Police Reverse Vehicle Impoundment
(TELKWA, BC) – An informal review by the RCMP North District Traffic Services of a traffic stop for excessive speeding on July 18th in Telkwa, prompted the RCMP to reverse the impoundment of the vehicle involved. The driver now faces the lesser offence of speeding with the impoundment being rescinded.
The RCMP North District Traffic Services became aware of the matter being raised via the media by the motorist, after the man was stopped near Telkwa BC for excessive speeding on Monday, July 18th. The uniformed officer stopped the vehicle after it was recorded via radar at 91 KPH in a 50 KPH rural residential area along Hwy 16.
Under authority of the Motor Vehicle Act, police in BC impound vehicles in cases of excessive speeding, which translates to exceeding the posted speed limit by 40KPH and over. The uniformed officer in this case stopped the vehicle and informed the driver that his vehicle was being impounded due to the offence and was offered assistance in finding transportation from the scene.
“It was determined that although the driver was lawfully stopped for speeding, the officer erred in issuing the excessive speed violation and impoundment of the vehicle, as he omitted to factor in the court accepted margin of error of the speed detection device used, which is plus or minus 2 KPH” stated Cpl Dan Moskaluk.
“In this case, when we factor in the margin of error it is possible that, although speeding, he may have been traveling at a speed lesser then the 40KPH excessive speed threshold, i.e. 39KPH over the indicated 50KPH speed limit, hence the adjustment to the lesser offence and rescinding of the impoundment. This corrective action was taken in order to be fair and consistent with our enforcement efforts”. added Cpl Dan Moskaluk.
The RCMP North District Traffic Services have advised it’s general membership in the district to be mindful of the criteria required for impoundment and charging under excessive speeding MVA legislation. The RCMP also reminds all motorists that appeal and dispute processes are in place to serve as avenues to the general motoring public to address matters that wish to be disputed.
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