There are few things more infuriating for an impatient driver in already gridlocked traffic than a flagger directing that everyone else has to just wait a little bit longer, while this 60-foot truck tries to reverse into a driveway for the 8th time. Yes, you understand that the traffic flagger is just doing their job, trying to keep everyone safe on the road. But from where you’re sitting, it seems like the convenience of the truck, still trying to back into that driveway, is more important than everyone else on the road.
As the minutes tick by, you and everyone else around you are growing more impatient. Cool that temperature, though. Regardless of how ridiculous you think the flagger is, disobeying their directions or worse – bumping into them, accident or otherwise – could result in steep consequences.
Why do I even have to listen to that traffic flagger?
Flaggers in BC are technically known as “traffic control persons” and obtain their authority as a result of a provincial regulation or municipal bylaws. These workers are qualified by way of a two-day course authorized by WorkSafeBC, where they learn their roles and responsibilities as flaggers, how to direct traffic, and the laws and regulations as they relate to traffic control.
The relevant sections of the Motor Vehicle Act are 141 and 141.1, the latter of which states “a person must obey directions of the traffic control person” whenever these people are controlling the movement of traffic. There’s no specific requirement that a construction zone is present or that there’s roadwork in the vicinity, the only question is whether the flagger is present and directing traffic. The offence of disobeying a flagger carries a $196 fine and three Driver Penalty Points.
Can’t drivers just respect traffic flaggers?
If only it were that easy. In one 2006 case, a man was trying to get into an alleyway around 41st and Cambie in Vancouver but was halted by a traffic flagger. The man’s version of the story is that he was trying to go around the alleyway as directed by the flagger, but unintentionally clipped the flagger while scanning for traffic. The man testified he was not aware he struck the flagger. Ultimately, however, the man was charged with assault with a weapon, assault causing bodily harm, dangerous driving and leaving the scene of an accident. He was found guilty on all counts.
These cases are rarely black-and-white. In a 2010 incident, this time in New Westminster, there were again two versions of events. One version came from the flagger who was allegedly struck. This version alleged that the driver of a pick-up truck got into a confrontation with a flagger, threatened to run the flagger over, and bumped into the flagger before driving on. The driver’s version included the testimony of another flagger, working for another company, who testified that no contact was made and that the flagger suddenly ran onto the road to intercept the driver. The court ended up believing the former version of events, and convicted the driver with assault with a weapon.
What to do when confronted by a traffic flagger?
It is never a good idea to drive so close to a traffic flagger that contact could be easily made. As demonstrated by two local BC cases, even if a driver does not believe contact has been made, an allegation that you struck a traffic flagger could result in an assault with weapon charge. Or worse.
Our advice would be to always give traffic flaggers plenty of room and to respect the law in obeying their directions, even if that truck is now reversing for the 15th time. However, if you do find yourself in unavoidable conflict with a traffic flagger, know that the charges can be serious. Contact one of our experienced lawyers. We can discuss your options and attempt to find a successful conclusion for your case.