Is s. 193 of the Motor Vehicle Act, or is it permissible for a driver to cause a vehicle to move?

British Columbia, Canada


The following excerpt is from Dechev v. Judas, 2004 BCSC 1564 (CanLII):

I am not persuaded that s. 193 of the Motor Vehicle Act may be so narrowly interpreted as it was in Ireland, supra. Indeed, in Gill v. Francis, [1997] B.C.J. No. 2491 (B.C.S.C.), Errico J. considered this section in a case where the plaintiff, who had been riding his bicycle behind a row of parked vehicles, was struck by the defendant’s vehicle as that vehicle backed out of his parking space. The plaintiff relied upon both s. 193 of the Motor Vehicle Act as well as s. 195 which provides “a person must not cause a vehicle to move on a highway if….(b) the view of the driver to the front or sides of the vehicle is obstructed.” Regarding s. 193 in combination with s. 195 of the Act, Errico J. noted: ...It would appear that most if not all situations where a vehicle is parked in a row of vehicles, that a driver could not cause the vehicle to move without being in breach of that section.

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