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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 21:57, 6 September 2020
, 21:57, 6 September 2020no edit summary
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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 | |||
* 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}} | ||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||
