Can the charge of "Driving without Due Care and Attention" be given
when the vehicle is in a private parking lot in Canada? According to
my research the law only applies to a motor vehicle on a "highway"
which does not include private property. I am appealing a ticket on
the grounds that it occured in a private BC Rail parking lot, and am
wondering if the law is on my side and I have a chance of winning.

yoinky-ga:

Thank you for your question regarding the applicability of the BC
Motor Vehicle Act to citations issued in a private parking lot.

I am sorry to inform you that the BC Motor Vehicle Act is indeed
applicable even when you are operating your vehicle in a private
parking lot. Allow me to refer you to the revelant sections of the
Act:

If you navigate to the BC Motor Vehicle Act at:

http://www.qp.gov.bc.ca/statreg/stat/M/96318_01.htm

and refer to Section 1, "Definitions", under the definition of
'highway', it is defined as including "(c) every private place or
passageway to which the public, for the purpose of the parking or
servicing of vehicles, has access or is invited;".

http://www.qp.gov.bc.ca/statreg/stat/M/96318_01.htm#section1


If you then refer to Section 144(1)(a), which states: "A person must
not drive a motor vehicle on a highway without due care and
attention", it becomes apparent that a charge of driving without due
care and attention in a private parking lot is supported by the Act.

http://www.qp.gov.bc.ca/statreg/stat/M/96318_03.htm#section144


Good luck,

aht-ga
Google Answers Researcher

While the answer isn't what I was hoping for it does answer my
question, very promptly too. Thanks for your help.