Provincial Offence of Driving While Prohibited (13:XI) - Revision history

LSLAP at 19:25, 13 October 2025

2025-10-13T19:25:37Z

← Older revision		Revision as of 19:25, 13 October 2025
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	{{REVIEWED LSLAP \| date= ~~August 14, 2024~~}}		{{REVIEWED LSLAP \| date= 30 July 2025}}
	{{LSLAP Manual TOC\|expanded = motor}}		{{LSLAP Manual TOC\|expanded = motor}}
	It is an offence under the ''Motor Vehicle Act'' s 95(1)(a) to drive a motor vehicle on a highway or industrial		It is an offence under the ''Motor Vehicle Act'' s 95(1)(a) to drive a motor vehicle on a highway or industrial

LSLAP at 23:58, 28 September 2025

2025-09-28T23:58:14Z

← Older revision		Revision as of 23:58, 28 September 2025
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	The individual's driving record will also be blemished and they will receive a 10 point ''Motor Vehicle Act'' infraction on their record.		The individual's driving record will also be blemished and they will receive a 10 point ''Motor Vehicle Act'' infraction on their record.

	The term “knowingly” means that Crown must prove beyond a reasonable doubt that the person charged knew that they were prohibited from driving. However, service of a prohibition certificate by registered mail, per Motor Vehicle Act s 95(4)(a) constitutes constructive knowledge, even in cases where the accused never reads the driving prohibition: [https://www.canlii.org/en/bc/bcpc/doc/2010/2010bcpc316/2010bcpc316.html ''R v. Wall'', 2010 BCPC 316].		The term “knowingly” means that Crown must prove beyond a reasonable doubt that the person charged knew that they were prohibited from driving. However, service of a prohibition certificate by registered mail, per Motor Vehicle Act s 95(4)(a) constitutes constructive knowledge, even in cases where the accused never reads the driving prohibition: ''[https://www.canlii.org/en/bc/bcpc/doc/2010/2010bcpc316/2010bcpc316.html R v. Wall]'', 2010 BCPC 316.

	The prohibited driver’s vehicle will likely be impounded if caught driving while prohibited. For more information on vehicle impoundment, please see https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/high-risk-driver/impoundment.		The prohibited driver’s vehicle will likely be impounded if caught driving while prohibited. For more information on vehicle impoundment, please see https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/high-risk-driver/impoundment.

LSLAP at 21:02, 21 August 2024

2024-08-21T21:02:59Z

← Older revision		Revision as of 21:02, 21 August 2024
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	{{REVIEWED LSLAP \| date= ~~July 1~~, ~~2023~~}}		{{REVIEWED LSLAP \| date= August 14, 2024}}
	{{LSLAP Manual TOC\|expanded = motor}}		{{LSLAP Manual TOC\|expanded = motor}}
	It is an offence under the ''Motor Vehicle Act'' s 95(1)(a) to drive a motor vehicle on a highway or industrial		It is an offence under the ''Motor Vehicle Act'' s 95(1)(a) to drive a motor vehicle on a highway or industrial

Nate Russell: Nate Russell moved page Driving While Prohibited (13:XI) to Provincial Offence of Driving While Prohibited (13:XI): 2024 edition

2024-07-26T21:05:03Z

Nate Russell moved page Driving While Prohibited (13:XI) to Provincial Offence of Driving While Prohibited (13:XI): 2024 edition

← Older revision	Revision as of 21:05, 26 July 2024
(No difference)

LSLAP at 18:44, 8 August 2023

2023-08-08T18:44:06Z

Clicklaw Editor at 20:01, 20 September 2022

2022-09-20T20:01:32Z

← Older revision		Revision as of 20:01, 20 September 2022
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	The prohibited driver’s vehicle will likely be impounded if caught driving while prohibited. For more information on vehicle impoundment, please see https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/high-risk-driver/impoundment.		The prohibited driver’s vehicle will likely be impounded if caught driving while prohibited. For more information on vehicle impoundment, please see https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/high-risk-driver/impoundment.

	It is advisable that individuals charged with Driving While Prohibited seek out legal advice from a lawyer. It is possible to work out a plea deal with the Crown Counsel to a lesser included offence of Driving Without a ~~Licence~~ pursuant to s 24(1) of the ''Motor Vehicle Act''. The benefits of this resolution are that:		It is advisable that individuals charged with Driving While Prohibited seek out legal advice from a lawyer. It is possible to work out a plea deal with the Crown Counsel to a lesser included offence of Driving Without a License pursuant to s 24(1) of the ''Motor Vehicle Act''. The benefits of this resolution are that:

	* There is no statutory minimum driving prohibition;		* There is no statutory minimum driving prohibition;
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	* The individual's driving record will only be blemished with a 3 point ''Motor Vehicle Act'' infraction on their record.		* The individual's driving record will only be blemished with a 3 point ''Motor Vehicle Act'' infraction on their record.


	{{LSLAP Manual Navbox\|type=chapters8-14}}		{{LSLAP Manual Navbox\|type=chapters8-14}}

LSLAP at 22:16, 23 August 2022

2022-08-23T22:16:15Z

← Older revision		Revision as of 22:16, 23 August 2022
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	{{REVIEWED LSLAP \| date= ~~June 30~~, ~~2021~~}}		{{REVIEWED LSLAP \| date= July 4, 2022}}
	{{LSLAP Manual TOC\|expanded = motor}}		{{LSLAP Manual TOC\|expanded = motor}}
	It is an offence under the ''Motor Vehicle Act'' s 95(1)(a) to drive a motor vehicle on a highway or industrial		It is an offence under the ''Motor Vehicle Act'' s 95(1)(a) to drive a motor vehicle on a highway or industrial

Desy Wahyuni: Desy Wahyuni moved page Provincial Offence - Driving While Prohibited (13:XI) to Driving While Prohibited (13:XI) over redirect

2022-08-12T17:12:59Z

Desy Wahyuni moved page Provincial Offence - Driving While Prohibited (13:XI) to Driving While Prohibited (13:XI) over redirect

← Older revision	Revision as of 17:12, 12 August 2022
(No difference)

Clicklaw Editor: Clicklaw Editor moved page Driving While Prohibited (13:XI) to Provincial Offence - Driving While Prohibited (13:XI)

2022-08-12T01:38:09Z

Clicklaw Editor moved page Driving While Prohibited (13:XI) to Provincial Offence - Driving While Prohibited (13:XI)

← Older revision	Revision as of 01:38, 12 August 2022
(No difference)

LSLAP at 08:17, 10 August 2021

2021-08-10T08:17:32Z

← Older revision		Revision as of 08:17, 10 August 2021
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	The term “knowingly” means that Crown must prove beyond a reasonable doubt that the person charged knew that they were prohibited from driving. However, service of a prohibition certificate by registered mail, per Motor Vehicle Act s 95(4)(a) constitutes constructive knowledge, even in cases where the accused never reads the driving prohibition: [https://www.canlii.org/en/bc/bcpc/doc/2010/2010bcpc316/2010bcpc316.html ''R v. Wall'', 2010 BCPC 316].		The term “knowingly” means that Crown must prove beyond a reasonable doubt that the person charged knew that they were prohibited from driving. However, service of a prohibition certificate by registered mail, per Motor Vehicle Act s 95(4)(a) constitutes constructive knowledge, even in cases where the accused never reads the driving prohibition: [https://www.canlii.org/en/bc/bcpc/doc/2010/2010bcpc316/2010bcpc316.html ''R v. Wall'', 2010 BCPC 316].

	The prohibited driver’s vehicle will likely be impounded if caught driving while prohibited. For more information on vehicle impoundment, please see https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/~~driving-prohibitions-suspensions~~/~~prohibitions~~-~~and~~-~~suspensions~~/~~caught-driving-while-prohibited~~.		The prohibited driver’s vehicle will likely be impounded if caught driving while prohibited. For more information on vehicle impoundment, please see https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/high-risk-driver/impoundment.

	It is advisable that individuals charged with Driving While Prohibited seek out legal advice from a lawyer. It is possible to work out a plea deal with the Crown Counsel to a lesser included offence of Driving Without a Licence pursuant to s 24(1) of the ''Motor Vehicle Act''. The benefits of this resolution are that:		It is advisable that individuals charged with Driving While Prohibited seek out legal advice from a lawyer. It is possible to work out a plea deal with the Crown Counsel to a lesser included offence of Driving Without a Licence pursuant to s 24(1) of the ''Motor Vehicle Act''. The benefits of this resolution are that:

← Older revision		Revision as of 18:44, 8 August 2023
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	{{REVIEWED LSLAP \| date= July 4, ~~2022~~}}		{{REVIEWED LSLAP \| date= July 1, 2023}}
	{{LSLAP Manual TOC\|expanded = motor}}		{{LSLAP Manual TOC\|expanded = motor}}
	It is an offence under the ''Motor Vehicle Act'' s 95(1)(a) to drive a motor vehicle on a highway or industrial		It is an offence under the ''Motor Vehicle Act'' s 95(1)(a) to drive a motor vehicle on a highway or industrial
	road knowing that they are prohibited from doing so under:		road knowing that they are prohibited from doing so under:

	* ss 91 (prohibition issued by the Insurance Corporation of British Columbia for an unsatisfied court judgment),		* ss 91 (prohibition issued by the Insurance Corporation of British Columbia for an unsatisfied court judgment);

	* 92 (prohibition against driving relating to fitness or ability to drive),		* 92 (prohibition against driving relating to fitness or ability to drive);

	* 93 (prohibition issued by Superintendent in the public interest),		* 93 (prohibition issued by Superintendent in the public interest);

	* 94.2 (driving prohibition for driving while impaired by alcohol or refusing to provide a breath sample without reasonable excuse),		* 94.2 (driving prohibition for driving while impaired by alcohol or refusing to provide a breath sample without reasonable excuse),
	* 215 (24 hour impaired driving prohibition),		* 215 (24 hour impaired driving prohibition);

	* 215.43 (immediate roadside driving prohibition), or		* 215.43 (immediate roadside driving prohibition); or

	* 251(4) (prohibition for driving while failing to hold a license, or while an impoundment notice was issued on the license).		* 251(4) (prohibition for driving while failing to hold a license, or while an impoundment notice was issued on the license).
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	Then the person commits an offence and is liable:		Then the person commits an offence and is liable:

	* on a first conviction, to a fine of not less than $500 and not more than $2 000 or to imprisonment for not more than 6 months, or to both, and		* On a first conviction, to a fine of not less than $500 and not more than $2 000 or to imprisonment for not more than 6 months, or to both, and

	* on a subsequent conviction, regardless of when the contravention occurred, to a fine of not less than $500 and not more than $2 000 and to imprisonment for not less than 14 days and not more than one year.		* On a subsequent conviction, regardless of when the contravention occurred, to a fine of not less than $500 and not more than $2 000 and to imprisonment for not less than 14 days and not more than one year.

	* The individual's driving record will also be blemished and they will receive a 10 point ''Motor Vehicle Act'' infraction on their record.		The individual's driving record will also be blemished and they will receive a 10 point ''Motor Vehicle Act'' infraction on their record.

	The term “knowingly” means that Crown must prove beyond a reasonable doubt that the person charged knew that they were prohibited from driving. However, service of a prohibition certificate by registered mail, per Motor Vehicle Act s 95(4)(a) constitutes constructive knowledge, even in cases where the accused never reads the driving prohibition: [https://www.canlii.org/en/bc/bcpc/doc/2010/2010bcpc316/2010bcpc316.html ''R v. Wall'', 2010 BCPC 316].		The term “knowingly” means that Crown must prove beyond a reasonable doubt that the person charged knew that they were prohibited from driving. However, service of a prohibition certificate by registered mail, per Motor Vehicle Act s 95(4)(a) constitutes constructive knowledge, even in cases where the accused never reads the driving prohibition: [https://www.canlii.org/en/bc/bcpc/doc/2010/2010bcpc316/2010bcpc316.html ''R v. Wall'', 2010 BCPC 316].