The Editor, Re: "'Little guy' wins traffic dispute in Supreme Court," News, July 31.
It seems to me that an important driver responsibility has been obscured by Mr. Peter Kinach's court success.
Don't get me wrong - I am not unsympathetic. If he indeed executed a full stop at a "poorly placed" stop sign, I believe the RCMP officer could have exercised discretion and not issued a traffic ticket.
However, as a motorcyclist (and instructor) who rides all year, I am acutely aware of drivers who simply do not see motorcycles and who, among other things, treat stop signs as a suggestion; use yield signs to execute dangerous traffic merges; use signals only when doing so will not interfere with texting and who treat the first three seconds of a red traffic light the same as a green light.
I consider these individuals as "average drivers," who belong in one of three groups: never learned; have forgotten or simply ignore the rules of the road.
Riding a motorcycle in traffic is an exercise in risk management which can have severe consequences if the risk is not managed appropriately.
Therefore, any driver who does not stop at the correct stop point at an intersection represents a significant hazard to a motorcyclist.
Similarly, if a motorcyclist fails to stop at the correct stop point, they have increased their risk factor significantly.
In B.C., the correct stop point at intersections with stop signs is clearly described in the ICBC handbook Learn to Drive Smart (page 42). The stop sign is simply a "device" that tells a road user that a stop is required at the intersection.
The actual stop point however - as Mr. Kinach found out - is somewhat irrespective of the location of the sign and a "poorly placed" sign, in my opinion, does not absolve driver responsibility to know the correct stop point at an intersection with a stop sign.
The judge (who is most likely an average driver) agreed with Mr. Kinach's argument and the ticket was "thrown out."
My concern is the decision could be used to deflect driver responsibility to know and follow the rules of the road regardless of "poorly placed signs."
For Mr Kinach, I would hope his experience would give him pause to consider a review of the ICBC booklet to possibly avoid a "poorly placed" traffic light or some other "poorly placed" traffic control device that could result in something much more costly than a traffic ticket or legal costs.
John Ethier
Richmond
