Superintendent of Motor Vehicles Prohibitions (13:VIII) - Revision history

LSLAP at 19:25, 13 October 2025

2025-10-13T19:25:26Z

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LSLAP at 21:02, 21 August 2024

2024-08-21T21:02:26Z

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LSLAP at 18:31, 8 August 2023

2023-08-08T18:31:56Z

Clicklaw Editor: /* C. Automatic Prohibitions */

2022-09-15T22:52:06Z

C. Automatic Prohibitions

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	:b) s 102: driving while prohibited by operation of law;		:b) s 102: driving while prohibited by operation of law;

	:c) s 224: impaired driving; ~~or [REPEALED]~~		:c) s 224: impaired driving; (Repealed)

	:d) s 226(1): refusing to give a blood sample. ~~[REPEALED]~~		:d) s 226(1): refusing to give a blood sample. (Repealed)

	Under ''Motor Vehicle Act'' s 100(3), an individual who refuses to stop for a police officer will receive a two-year prohibition from driving if they are also convicted of one of the following Criminal Code offences:		Under ''Motor Vehicle Act'' s 100(3), an individual who refuses to stop for a police officer will receive a two-year prohibition from driving if they are also convicted of one of the following Criminal Code offences:

Clicklaw Editor: /* C. Automatic Prohibitions */

2022-09-15T22:50:37Z

C. Automatic Prohibitions

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	A driver convicted of a ''Criminal Code'' motor vehicle offence is automatically prohibited from driving for a period of one year (''Motor Vehicle Act'' s 99). The automatic prohibition also applies to some offences under the ''Motor Vehicle Act'', including:		A driver convicted of a ''Criminal Code'' motor vehicle offence is automatically prohibited from driving for a period of one year (''Motor Vehicle Act'' s 99). The automatic prohibition also applies to some offences under the ''Motor Vehicle Act'', including:

	* a) s 95: driving while prohibited by order of peace officer or Superintendent;		:a) s 95: driving while prohibited by order of peace officer or Superintendent;

	* b) s 102: driving while prohibited by operation of law;		:b) s 102: driving while prohibited by operation of law;

	* c) s 224: impaired driving; or [REPEALED]		:c) s 224: impaired driving; or [REPEALED]

	* d) s 226(1): refusing to give a blood sample. [REPEALED]		:d) s 226(1): refusing to give a blood sample. [REPEALED]

	Under ''Motor Vehicle Act'' s 100(3), an individual who refuses to stop for a police officer will receive a two-year prohibition from driving if they are also convicted of one of the following Criminal Code offences:		Under ''Motor Vehicle Act'' s 100(3), an individual who refuses to stop for a police officer will receive a two-year prohibition from driving if they are also convicted of one of the following Criminal Code offences:

	* a) s 220: criminal negligence causing death;		:a) s 220: criminal negligence causing death;

	* b) s 221: criminal negligence causing bodily injury;		:b) s 221: criminal negligence causing bodily injury;

	* c) s 236: manslaughter; or		:c) s 236: manslaughter; or

			:d) s 320.13(1), (2), or (3): dangerous operation of a motor vehicle.

	* d) s 320.13(1), (2), or (3): dangerous operation of a motor vehicle.

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Clicklaw Editor: /* 3. Other Reasons for Prohibitions */

2022-09-15T22:49:26Z

3. Other Reasons for Prohibitions

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	The superintendent may prohibit you from driving for other reasons, including:		The superintendent may prohibit you from driving for other reasons, including:

	* A failure to obtain automobile liability insurance;		* a failure to obtain automobile liability insurance;

	* ~~Indebtedness~~ to ICBC for reimbursement of money paid in respect of a claim; or		* indebtedness to ICBC for reimbursement of money paid in respect of a claim; or

	* ~~Indebtedness~~ to the government for failure to pay fines.		* indebtedness to the government for failure to pay fines.

	== B. Appeals ==		== B. Appeals ==

LSLAP at 22:09, 23 August 2022

2022-08-23T22:09:41Z

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LSLAP at 07:14, 10 August 2021

2021-08-10T07:14:49Z

Corinne Shortridge at 22:54, 28 September 2020

2020-09-28T22:54:16Z

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	* d) s 320.13(1), (2), or (3): dangerous operation of a motor vehicle.		* d) s 320.13(1), (2), or (3): dangerous operation of a motor vehicle.

	~~{{REVIEWED LSLAP \| date= August 21, 2020}}~~
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LSLAP at 21:57, 6 September 2020

2020-09-06T21:57:20Z

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	Drivers are first issued with a Notice of Intent to Prohibit, informing them that their record is not satisfactory. Such notices may be issued for reasons including:		Drivers are first issued with a Notice of Intent to Prohibit, informing them that their record is not satisfactory. Such notices may be issued for reasons including:

	* The Superintendent considers it in the public interest – for example, if you have a bad driving record		* The Superintendent considers it in the public interest – for example, if you have a bad driving record
	* If you incur nine or more active penalty points on your record in a two year period, that is generally sufficient to trigger a notice of probation.
			* If you incur nine or more active penalty points on your record in a two year period, that is generally sufficient to trigger a notice of probation

	* Your driver’s license was suspended in another province or state		* Your driver’s license was suspended in another province or state

	* You haven’t provided the payment (referred to as damages) the court ordered you to pay for a vehicle accident in which you were the driver or vehicle owner		* You haven’t provided the payment (referred to as damages) the court ordered you to pay for a vehicle accident in which you were the driver or vehicle owner

	* You have not taken the medical exam required by the Superintendent		* You have not taken the medical exam required by the Superintendent

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	The superintendent may prohibit you from driving for other reasons, including:		The superintendent may prohibit you from driving for other reasons, including:
	* a failure to obtain automobile liability insurance;
	* ~~indebtedness~~ to ICBC for reimbursement of money paid in respect of a claim; or		* A failure to obtain automobile liability insurance;
	* ~~indebtedness~~ to the government for failure to pay fines.
			* Indebtedness to ICBC for reimbursement of money paid in respect of a claim; or

			* Indebtedness to the government for failure to pay fines.

	== B. Appeals ==		== B. Appeals ==
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	A driver convicted of a ''Criminal Code'' motor vehicle offence is automatically prohibited from driving for a period of one year (''Motor Vehicle Act'' s 99). The automatic prohibition also applies to some offences under the ''Motor Vehicle Act'', including:		A driver convicted of a ''Criminal Code'' motor vehicle offence is automatically prohibited from driving for a period of one year (''Motor Vehicle Act'' s 99). The automatic prohibition also applies to some offences under the ''Motor Vehicle Act'', including:

	a) s 95: driving while prohibited by order of peace officer or Superintendent;		* a) s 95: driving while prohibited by order of peace officer or Superintendent;

	b) s 102: driving while prohibited by operation of law;		* b) s 102: driving while prohibited by operation of law;

	c) s 224: impaired driving; or		* c) s 224: impaired driving; or

	d) s 226(1): refusing to give a blood sample.		* d) s 226(1): refusing to give a blood sample.

	Under ''Motor Vehicle Act'' s 100(3), an individual who refuses to stop for a police officer will receive a two-year prohibition from driving if they are also convicted of one of the following Criminal Code offences:		Under ''Motor Vehicle Act'' s 100(3), an individual who refuses to stop for a police officer will receive a two-year prohibition from driving if they are also convicted of one of the following Criminal Code offences:

	a) s 220: criminal negligence causing death;		* a) s 220: criminal negligence causing death;

	b) s 221: criminal negligence causing bodily injury;		* b) s 221: criminal negligence causing bodily injury;

	c) s 236: manslaughter; or		* c) s 236: manslaughter; or

	d) s 320.13(1), (2), or (3): dangerous operation of a motor vehicle.		* d) s 320.13(1), (2), or (3): dangerous operation of a motor vehicle.

	{{REVIEWED LSLAP \| date= August 21, 2020}}		{{REVIEWED LSLAP \| date= August 21, 2020}}
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	Drivers are first issued with a Notice of Intent to Prohibit, informing them that their record is not satisfactory. Such notices may be issued for reasons including:		Drivers are first issued with a Notice of Intent to Prohibit, informing them that their record is not satisfactory. Such notices may be issued for reasons including:

	* The Superintendent considers it in the public interest – for example, if you have a bad driving record		* The Superintendent considers it in the public interest – for example, if you have a bad driving record;

	* If you incur nine or more active penalty points on your record in a two year period, that is generally sufficient to trigger a notice of probation		* If you incur nine or more active penalty points on your record in a two year period, that is generally sufficient to trigger a notice of probation;

	* Your driver’s license was suspended in another province or state		* Your driver’s license was suspended in another province or state;

	* You haven’t provided the payment (referred to as damages) the court ordered you to pay for a vehicle accident in which you were the driver or vehicle owner		* You haven’t provided the payment (referred to as damages) the court ordered you to pay for a vehicle accident in which you were the driver or vehicle owner;

	* You have not taken the medical exam required by the Superintendent		* You have not taken the medical exam required by the Superintendent.

	If any further offences are recorded during the probation period, or within six months afterwards, the superintendent will likely issue a “Notice of Prohibition”. Drivers may either accept the prohibition by signing and returning the Notice of Prohibition, in which case the prohibition starts immediately, or the driver may make a written submission giving reasons why they should not be prohibited from driving.		If any further offences are recorded during the probation period, or within six months afterwards, the superintendent will likely issue a “Notice of Prohibition”. Drivers may either accept the prohibition by signing and returning the "Notice of Prohibition", in which case the prohibition starts immediately, or the driver may make a written submission giving reasons why they should not be prohibited from driving.

	The Driver Improvement Program appeal process is detailed below.		The Driver Improvement Program appeal process is detailed below.
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	The superintendent may prohibit you from driving for other reasons, including:		The superintendent may prohibit you from driving for other reasons, including:

	* a failure to obtain automobile liability insurance;		* A failure to obtain automobile liability insurance;

	* ~~indebtedness~~ to ICBC for reimbursement of money paid in respect of a claim; or		* Indebtedness to ICBC for reimbursement of money paid in respect of a claim; or

	* ~~indebtedness~~ to the government for failure to pay fines.		* Indebtedness to the government for failure to pay fines.

	== B. Appeals ==		== B. Appeals ==

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	If the written submissions are not accepted, or an individual does not respond to a notice of intent to prohibit, they will be issued with a notice of prohibition. They must immediately sign the notice, surrender their driver’s license to ICBC, and not drive for the term of the prohibition.		If the written submissions are not accepted, or an individual does not respond to a notice of intent to prohibit, they will be issued with a notice of prohibition. They must immediately sign the notice, surrender their driver’s license to ICBC, and not drive for the term of the prohibition.

	For more information on the Driver Improvement Program, see ~~the [~~https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/~~driver-medical~~/~~improvement-programs-for-~~high-risk-~~drivers~~/~~administration-of-the-~~driver-improvement~~-program?keyword=driver&keyword=improvement&keyword=program Road Safety BC website]~~.		For more information on the Driver Improvement Program, see https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/high-risk-driver/driver-improvement.

	=== 2. Driver Improvement Program – Class 7 license/ Novice Drivers ===		=== 2. Driver Improvement Program – Class 7 license/ Novice Drivers ===
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	A person can apply for a review of a s 93(1)(a)(ii) driving prohibition under the Driver Improvement Program. The driver must within 21 days of receiving the notice of intent to prohibit, send in an application for review and written submissions as to why the driving prohibition should not be imposed or should be reduced. There is a $100 review fee that must be paid by way of a money order or certified cheque, or at any ICBC driver licensing office.		A person can apply for a review of a s 93(1)(a)(ii) driving prohibition under the Driver Improvement Program. The driver must within 21 days of receiving the notice of intent to prohibit, send in an application for review and written submissions as to why the driving prohibition should not be imposed or should be reduced. There is a $100 review fee that must be paid by way of a money order or certified cheque, or at any ICBC driver licensing office.

	For more information on the Driver Improvement Program and guidelines, see ~~the [~~https://www2.gov.bc.ca/gov~~/content/transportation~~/driving-and-~~cycling~~/~~driver-medical~~/~~improvement-programs-for-~~high-risk-~~drivers~~/~~administration-of-the-~~driver-improvement-~~program?keyword=driver&keyword=improvement&keyword=program Road Safety BC website]~~		For more information on the Driver Improvement Program and guidelines, see https://www2.gov.bc.ca/assets/gov/driving-and-transportation/driving/roadsafetybc/high-risk/street-racing/driver-improvement-policies-guidelines.pdf.

	The Superintendent is given discretion in determining which evidence they will consider in making the decision. A suspension cannot be quashed solely on the basis that the Superintendent did not consider certain relevant evidence (''Motor Vehicle Act'' s 93(3)). The ''Motor Vehicle Act'' appears to permit the Superintendent to limit the period during which a license is suspended to certain times of the day or days of the week (''Motor Vehicle Act'' s 25(12)(a)). An appeal of the Superintendent’s decision to uphold the driving prohibition must be made in the BC Supreme Court and occur within 30 days of the Decision (''Motor Vehicle Act'' s 94(1)).		The Superintendent is given discretion in determining which evidence they will consider in making the decision. A suspension cannot be quashed solely on the basis that the Superintendent did not consider certain relevant evidence (''Motor Vehicle Act'' s 93(3)). The ''Motor Vehicle Act'' appears to permit the Superintendent to limit the period during which a license is suspended to certain times of the day or days of the week (''Motor Vehicle Act'' s 25(12)(a)). An appeal of the Superintendent’s decision to uphold the driving prohibition must be made in the BC Supreme Court and occur within 30 days of the Decision (''Motor Vehicle Act'' s 94(1)).
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	* b) s 102: driving while prohibited by operation of law;		* b) s 102: driving while prohibited by operation of law;

	* c) s 224: impaired driving; or		* c) s 224: impaired driving; or [REPEALED]

	* d) s 226(1): refusing to give a blood sample.		* d) s 226(1): refusing to give a blood sample. [REPEALED]

	Under ''Motor Vehicle Act'' s 100(3), an individual who refuses to stop for a police officer will receive a two-year prohibition from driving if they are also convicted of one of the following Criminal Code offences:		Under ''Motor Vehicle Act'' s 100(3), an individual who refuses to stop for a police officer will receive a two-year prohibition from driving if they are also convicted of one of the following Criminal Code offences: