puzzled about what constitutes street racing. I understand the obvious cases where two cars are having a late night drag race on public roads, but I don't understand how you would judge a more ambiguous circumstance. Where is the line drawn? How do the courts recognize street racing as opposed to, say, speeding? And why are the rules currently on the books for things like speeding, reckless driving and endangerment alone not harsh enough to apply to street racers?
Those are more than enough questions for a column! Let's see what we can cover here, starting with the definition of street racing. A race is defined as circumstances in which, taking into account the condition of the road, traffic, visibility and weather, the operator of a motor vehicle is operating the motor vehicle without reasonable consideration for other persons using the highway or in a manner that may cause harm to an individual, by outdistancing or attempting to outdistance one or more other motor vehicles; preventing or attempting to prevent one or more other motor vehicles from passing and driving at excessive speed in order to arrive at or attempt to arrive at a given destination ahead of one or more other motor vehicles.
This definition is not meant for use in court as you expect, rather it is to determine whether the vehicles driven by the participants are impounded and to have the Superintendent of Motor Vehicles prohibit the drivers who take part in them. The impoundment may take place if the circumstances amount to a race and the officer intends to charge the driver(s) with a serious offence. A serious offence includes any motor vehicle related Criminal Code driving offence, driving while prohibited, driving without due care or reasonable consideration for others, or excessive speeding, which is driving at a speed more than 40 km/h above the limit.
The investigating officer may contact the Superintendent from the roadside and relate the circumstances of the race. If they meet the criteria, the Superintendent will issue a driving prohibition on the spot to the drivers involved.
As far as the courts are concerned, the current laws are sufficient to deal with street racers, and that is exactly what happens. The fact that the circumstances include a race may be a factor that the judge will take into account when applying penalty. Taking part in a race could be considered an aggravating factor calling for a harsher punishment.
Reference Links (http://drivesmartbc.ca/current.htm)
How is "street racing" defined? I've heard a lot about this subject lately and I'm puzzled about what constitutes street racing. I understand the obvious cases where two cars are having a late night drag race on public roads, but I don't understand how you would judge a more ambiguous circumstance. Where is the line drawn? How do the courts recognize street racing as opposed to, say, speeding? And why are the rules currently on the books for things like speeding, reckless driving and endangerment alone not harsh enough to apply to street racers?
Those are more than enough questions for a column! Let's see what we can cover here, starting with the definition of street racing. A race is defined as circumstances in which, taking into account the condition of the road, traffic, visibility and weather, the operator of a motor vehicle is operating the motor vehicle without reasonable consideration for other persons using the highway or in a manner that may cause harm to an individual, by outdistancing or attempting to outdistance one or more other motor vehicles; preventing or attempting to prevent one or more other motor vehicles from passing and driving at excessive speed in order to arrive at or attempt to arrive at a given destination ahead of one or more other motor vehicles.
This definition is not meant for use in court as you expect, rather it is to determine whether the vehicles driven by the participants are impounded and to have the Superintendent of Motor Vehicles prohibit the drivers who take part in them. The impoundment may take place if the circumstances amount to a race and the officer intends to charge the driver(s) with a serious offence. A serious offence includes any motor vehicle related Criminal Code driving offence, driving while prohibited, driving without due care or reasonable consideration for others, or excessive speeding, which is driving at a speed more than 40 km/h above the limit.
The investigating officer may contact the Superintendent from the roadside and relate the circumstances of the race. If they meet the criteria, the Superintendent will issue a driving prohibition on the spot to the drivers involved.
As far as the courts are concerned, the current laws are sufficient to deal with street racers, and that is exactly what happens. The fact that the circumstances include a race may be a factor that the judge will take into account when applying penalty. Taking part in a race could be considered an aggravating factor calling for a harsher punishment.
Reference Links (http://drivesmartbc.ca/current.htm)