Policy 16.7 - Stopping Vehicles

Effective Date: 31-July-97
Updated: September-05
Responsible Branch: Compliance and Enforcement Branch

Scope

This policy covers the stopping of vehicles by Officials pursuant to their authority under section 60 of the Forest and Range Practices Act, [FRPA] and or Section 21 of the Wildfire Act [WA].

Section 60 of FRPA reads as follows:
Inspection of vehicle or vessel carrying forest or range products
For any purpose related to the administration and enforcement of the Acts, an official or a peace officer may

	(a)	require a person operating a vehicle or vessel to stop the vehicle or vessel, and
	(b)	carry out an inspection of a vehicle or vessel, if the official or peace officer has reasonable grounds to believe that
	(c)	the vehicle or vessel contains or is transporting timber, special forest products, seed, botanical forest products or hay, or
	(d)	a person is contravening or has contravened one or more provisions of the Acts.

Section 21 of the WA reads as follows:
Inspection of vehicle or vessel
An official or peace officer, who has reasonable grounds to believe that there is anything that is in or on a vehicle or vessel and is relevant to a contravention by any person of this Act or the regulations, may

	(a)	require the person operating the vehicle or vessel to stop the vehicle or vessel, and
	(b)	carry out an inspection of the vehicle or vessel.

Purpose

To provide Officials with guidance and direction on the stopping of vehicles in the performance of their duties.

Definitions

"Acts" means the Range Act, the Wildfire Act, the Forest Act, the Forest Practices Code of British Columbia Act, and the Forest and Range Practices Act, and their Regulations.

"C&E Leader" means a District Compliance Leader, a Regional Compliance and Enforcement Manager and a Fire Centre Compliance and Enforcement Leader.

"CIMS" means the Compliance Information Management System.

"ERA" means the Enforcement and Review Administrative system.

"FSR" means Forest Service Road.

"mobile stops" means unplanned stoppages of one or more vehicles conducted by a mobile official at their discretion on public roads, highways, or forest service roads for short periods of time.

"Official" means a Ministry employee who has been so designated pursuant to the FRPA and or the WA.

"stationary stops " means pre-planned stoppages which may affect other traffic on a road or highway, conducted at a fixed location for a period of time.

Policy

It is Ministry policy that:

Only those Officials who perform a C&E function may exercise the authority to stop and inspect vehicles pursuant to section 60 of FRPA and section 21 of the WA.

Officials may stop vehicles for the purpose of inspecting for compliance with the Acts.

A C&E Leader may direct an Official that he or she may not conduct a mobile or stationary stop until such time as the C&E Leader is comfortable with the Officials' level of training and or experience necessary to safely and appropriately conduct such an action.

Stationary Stops

Stationary stops will only be undertaken with the approval of a C&E Leader or delegate. Approval may be comprehensive [i.e. at a time and location determined by the Official during the course of their duties] or case by case [requiring prior approval].

All relevant safety standards as prescribed by the Workers Compensation Act will be adhered to by all Ministry staff involved in any stationary stop.

Stationary stops on roads other than FSRs, Road Permit Roads, wilderness roads and non-status roads will only occur after prior consultation with the local police detachment.

Where practical, stationary stops on FSRs, Road Permit Roads, and non-status roads with a significant level of public use will only occur after prior notification to the local police detachment.

Where practical, a reasonable effort will be made to consult with and involve other agencies such as the Conservation Officer Service, Motor Vehicles Branch and/or the Department of Fisheries and Oceans in pre-planned stationary stops.

Where practical, C&E program staff will advise all other program areas on the planning and execution of any stationary stops that may serve the interest and mandate of the other program area.

Where multiple agencies are involved in a stationary stop, all protocols and procedures should be determined prior to the stationary stop and the Ministry will take a proactive approach in initiating any such process.

Any stationary stop will consider public and staff safety as the highest priority during the set up, layout and management of any stationary stop.

Roads that are primarily industrial use roads may have stationary stops set up without consulting the local police detachment. In these cases, proper signage, traffic cones, adequate sight lines and all other factors necessary to ensure public and staff safety as the highest priority will be initiated.

Upon approval by a C&E Leader or delegate, Officials may utilise flashing amber lights to assist in the layout and direction of a stationary stop. Flashing amber lights may not be mounted to or used inside of a Forest Service vehicle during a stationary stop.

Use of red, white, or blue flashing lights, whether for stationary or mobile stops, by Ministry employees is contrary to the Motor Vehicle Act.

Mobile Stops

Officials may not follow vehicles at speeds in excess of the posted limit other than where authorized to do so under another enactment.

Officials may not use amber flashing lights to assist in mobile stops. Officials may set up amber flashing lights for traffic control and safety after a mobile stop has been initiated.

All mobile stops will consider public and staff safety as the highest priority.

Mobile stops may be initiated by hand signals, flashing headlights or through radio contact. Officials may not use force in any manner to initiate the stopping of any vehicle. Where a vehicle does not stop when requested, an Official may request the assistance of the local police detachment. Where a vehicle does not stop and the vehicle is operated by an agent, employee or contractor of the holder of an agreement under the Forest Act, the Official may contact the agreement holder for assistance.

When conducting a mobile stop, officials will observe all local safety protocols.

Record Keeping

All vehicle stops, mobile and stationary, will be recorded in CIMS or ERA as the case may be.

References

• Forest Act,
• Forest and Range Practices Act,
• Forest Practices Code Act of British Columbia,
• Workers Compensation Act,
• Ministry Policy 16.3 Designation of Forest Officials, and
• Motor Vehicle Act.