The Independent Investigations Office of BC (IIOBC) has cleared an RCMP officer of wrongdoing after a cyclist collided with his cruiser in View Royal.
On September 12, 2019, at about 4:30 p.m., the officer was driving northbound on Thomas Rd., and was making a right turn onto Seenupin Rd.
A cyclist who was travelling northbound on the shoulder collided with the front end of the cruiser as it turned, sending her flying over the hood.
The cyclist sustained serious injuries.
According to a witness who was travelling northbound behind the RCMP cruiser, the officer failed to signal his turn.
However, a senior manager with the Ministry of Transportation and Infrastructure testified that the cyclist was not in a designated bicycle lane and was not permitted to pass traffic on the right.
The Motor Vehicle Act says that failing to signal a turn is only an offence “[if] traffic may be affected by the turning vehicle.”
According to the IIO,because the cyclist was not in a designated bike lane, the officer could not reasonably have expected there to be traffic affected by his turn.
As such the RCMP officer was found not to have committed an offence by failing to signal.
The IIO noted in its conclusion that the cyclist did not provide them with a statement in spite of multiple requests.
“I do not consider that there are reasonable grounds to believe that an officer may have committed an offence under any enactment,” Chief Civilian Director Ronald J. MacDonald wrote in his conclusion.
“Therefore the matter will not be referred to Crown counsel for consideration of charges.”
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