Some Conservative MLAs cautioned that the wording is too vague and could give police too much power to issue reckless-driving bans without the chance for drivers to appeal the decision.
The family of a 12-year-old who was struck and killed on a country road this summer went through a full box of tissues on Monday as B.C. legislators debated a proposed bill that would strengthen rules around reckless driving.
Xavier Rasul-Jankovics died after being hit by a teenage driver not far from his home near Shawnigan Lake on Aug. 25, days before he was to begin Grade 7 at Queen Margaret’s School in Duncan.
The family has been asking for stronger reckless-driving laws since his death.
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Vancouver criminal lawyer Kyla Lee, a specialist in the Motor Vehicle Act and a frequent commentator on driving-related issues, said politicians want to be seen as doing something when a high-profile death like Xavier’s happens.
“Everybody feels the pain when a child is killed in a driving incident,” she said.
However, the definition of reckless driving in Xavier’s Law is vague and captures a lot of driving behaviour that isn’t dangerous, she said.
For example, she said, drivers who do burnouts in a parking lot at 2 a.m. don’t pose public safety risks, but would be categorized as reckless drivers under the bill.
“Yes, it’s kind of rude [to do burnouts], but it’s not dangerous to anybody else,” she said.
Lee said the bill could make enforcing driving laws more unfair.
“It sets up this weird precedent where if a police officer sees it happen, you immediately lose your licence for 30 days,” she said. “But if nobody sees it happen, you don’t get anything on your driving record.”