The Martlet

B.C. university students may end up paying more for their parking violations after a B.C. Supreme Court judge ruled that, under the Universities Act, schools aren’t authorized to simply fine students for infringements.

Several universities, unable to issue tickets to vehicle owners who park outside designated areas or without a valid parking permit, must now rely on towing or immobilizing vehicles.

The changes began at University of B.C. who was the defendant in the case against Daniel Barbour, a Vancouver chartered accountant who launched the class action in 2005 after UBC towed his car for four unpaid parking tickets worth $200.

While Barbour did not challenge UBC’s right to regulate parking on campus or to charge for parking, he alleged that the university should not be able to charge fines for non-compliance. And the Justice Richard Goepel agreed, but said the school may instead tow vehicles and collect the costs arising from such towing.

While this is a short-term victory for students with fines outstanding, which universities may no longer collect, the students that don’t comply with parking regulations will likely pay more for their habits over the long term — and this goes for all B.C. universities.

At UVic, students parking illegally can now expect to receive a warning under their windshield wiper for a first offense, and expect to be picking their car up from the tow lot for the second.

“We have no choice but to keep up with what other universities are doing,” said Pete Zacour, director of Campus Security services. “We weren’t party to the case, but it’s due diligence to follow the new standard.”

Previously, UVic security officers would fine a vehicle owner $25 for the first four violations, and the fifth violation ticket would be accompanied with a warning that next time the vehicle would be towed. This ensured that only chronic offenders were left with the $125 tow truck bill.

“Students are going to have to be a lot more careful now,” Zacour warned. “I think this will especially be an issue in September when new students come that don’t know the rules.”

To reduce the cost to students, Zacour said the university has ordered immobilization devices that officers can attach to the tires of improperly parked vehicles. It will cost students $65 to have them removed — over twice the price of the former parking tickets.

Simon Fraser University (SFU) has also started using tire clamps in lieu of parking tickets, however they immobilize vehicles without warning and charge $30 to remove the clamps — about the same as a parking fine would have cost a student.

“It’s just a bit more inconvenient for everyone,” said SFU spokesperson Don MacLachlan. “We still need firm parking enforcements to keep the place safe and make sure people are paying their fees.”

However, colleges that aren’t governed by the Universities Act aren’t making any changes. After seeking legal advice on the issue, Camosun College has decided to continue issuing tickets as usual.

“As far as we can tell, this doesn’t affect us. We haven’t changed anything,” said Kathryn Le Gros, Camosun’s director of auxiliary services. “We’re trying to maintain the best possible scenario for our students. I’m sure students would rather get a parking ticket than be towed.”