QUESTION:

Section 129 of the B.C. Motor Vehicle Act describes how driver's must behave at a red light.

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What is interesting is that the requirement to wait for the light to turn green only applies to red lights at intersections.

Subsection (1) contains the requirement to wait "until a traffic control signal instructs the driver that he or she is permitted to do so." and that subsection applies only "when a red light alone is exhibited at an intersection by a traffic control signal."

Subsection (5) describes the case where "a red light is exhibited at a place other than an intersection by a traffic control signal." There is no requirement in that subsection to wait until the light turns green.

There are a few places on the North Shore where a red light appears in the middle of a block, such as on Capilano Road at the Capilano Suspension Bridge and on Marine Drive at Park Royal (just west of Taylor Way).

As I understand it, at these places, I am required to stop for a red light, but I don't need to wait until the light turns green. If the crosswalk is clear, I can proceed, even if the light is still red. Am I correct?

Thanks,

David J. Simpson (and two other readers)

Dear David:

Thank you for your question.

You are right. Contrary to intuition, one need not always wait for a light to turn green before proceeding. That intuition is an unsurprising byproduct of the fact that in almost every case drivers must wait for a light to turn from red to green before proceeding, a rule, in fact, quite firmly embedded in the collective psyche of drivers.

However, drivers must be sure they know exactly when they may proceed after stopping for a red light. The consequences for committing an error in applying this rule could be catastrophic.

Consulting the act's definitions will help prepare us for discussing the issue, and will ensure we don't make any mistakes in deciding what is and is not an intersection.

The act defines an intersection as, "the area embraced within the prolongation or connection of the lateral curb lines, or if none, then the lateral boundary lines of the roadways of the two highways that join one another at or approximately at right angles, or the area within which vehicles travelling on different highways joining at any other angle may come in conflict," - or, for those who are not engineers, where two roads meet.

Section 129 (5) of the Motor Vehicle Act is applied to cases where a traffic light exists at a location that is not an intersection. It reads: "When a red light is exhibited at a place other than an intersection by a traffic control signal, the driver of a vehicle approaching the signal must cause it to stop before entering the nearest marked crosswalk." Notably absent from this subsection is a requirement to wait for the light to turn green before proceeding, a requirement conversely found in Subsection (2).

Subsection (2) is applied to traffic lights at intersections and that states drivers must stop at the red light, and then, "must not cause the vehicle to proceed until a traffic control signal instructs the driver that he or she is permitted to do so."

As you correctly point out, the crosswalks you mention are two locations where, after first coming to a complete stop, and then ensuring it is safe to proceed, you may then continue driving through the red light.

Although it almost feels wrong to write that, it is nonetheless true. Be aware, though, that other drivers may not expect this, either because they have committed the unfortunate error of not consistently reading this column, or because this rule is not widely known. Either way, both they and other pedestrians may be surprised, and one must always consider the reactions of other people when making driving decisions.

Sgt. Peter DeVries

North Vancouver RCMP

Follow Peter on Twitter at www.twitter.com/rcmpdevries

If you have a question for Ask a Cop, email it to editor@nsnews.com or mail it to the attention of the editor, North Shore News, Suite 100 - 126 East 15th St., North Vancouver, B.C., V7L 2P9.