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| {{LSLAP Manual TOC|expanded = motor}} | | {{LSLAP Manual TOC|expanded = motor}} |
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| When an individual is charged with a motor vehicle offence, it is important to determine whether the charge is under provincial or federal (criminal) legislation as the procedure and potential penalties vary. In appropriate circumstances, the Crown may stay the proceedings under federal (criminal) legislation if the accused is prepared to plead guilty to a corresponding or similar charge under provincial legislation. This is often in the accused’s best interest if the Crown has a strong case as no criminal record will result upon conviction of a provincial offence.
| | Motor vehicle law is a relatively complex area of law, with significant overlap between federal and provincial laws, as well as laws relating to insurance provided by the Insurance Corporation of British Columbia. While reading this chapter or doing any research on motor vehicle law, it is important to remember that more than one law may cover the same situation, and that this may result in complex interactions between the legal regimes applicable to driving. It is advisable to consult a lawyer knowledgeable in motor vehicle law issues for advice on more complex motor vehicle law questions, particularly where there is a risk of jail time, loss of livelihood, immigration consequences, or other serious consequences upon conviction. |
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| == A. LSLAP’s Role ==
| | Please note that this chapter is directed towards a general motoring audience. Commercial drivers should seek legal advice specific to their situation and needs. |
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| '''LSLAP does not provide representation for provincial offences and will seldom provide representation in criminal motor vehicle offences.''' LSLAP will not provide representation for indictable offences or offences involving drugs or alcohol. If the offence is serious (i.e. those listed in [[Motor Vehicle Offences after an Accident (13:VII) | Sections VII: Offences After an Accident]], [[Dangerous or Careless Driving Offences (13:VIII) | VIII: Negligent, Dangerous or Careless Driving Offences]], [[Motor Vehicle Offences for Drugs and Alcohol (13:IX) | IX: Offences Related to Drugs and Alcohol]], or [[Driving while Disqualified (13:X) | X: Driving While Disqualified]]), the client should be referred to a lawyer. The Legal Services Society (Legal Aid) may represent the accused if there is a risk of imprisonment upon conviction. An accused may also receive Legal Aid representation if he or she faces a loss of livelihood upon conviction, has a mental or physical disability that is a barrier to self-representation, or faces immigration complications that may result in deportation.
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| == B. Governing Legislation, Regulations, and Resources ==
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| === 1. Provincial Driving Offences ===
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| The important provincial legislation governing motor vehicle offences are:
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| *''Motor Vehicle Act'', RSBC l996, c 318 [MVA];
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| *''Motor Vehicle Act Regulations'', BC Reg 26/58 [MVAR];
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| *''Offence Act'', RSBC 1996, c 338 [OA]; and
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| *''Violation Ticket Administration and Fines Regulation'', BC Reg 89/97 [VTAFR].
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| The MVA defines provincial motor vehicle offences while the OA explains the general procedure followed for all provincial offences. The MVAR and VTAFR both detail penalties for specific offences.
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| Motor vehicle law intersects with the ''Insurance (Vehicle) Act'', RSBC 1996, c 231 and ''Insurance (Vehicle) Regulation'', BC Reg 447/83. For more information, see [[Introduction to ICBC Automobile Insurance (12:I) | Chapter 12: Automobile Insurance]].
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| === 2. Criminal Code Driving Offences ===
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| The principal source for criminal offences is the ''Criminal Code'', RSC 1985, c C-46, as amended. Further information on criminal offences and procedures can be found in [[Introduction to Criminal Law (1:I) | Chapter 1: Criminal Law]].
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| == C. Main Features ==
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| *Under s 25(11) of the MVA, requirements, conditions, or restrictions on a driver’s license that the Lieutenant Governor in Council prescribes can apply even if the driver’s license is issued before the regulation prescribing the requirements, conditions, or restrictions comes into force.
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| *An individual suspected of driving with a blood alcohol level over .08 or who refuses to provide a breath or blood sample will receive a 90-day prohibition from driving (MVA ss 94.1 and 94.2).
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| *Even if a driver’s blood alcohol concentration is not over .08, the driver may still receive a 24-hour driving prohibition if it is over .05 (MVA s 215).
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| *Section 83.1 of the MVA introduces liability for the owner of a vehicle who has been given a violation ticket via photo radar.
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| *The Supreme Court of Canada has ruled that the combination of ss 99 and 102 of the MVA (which creates an absolute liability offence for driving while the driver’s license has been automatically suspended) is constitutional since there is little possibility of incarceration: ''R v Pontes'', [1995] 3 SCR 44, 13 MVR (3d) 145.
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| *Drivers are prohibited from using electronic devices while driving under Part 3.1 of the MVA.
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