January 8, 1998
DEFENCE TECHNIQUE FOR PHOTO RADAR TICKETS
NOW AVAILABLE TO INDIVIDUALS AND BUSINESSES

VANCOUVER -- On December 18th, a Maple Ridge court threw out a photo radar
ticket issued to Columbia Dodge, an automobile dealership, which was found to
have acted responsibly in lending it's vehicle to an employee.  Transcripts of
the decision were recently obtained.  The successful defence was based upon a
one-page form completed prior to lending the vehicle out.  This form and
additional information on the defence technique is now available to the public
on the SENSE web site's new "PREVENTING TICKETS" page.

The BC laws allow an owner to defend a photo radar ticket under section
83.1(3)(b) of the Motor Vehicle Act if they can prove that they "exercised
reasonable care and diligence in entrusting the motor vehicle to the person
who was, at the time of the contravention, in possession of the motor
vehicle."

However, establishing this proof of reasonable care to the satisfaction of the
court can be impossible for individuals and small businesses that do not
maintain little known fleet management procedures.  The vast majority of
owners who responsibly lend their vehicles would never be aware of the various
specific requirements set down in case law and are thus left unable to
successfully defend a ticket.

SENSE believes that individuals and businesses who safely lend their vehicles
to family, friends, and employees should not bear the cost of tickets for the
illegal actions of another person.  Although the government established a
"nominated driver" process to permit owners to transfer the ticket, this
process requires both the agreement of the driver and the residency of the
driver in BC, and then adds three penalty points to the driver's record.  For
owners who lend their vehicles to out-of-province guests or transient
employees, the nomination option is not available and they are stuck with the
costs.  The government's revenue motivated enforcement policies seek payment
from the person with the deepest pockets (the owner), and then fail to punish
the person who committed the illegal act.

The new form "Record of Owner Responsibility - Photo Radar Tickets" (which
must be completed prior to the offence occurring) and background information
is now available on the SENSE web site.  This information and form are being
provided as a public service only and is not a government prescribed form.
Successful application will depend upon future court decisions and sincere
attempts by owners to obtain compliance from their drivers. This form is not a
replacement for responsible behaviour, but may be a concise method to document
it.

SENSE (Safety by Education Not Speed Enforcement) welcomes media enquiries on
all issues concerning speed enforcement.  Our web site (www.sense.bc.ca) is
the world's largest on-line photo radar resource, and has news and information
on the BC photo radar program, other photo radar programs world-wide, and
fighting tickets.

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