Trucker loses challenge on brake-check regulation

'He drove by the brake check without any attempt at compliance'

Kamloops Daily News
June 19, 2013 01:00 AM

A provincial court judge dismissed a constitutional challenge by a trucker whose lawyer argued B.C.'s brake-check regulation is vague and unenforceable.

Judge Stella Frame originally convicted Victor Shymansky, an Ontario truck driver, of failing to obey a traffic control device calling for a brake check - an offence subject to a $109 fine.

On May 25, 2011, a commercial vehicle safety enforcement officer parked on the hill below the Hwy. 5 brake check observed Shymansky's semi-trailer drive past without stopping.

Shymansky's lawyer, John Drayton, filed a constitutional challenge.

"The crux of the argument is that a driver 'must inspect brake system' but there is no description or definition in the regulation or Motor Vehicle Act of what it means to inspect a brake system," Frame wrote in her judgment.

A provincial safety official testified the check is as simple as the driver coming to a full stop and listening for an air leak.

"Mr. Shymanski made no such attempt to comply," wrote Frame.

"He drove by the brake check without any attempt at compliance. With no compliance or attempt at compliance, Mr. Shymanski cannot argue that he exercised due diligence or that that regulatory signage was vague and unenforceable."

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