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Old 08-13-2010, 03:32 PM   #1
jaydow11
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Question Automatic Impound if over 40km/h?

I was told by a buddy that BC changed it's Excessive Speeding law and that anyone caught going 40km/h over the posted speed limit will have their car impounded for x # of days...

Anyone heard of this?

I'm heading down to Vancouver in about a hour for a stag and don't want to get ****ed on the way down! tee hee

Thanks,

Jay
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Old 08-13-2010, 03:36 PM   #2
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I said why not?!! I just hated excessive speeding...

My buddy just got impounded for 30 days since he was 20km/h over the posted speed limit on 91hwy last week ...
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Old 08-13-2010, 03:41 PM   #3
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Quote:
Originally Posted by Linkseal View Post
I said why not?!! I just hated excessive speeding...

My buddy just got impounded for 30 days since he was 20km/h over the posted speed limit on 91hwy last week ...
I'm not saying I disagree...

But personally I would not put a blanket rule in. For example, going over 40km/h on the Coquihalla in 'no mans land' is not as bad as going 40km/h over in a residental neighbourhood....

I didn't want to start a debate, just wondering if there was a rule change I missed somewhere because I had not heard of this before!

Thanks,

Jay
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Old 08-13-2010, 03:46 PM   #4
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20 over on hwy91 and he got impounded?????????????????

is that all he did?
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Old 08-13-2010, 03:47 PM   #5
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Found it.... haven't read it yet...

http://www.bclaws.ca/EPLibraries/bcl...eside/96318_05
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Old 08-13-2010, 04:31 PM   #6
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Excessive speeding

148 (1) A person who drives a motor vehicle on a highway at a speed greater than 40 km/h over the applicable speed limit set under the authority of an enactment commits an offence and is liable on conviction to not less than the aggregate of the fine amount and the applicable supplemental fine amount, if any, prescribed under section 148.1 for this offence and, subject to those amounts, section 4 of the Offence Act applies.

(2) If a person is charged with an offence under subsection (1) and the evidence does not prove the offence but does prove a contravention of section 140, 146 or 147, the person may be convicted of contravening section 140, 146 or 147, as the case may be, and the person is liable on that conviction to not less than the aggregate of the fine amount and the applicable supplemental fine amount, if any, prescribed under section 148.1 for that offence.
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Old 08-13-2010, 05:03 PM   #7
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Quote:
Originally Posted by slowguy View Post
20 over on hwy91 and he got impounded?????????????????

is that all he did?
Black integra, with white rims, asian kid, New driver, driving 110km on hwy1 heading to richmond, no car in front, bang!!!

Impounded right away, well, you know it really depends on the officers, if they are in a bad mood, then too lun bad
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Old 08-13-2010, 05:07 PM   #8
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Quote:
Originally Posted by jaydow11 View Post
I'm not saying I disagree...

But personally I would not put a blanket rule in. For example, going over 40km/h on the Coquihalla in 'no mans land' is not as bad as going 40km/h over in a residental neighbourhood....

Jay
Agree and for sure it is more strict in residental zones.
and there are also a lot of side factors to caused the impound too..
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Old 08-13-2010, 05:09 PM   #9
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Quote:
Originally Posted by Drakar View Post
Excessive speeding

148 (1) A person who drives a motor vehicle on a highway at a speed greater than 40 km/h over the applicable speed limit set under the authority of an enactment commits an offence and is liable on conviction to not less than the aggregate of the fine amount and the applicable supplemental fine amount, if any, prescribed under section 148.1 for this offence and, subject to those amounts, section 4 of the Offence Act applies.

(2) If a person is charged with an offence under subsection (1) and the evidence does not prove the offence but does prove a contravention of section 140, 146 or 147, the person may be convicted of contravening section 140, 146 or 147, as the case may be, and the person is liable on that conviction to not less than the aggregate of the fine amount and the applicable supplemental fine amount, if any, prescribed under section 148.1 for that offence.

What does this really mean for the "average Joe"?
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Old 08-13-2010, 05:10 PM   #10
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Quote:
Originally Posted by Linkseal View Post
Black integra, with white rims, asian kid, New driver, driving 110km on hwy1 heading to richmond, no car in front, bang!!!

Impounded right away, well, you know it really depends on the officers, if they are in a bad mood, then too lun bad
This still counts as Richmond (on hwy 91) so not too surprised. However 110km/h is not bad...GTFO the left lane if you are not at 140km/h and that applies to me as well.
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Old 08-13-2010, 05:11 PM   #11
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Originally Posted by Wrgb View Post
What does this really mean for the "average Joe"?
We can take your car at 40 km/h over the speed limit, and also take more money from you...if we feel like it.
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Old 08-13-2010, 05:40 PM   #12
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Quote:
Originally Posted by Linkseal View Post
I said why not?!! I just hated excessive speeding...

My buddy just got impounded for 30 days since he was 20km/h over the posted speed limit on 91hwy last week ...

wow i got a ticket there with the exact same speed but he just gave me a ticket like normal thank god
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Old 08-13-2010, 05:46 PM   #13
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I agree, why not? 40km/h over speed limit is a choice, not a mistake. If you choose to speed and get caught doing so, that’s your consequence.
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Old 08-13-2010, 05:57 PM   #14
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Originally Posted by Imprezala View Post
wow i got a ticket there with the exact same speed but he just gave me a ticket like normal thank god
^if there is no traffic ahead, and you are speeding, chance is the cop thinks you are doing excessive speeding even you drive 110km, it feels like 160km to them...

And seriously, I just hate driving on 91 HWY around Richmond nowadays...

I drove back from timmy meet last night around mid-night, and I felt 91 hwy is really unsafe, first I saw a BMW and Mustang were street racing there at least doing 160km+, they were cutting off the traffice recklessly... and then there were an old black 4-door integra (91-94?) blocking a corolla for insane.... I almost got hit by them and luckily I was able to pull myself out of this crazy traffic to make it safe backhome.

First Corolla was driving slow like 60km on 91 hwy left lane with a big truck on right lane, integra got stucked behind for few mins, then integra finally found a gap to pass the corolla then he droved in front of corolla and did some hard braking, holy **** I was right behind the corolla, then I was able to hard brake and pulled out from the right lane to pass these two stupid cars, then the corolla was trying to do the same thing and it was blocked and hard braked by the integra again. Simply whenever the corolla changed lane the integra changed the lane and blocked it and hard braked, back and forth and from my mirror, I saw them did this like crazy till the corolla completey stoped on the hwy... geez that big truck was horning so bad too coz it tried to avoid the accident...what da **** was that ****ing road range??!!

What happened to 91 hwy nowadays???

Last edited by Linkseal; 08-13-2010 at 06:06 PM.
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Old 08-13-2010, 06:04 PM   #15
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Quote:
Originally Posted by Linkseal View Post

What happened to 91 hwy nowadays???
No kidding...going to work at like 6:45am the avg speed is still 140km/h

Coming home at night at around 11:00pm its like 140km/h still

I just stay in the slow lane and hope I don't get categorized with those other guys, usually in a POS not worth a glance.
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Old 08-13-2010, 06:42 PM   #16
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certainly didn't hear about the change in the MVA, but might be a discretion thing that has always been in the MVA that the cops are starting to use - because if there was an actual change, there would have been at least some news story. Not that I kept up with news lately mind you

Not going to debate here because it's pointless - it's good to know though
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Old 08-13-2010, 08:32 PM   #17
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The last excessive I got was knocked down by the officer to the minimum. I think it would definitely be case by case. Also, excessive in a school zone is 100%+ over the posted limit, whereas 40 over on a 90 zone is 40% over. Not excusing either but clearly one is FAR worse than another.
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Old 08-13-2010, 08:51 PM   #18
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Quote:
Originally Posted by Linkseal View Post
And seriously, I just hate driving on 91 HWY around Richmond nowadays...

i must agree with you. cops camp out there like no tomorrow. I just stick to 100 km/h and then stick it into cruise control. After that get off the hwy as soon as possible so i take the No.6 road exit
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Old 08-14-2010, 01:44 AM   #19
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Quote:
Originally Posted by Linkseal View Post
^if there is no traffic ahead, and you are speeding, chance is the cop thinks you are doing excessive speeding even you drive 110km, it feels like 160km to them...

And seriously, I just hate driving on 91 HWY around Richmond nowadays...

I drove back from timmy meet last night around mid-night, and I felt 91 hwy is really unsafe, first I saw a BMW and Mustang were street racing there at least doing 160km+, they were cutting off the traffice recklessly... and then there were an old black 4-door integra (91-94?) blocking a corolla for insane.... I almost got hit by them and luckily I was able to pull myself out of this crazy traffic to make it safe backhome.

First Corolla was driving slow like 60km on 91 hwy left lane with a big truck on right lane, integra got stucked behind for few mins, then integra finally found a gap to pass the corolla then he droved in front of corolla and did some hard braking, holy **** I was right behind the corolla, then I was able to hard brake and pulled out from the right lane to pass these two stupid cars, then the corolla was trying to do the same thing and it was blocked and hard braked by the integra again. Simply whenever the corolla changed lane the integra changed the lane and blocked it and hard braked, back and forth and from my mirror, I saw them did this like crazy till the corolla completey stoped on the hwy... geez that big truck was horning so bad too coz it tried to avoid the accident...what da **** was that ****ing road range??!!

What happened to 91 hwy nowadays???

I had a similar situation happen to me. My car was at the body shop and they gave me an Hyundai Elantra to drive. I was in the Massey Tunnel traveling south and doing the speed limit and a Chevy Cavalier came up behind me really fast and I wasn't going to change lanes inside the tunnel and he couldn't get past me or the car next to me. As I started going back up to exit the tunnel i gave it some gas just as he changed lanes to get between me and the car that was a head of me in the other lane. He couldn't get by again so when we cleared the tunnel and the exit to the counter flow lane merges back into south-bound hwy99 I moved over and he sped by, moved in front of me and slammed on his breaks. I almost hit him as I wasn't expecting that at all.

The rest of the way along hwy99 I stayed back but when we got to the exit to hwy10 there is work being down to the cable barrier there, it looked like he tried to stop his car completely but I wasn't going to stick around to find out and I took off down hwy10, taking the long way back to White Rock

On the topic though, I got caught just outside of Chilliwack on hwy1 going to the Coquahala and was issued a ticket for excessive speed. I am grateful that the officer that caught me noticed that I had never had a traffic violation or any warnings and only issued me the ticket and 3 points. I should have been issued 6 points and a much heavier fine than what I received and for that I am grateful. For that, to this day I watch my speed now and keep it close to the limit.

Last edited by Sput; 08-14-2010 at 01:50 AM.
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Old 08-14-2010, 08:20 AM   #20
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Quote:
Originally Posted by notjustforshow View Post
We can take your car at 40 km/h over the speed limit, and also take more money from you...if we feel like it.
Hmm, I don't see where it says they can impound your car but then again I'm not a lawyer so can't read the mumbo jumbo very well.
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Old 08-14-2010, 01:32 PM   #21
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I think they could give you almost any reason if your operating your vehicle in an unsafe mannor to impound the vehicle. I think that is up to the officers discretion...
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Old 08-16-2010, 01:10 AM   #22
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Quote:
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Hmm, I don't see where it says they can impound your car but then again I'm not a lawyer so can't read the mumbo jumbo very well.
See below

Quote:
Originally Posted by rs420 View Post
I think they could give you almost any reason if your operating your vehicle in an unsafe mannor to impound the vehicle. I think that is up to the officers discretion...

have to agree. and just to clarify, if you are going 40+ over the limit an officer has the legal authority to impound your car based or "speed" factors alone.

he could also impound you car if you were going 40 under the limit, but weaving and tailgating.

Drivers often forget the power an officer has over you and your vehicle. It's a roadside battle you will NEVER win.
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Old 08-18-2010, 02:52 PM   #23
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it's all about intent. If you're being completely wreckless they'll pull you off the roads for safety. I racked up three excessive speeding tickets in the last three years and I never had my vehicle impounded.
Interesting side note - 50km/h over is criminal in Onterrible. Guarunteed impound.
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Old 08-18-2010, 02:57 PM   #24
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It really depends on the cop who give out the ticket. If they are in hurry for coffee or going home. You are lucky!!! If they just start their shift or they have nothing to do...Good Luck!!!
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Old 08-18-2010, 05:49 PM   #25
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As of last year excessive speeding tickets get driver risk premiums added to your insurance which are difference than driver penalty points. These flag your driving record to the super superintendent and can turn a single excessive ticket and a single regular ticket in the same year into an almost $1500 ticket in fines and premiums to insurance. Not to be a prude, but I'd recommend slowing down.
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