JANUARY 22, 1997 
PHOTO RADAR VICTORY FOR RESPONSIBLE OWNERS 
 
VANCOUVER -- In a Delta courtroom today, a photo radar ticket issued 
against a business was dismissed when the vehicle owner proved that it 
had exercised "reasonable care and diligence" pursuant to section 
76.1(3)(b) of the Motor Vehicle Act in lending out a vehicle.

While the burden of proof is set at a very high level, SENSE Director of 
Research Michael Cain said today "this is a victory for those who 
believe that traffic enforcement should be aimed at the offending 
driver, not the owner of the car.  If we're going to improve traffic 
safety in BC, we need to target drivers, and not be penalizing 
responsible owners."  "Today's decision provides some protection for 
responsible business owners who must, in the course of doing business, 
allow employees to operate their vehicles."

The burden of proof for companies who allow employees to drive their 
vehicles would require a demonstrated history of documentation, 
monitoring, and action against bad drivers, and include periodic checks 
for valid licences, clean driving record, and prior accident history.

Another case will be required to see if this defence can be extended to 
situations of individuals responsibly lending vehicles to relatives or 
friends.  Tickets are added to the owner's record, so it is in the best 
interest of the owner to keep their record clear.

Cain continues "today's case dealt with only one of many points of law 
relating to photo radar.  This is the first case we've gone to trial on, 
and is just the start of our efforts to protect the rights of motorists 
against this government's revenue generation program disguised as a 
safety initiative."

The media and public can access additional information on this case and 
the relevant case law on the "News" page of the SENSE web-site at 
http://www.sense.bc.ca