QUESTION:
I have two related questions that I hope you can address.
My son and I were sitting in my car in the Lynn Valley mall parking lot recently when a woman approached the car next to mine, saw we were in our car and then proceeded to open her car door, pressing it against mine. I looked at her, clearly questioning her actions, and she simply got into her car and drove away.
I was really upset when, a few minutes later, another woman pulled into the space and opened her door, flinging it into mine. She looked at me and smiled. I was ready to get out of my car and confront her, but my son begged me not to make a scene. The incident left a small dent and a scratch on the passenger side of the car.
I have taught my children and know myself to get out of the car carefully so as not to damage someone else's vehicle and could not believe the total lack of consideration on the part of these two individuals.
My first question is this: Should I have gotten their license plate and information?
My second relates to another incident that took place on Lonsdale Avenue, when I was driving a friend of mine, an elder in our community, to a doctor's appointment.
I have an excellent driving record and am a practised and competent driver. I pulled up near a vehicle that was about to leave a parking spot at the side of the road and put on my indicator, waiting for the car to leave. Although I gave plenty of indication of what I was intending, the driver of a big truck behind me began laying on his horn. I looked at him in the rearview and proceeded to park. He continued, creating a major scene. It was obvious to me and those on the street this fellow had serious road rage.
I was very upset at the unwarranted barrage of anger coming my way. As much as I wanted to say something or indicate with a finger, I did not out of respect for my guest.
Should I have taken this driver's license plate and filed a complaint? The thought of someone driving around with so much anger is scary.
I regret not confronting the individual involved in either situation; however, I have learned the hard way that confrontation can be dangerous.
Please advise me, so I know for next time what to do.
Thank you. Sincerely, Eryn Arnott Hi Eryn,
Thank you for your questions.
To answer the first one: Because the person was not driving, Motor Vehicle Act laws dealing with hit-and-run incidents would not apply. This situation would be treated in the same way as would an incident involving someone bumping into your car with a shopping cart.
If you tried to report to the police, you would likely be directed to contact ICBC to file a damage claim, or to file a civil lawsuit - should you wish to go to those lengths.
This of course assumes the damage was the result of carelessness rather than the willful intent to dent your car. And yes, you should obtain the license plate. We always advise drivers to do so in any incident involving motor vehicles; it is without doubt the best way to begin to identify vehicle owners.
As for your second question, unfortunately, you may have been in the wrong. This is difficult to say with certainty, however, without more information.
It seems likely that while you were waiting, you were stopped beside another vehicle that was also parked next to the curb (possibly behind the vehicle for which you were waiting). If so, then you were in the wrong.
According to Section 189(1)(l) of the Motor Vehicle Act, a driver is not permitted to stop his or her vehicle on the roadway side of a vehicle stopped or parked at the edge or curb of a roadway.
Interestingly, I find it difficult to envision parallel parking that does not contravene this law, since this type of parking requires a driver to stop (almost always adjacent to another vehicle) before placing his or her vehicle in reverse in order to park. That simple step satisfies the Motor Vehicle Act's definition of stopping or standing, and thus, presuming the stopping occurs adjacent to another vehicle, it contravenes the law.
This said, parallel parking is a mainstay of driving in B.C., and seems to have a very clear acceptance among both drivers and police, to say nothing of the fact that many of our municipalities actually construct road plans with this type of parking in mind.
Your question highlights a nuance of our driving laws; the act does not always offer a concrete answer to every situation. Rather, it asks drivers to exercise prudence and sound judgement in their conduct, and police and judges to use discretion in both its interpretation and its enforcement.
I can make one final point regarding the honker you encountered. Although no specific section of the Motor Vehicle Act addresses excessive honking, a number of noise regulations do. A car horn is meant to be used as a warning device and not as a megaphone for the monotonal airing of driving grievances. To use it as such can be obnoxious and inflammatory and serves only to worsen an already difficult situation.
Sgt. Peter DeVries North Vancouver RCMP
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