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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)
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=== 1. Driver Improvement Program – Class 5 license === | === 1. Driver Improvement Program – Class 5 license === | ||
The driver improvement program is administered by the Superintendent of Motor Vehicles | The driver improvement program is administered by the Superintendent of Motor Vehicles and allows the Superintendent to prohibit from driving anyone whose driving record is not satisfactory to the Superintendent. | ||
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: | ||
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== B. Appeals == | == B. Appeals == | ||
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 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 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] | ||
The Superintendent is given discretion in determining which evidence | 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)). | ||
== C. Automatic Prohibitions == | == C. Automatic Prohibitions == | ||
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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 | 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; | ||
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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= | {{REVIEWED LSLAP | date= August 21, 2020}} | ||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||
