Q&A - Dumpsters on the Road

Question: Just wonder if you know if there is a minimum distance dumpsters can be from the side of the road? Does it work like it would for a car that must be parked within 12 inches of the curb? Should they be on the road at all?

Dumpsters Don't Belong on the Road

I would expect that a dumpster must be kept off of the highway and stored on private property. When I say highway, I mean the definition of highway from the Motor Vehicle Act:

"highway" includes

(a) every highway within the meaning of the Transportation Act,

(b) every road, street, lane or right of way designed or intended for or used by the general public for the passage of vehicles, and

(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,

but does not include an industrial road;

Exemptions

Exemptions can be granted by permit from the responsible authority. Your complaint may find that the bin has been placed with permission.

Things Abandoned on a Highway

Things abandoned on a public highway may be removed by the Minister of Transportation and the costs for removal billed to the owner or person who abandoned it there. A container placed on a highway without a permit would be considered to be abandoned there.

Municipal Bylaws

If you park a container in a municipality, then a municipal bylaw would apply. No doubt it would act similarly to the Transportation Act, but could prescribe other things such as where on private property it may be stored. You will have to check your local bylaws.

For example, the City of Vancouver's Street & Traffic Bylaw 2849 regulates containers parked on the street in section 71J starting on page 50. The City can set conditions in the required permit in addition to those required by the bylaw. Minimum distances from the curb, sidewalks, driveways are specified along with a minimum lane width to pass by the container.

Enforcement

The police or road maintenance contractor are responsible in rural areas and police or bylaw enforcement is responsible in municipalities.

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