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Difference between revisions of "Superintendent of Motor Vehicles Prohibitions (13:VIII)"
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Superintendent of Motor Vehicles Prohibitions (13:VIII) (view source)
Revision as of 07:14, 10 August 2021
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= June 30, 2021}} | ||
{{LSLAP Manual TOC|expanded = motor}} | {{LSLAP Manual TOC|expanded = motor}} | ||
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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 | 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 | 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: | ||
