Tim Schewe

Drivesmart column: Intersection camera tickets and penalty points

As of Sept. 1, 2018 it’s no longer possible for owner to nominate driver to deal with the ticket

By Tim Schewe

“I have a question that I hope you will answer for me. If an intersection safety camera ticket is sent to the vehicle’s owner, do they get penalty points on their licence? I found a web post that says you only get penalty points if you were caught by a cop. Is that true?”

It appears that when red light cameras began to operate all the time, the ability of the vehicle owner to identify the driver was quietly removed by our government. As of Sept. 1, 2018 it is no longer possible for the owner to nominate the driver and leave them to deal with the ticket.

If the owner of the vehicle is served with an Intersection Safety Camera (ISC) violation for running a red light or speeding and they pay it or are found guilty of it, there are no points assessed.

The defence of due diligence is available to the registered owner to dispute ISC tickets, particularly where the owner is a business. The owner may approach the ISC Program and ask to have the ticket withdrawn on the basis of a due diligence offence. The ISC officer may consider materials provided by the company or its legal counsel which identify that the company exercised due diligence to prevent these offences by its drivers.

Typical material to submit would include:

• The owner must be satisfied that the driver will responsibly operate the vehicle and not break the law.

• The owner must demonstrate they made a “good faith” attempt to ensure compliance with the law.

• The driver must have a good history of accidents, tickets, penalty points, warnings, etc.

• A written policy forbidding speeding and red light running.

• A written policy which reflects the seriousness of the offence of speeding and red light running.

• The driver is aware that there are consequences for bad behaviour, typically a progressive structure: warning, written reprimand, loss of privilege/employment.

• Drivers entrusted with a vehicle are forbidden from allowing anyone else to operate the vehicle.

• The owner must establish that at the time of the offence, the driver was the operator of the vehicle.

This may be more difficult for the parent who allows their teen to use the vehicle or loans it to a visiting friend or family member.

You will find more information on intersection safety camera tickets on ICBC’s website.

Tim Schewe is a retired constable with many years of traffic law enforcement. To comment or learn more, please visit DriveSmartBC.ca