The Points System and ICBC: Difference between revisions

From Clicklaw Wikibooks
Jump to navigation Jump to search
No edit summary
Line 1: Line 1:
{{REVIEWEDPLS | reviewer = Janet Mackinnon, ICBC |date= May 2018}} {{Dial-A-Law TOC|expanded = cars}}  
{{REVIEWEDPLS | reviewer = Krista Prockiw, ICBC |date= February 2024}} {{Dial-A-Law TOC|expanded = cars}}  
If you get a ticket for a driving offence, you’ll typically get '''points''' on your driver's record. The more points you rack up, the more you’ll pay in insurance premiums.
People using BC’s roads want to be confident they’re safe. ICBC’s '''penalty points''' system is designed to help with that, by discouraging high-risk driving. But the points system can be confusing. Learn how penalty points work, and how they affect your insurance premiums.


==What you should know==
==What you should know==
===Most driving violations lead to driver penalty points===
{{PLSStorybox
| image = [[File:The_points_system_and_ICBC_-_Carl.png|link=]]
| text      = “On my commute home from work I sometimes get a little lead-footed. I’ve been ticketed for speeding twice in the past two months. Now I’ve got six penalty points on my record, and a hefty penalty premium coming my way (not to mention the steep fines!). I get the message: I’ve got to slow down.” <br/>– Carl, Burnaby, BC}}


===Driving violations lead to driver penalty points===
In BC, the main law that deals with traffic and driving is called the ''[https://canlii.ca/t/847n Motor Vehicle Act]''. If you get a ticket for violating this law — for example, for speeding or [https://www.peopleslawschool.ca/distracted-driving/ distracted driving] — you typically get driver penalty points on your driver’s record.  
When you receive a ticket for speeding or some other driving offence under the BC ''Motor Vehicle Act'', you typically get points on your driver’s record. You also get points for certain ''Criminal Code'' offences like impaired driving, criminal negligence, and failure to remain at the scene of an accident. '''Driver penalty points''' are like black marks on your driving record.


===How many points you get===
These penalty points are in addition to any fine you have to pay for the violation.
The number of points you get depends on the driving violation involved. Many driving violations result in two or three points. All speeding violations are three points. Distracted driving is four points. Driving while prohibited or suspended is 10 points.


You don’t get points for parking tickets and other minor violations of city bylaws.
====How many points you get====
The number of points you get depends on the driving violation. For example, all speeding violations are three points. Distracted driving earns you four points. Driving while prohibited gets you 10 points.  


===If you dispute a driving violation===
Here are more examples of driving violations and the penalty points attached to them.
Points are added to your record if you plead guilty to a driving offence or if a court convicts you of the offence. If you pay a traffic ticket, you’re admitting you are guilty.


If you don’t agree with a ticket, you must fight (or dispute) it. You have 30 days from the date of the ticket to dispute it. If you don’t do so, the offence and points are automatically added to your driving record. [[Traffic Tickets|See our information on traffic tickets for more information on how to fight a traffic ticket]].
For the full list, [https://www.icbc.com/driver-licensing/tickets/Pages/fines-points-offences.aspx see ICBC’s website].
 
====Penalty points for criminal offences====
Canada’s ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec320.11 Criminal Code]'' also includes some driving offences. For example, dangerous driving or impaired driving. The penalty points for these offences range from six to 10. Again, these are in addition to any fine you have to pay.  
 
====Parking tickets====
You don’t get any penalty points for parking tickets or other minor violations of city bylaws.


===Driver penalty points can increase your insurance premiums===
===Driver penalty points can increase your insurance premiums===
Everyone who owns a motor vehicle in BC [https://www.icbc.com/insurance/Pages/Default.aspx must have basic vehicle insurance from the Insurance Corporation of British Columbia] (ICBC). Each year, ICBC looks at your record of driver penalty points. If you had four or more points in the previous year, ICBC bills you a '''driver penalty point premium'''. This is an additional premium beyond the premium you pay to insure any vehicle you own. You are billed even if you don’t own or insure a vehicle.
Each year, ICBC looks at your driving record for the last twelve-month period (they call this the “assessment period”). They add up the total number of penalty points you received in the assessment period. If you collected four or more points on your record, you’ll have to pay a '''driver penalty point premium'''.
 
Driver penalty point premiums are separate from your basic insurance premiums. (Everyone in BC who owns a vehicle must have [https://www.icbc.com/insurance/Pages/Default.aspx basic vehicle insurance] from ICBC.) Driver penalty points attach to your driver’s record, so you can be billed for these points even if you don’t own or insure a vehicle.  


===The amount of the premium===
====How much you may have to pay====
The driver penalty point premium depends on the total number of points you get in a 12-month period, called the assessment period. ICBC reviews your driver’s record for this period, which starts about 17 months before your birthday.
The dollar amount of the penalty point premium depends on the number of points you received in the assessment period. If you have three or fewer, you don’t need to pay any penalty point premium.


If you have four points, the premium is $252. It’s $331 for five points, $432 for six points, and so on. If you have 50 points or more, you get the maximum driver penalty point premium of $34,560. [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Penalty-Points.aspx ICBC’s website lists all the premiums].
ICBC has a [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Penalty-Points.aspx full list of the penalty point premiums].


===How you are billed for the premium===
====How long points stay on your driving record====
The bill for any driver penalty point premium is sent four weeks before your birthday. ICBC uses the points just once to calculate the premium and bill you. So if you have three or fewer points in an assessment period, you won’t be billed for any premium.
The driver penalty points you accumulate '''stay on your driving record for five years'''. But you only pay the premium once. You’ll receive an invoice just prior to your assessment date, which is usually your birthday.


===Another driver premium program applies to more serious driving offences===
{{PLSTipsbox
ICBC has a second program, '''driver risk premiums''', that applies to more serious driving offences. Under this program, ICBC reviews your driving record for offences for the previous three years. You will have to pay a driver risk premium if, during the previous three years, you have:
| text = '''Optional insurance premiums'''
A poor driving record can impact the premiums you pay for optional auto insurance, too. Drivers with frequent or serious driving convictions over a three-year period pay more for optional ICBC insurance coverage. See [https://www.icbc.com/about-icbc/newsroom/Documents/Optional-driving-convictions-factsheet.pdf this factsheet] for details.
}}


* one or more driving-related ''Criminal Code'' convictions (such as impaired driving)
===Calculating penalty point premiums: Two examples===
* one or more ''Motor Vehicle Act'' convictions worth 10 points or more (such as driving while suspended)
Now, you may be thinking “Okay, I get it. Penalty points are bad. But how much will I actually end up paying if I get some points?” Let’s walk through a couple examples to illustrate this.
 
====If you get one speeding ticket====
Let’s say you get a ticket for speeding on the highway. When ICBC does their yearly review of your last 12 months of driving (your assessment period), this is the only offence that shows up. Consulting [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Penalty-Points.aspx ICBC’s chart], speeding on the highway earns you three penalty points. (As well, it comes with a fine.)
 
As mentioned above, you don’t pay a penalty point premium if you have three or fewer points.
 
====If you get two speeding tickets====
Let’s look at a slightly different scenario. Say you get a ticket for speeding on June 1. You get a second speeding ticket two months later, on September 1. In November, ICBC does their yearly review of your driver’s record. They look back at your previous 12 months of driving, and see six penalty points (three for each speeding offence).
 
The penalty point premium for six points is $367. This is in addition to the fines you were assessed for the tickets.
 
{{PLSTipsbox
| text = '''Order a copy of your driving record'''
Your driving record (also called a “driver’s abstract”) is a record of your driving history. It shows any driving offences or other traffic tickets you’ve received in the past five years. [https://onlinebusiness.icbc.com/clio/ You can order yours from ICBC for free].
}}
 
===There is a risk premium for more serious driving offences===
 
In addition to penalty point premiums explained above, some motorists may have to pay '''driver risk premiums'''. These are extra penalties that apply to more serious driving offences. They are also in addition to your regular insurance premiums.
 
You’ll have to pay a driver risk premium if you have at least one of the following:
*
* one or more driving-related ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec320.11 Criminal Code]'' convictions
* one or more 10-point ''[https://canlii.ca/t/847n Motor Vehicle Act]'' convictions
* one or more excessive speeding convictions
* one or more excessive speeding convictions
* two or more roadside suspensions or prohibitions
* two or more roadside suspensions or prohibitions
* two or more convictions for using an electronic device while driving


===The amount of the premium===
'''How much you may have to pay'''
The amount of the driver risk premium depends on the type and number of convictions you get. For example, the premium for one ''Criminal Code'' conviction (such as for impaired driving) is $1,303. The premium for two ''Criminal Code'' convictions is $5,414.
Each year, ICBC reviews your driving record for offences in the previous three years. The amount of the driver risk premium depends on the number and type of convictions you get. For example, the driver risk premium for one Criminal Code conviction (like impaired driving) is $1,108. For two roadside suspensions, it’s $453.  
 
===How you are billed for the premium===
You will be billed only for one driver premium, whichever is highest. Because the assessment period for the driver risk premium is three years, one conviction during this period means you have to pay this premium each year for three years.
 
==Common questions==


===What if I can’t (or don’t) pay the premium?===
You’ll receive one driver risk premium invoice per year just prior to your assessment date, which is usually your birthday. Since the assessment period is three years, a single conviction may result in a driver risk premium bill in each of the three years.
If you don’t pay the bill for a driver premium within 30 days, ICBC will charge you interest. ICBC can also refuse to renew your vehicle insurance until you pay. Also, you won’t be able to renew your driver’s licence if you don’t pay a driver premium bill.


If you give up your driver’s licence to an ICBC driver licensing office for the whole one-year billing period, you won’t have to pay the bill.
If you have a driving conviction to which the penalty point premium and the risk premium both apply (excessive speeding, for example), you’ll only be billed for the higher premium.  


Or you can reduce a driver premium bill by giving up your licence for 30 days or more during the billing period. When you want your licence back, go to a driver licensing office and pay the reduced bill, plus any extra licence fees. But this works only if you do not have to take a driver re-examination and don’t have any outstanding prohibitions.
{{PLSTipsbox
| text = '''Reducing your driver risk premium'''
There are steps you can take to lower or eliminate your driver risk premium. One is to give up your driver’s licence for your entire billing period. This eliminates your risk premium. If you hand in your licence for at least 30 days during your billing period, your premium may be reduced. [https://www.icbc.com/about-icbc/contact-us/Pages/Default.aspx?step=1 Contact ICBC to discuss your options].
}}


===What if I’m not allowed to drive? Do I have to pay the driver premium?===
===Too many points may lead to a driving prohibition===
ICBC will reduce a driver premium bill if you’ve been prohibited or legally banned from driving for 60 days or more in the billing period. It usually does this automatically, but you may have to ask it to do so and to prove your situation.
Racking up points can have consequences beyond penalty points and increased insurance premiums. Those who get too many points may be temporarily prohibited from driving.  


Also, you can apply to ICBC for a refund or reduction if, for at least 30 days in a row during the billing period, any of the following apply:
A common assumption is that, for those with a '''class five licence''' (the basic licence), nine to 11 penalty points leads to a prohibition. And for those with a '''class seven licence''' (for new drivers), it’s four points. This is a good rule of thumb, but it’s not the full picture. [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec93 Under the law], ICBC has a wide discretion to impose a driving prohibition. It’s the circumstances behind why you got the points that ICBC looks at.


* you lived in another province and legally held a driver’s licence there
====Consider a couple examples====
* you were not in Canada or the US
For example, say you’re a class five driver and you have seven penalty points. Those points came from two offences: excessive speeding and distracted driving. ICBC considers these high-risk offences, so they may issue you a driving prohibition even though you’re below the nine-point threshold. In other words, high-risk offences are more likely to get you in trouble.
* you were in jail
* you had medical reasons for not driving


Again, you may have to prove your case to ICBC.
ICBC also looks for patterns of conduct. A driver who keeps getting ticketed for the same offence is more likely to get a driving prohibition. The focus here is on a continuing disregard for the rules of the road, rather than the total number of points.


===Are there premium increases if I cause multiple accidents?===
{{PLSTipsbox
Yes. If you are 50% (or more) at fault for three motor vehicle accidents in three years, you might need to pay a '''multiple crash premium''' of $1,000. This is in addition to your regular Autoplan premiums.
| text = '''You can apply for a prohibition review'''
If you receive a driving prohibition, you may be able to apply for a review. This is a legal process you can use to challenge your prohibition. An adjudicator will review any evidence or statements you provide, and decide whether to revoke your prohibition. See the [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/prohibitions/apply-online provincial government’s website for details].
}}


For each additional crash within three years, you would pay an extra $500.
===You can dispute a driving violation===
Penalty points are added to your driver’s record if you plead guilty to a driving offence. (Or if a court convicts you of an offence.) If you pay a traffic ticket, you’re admitting you are guilty.


==Wo can help==
If you don’t agree with a ticket, you can dispute (fight) it. Most tickets must be disputed '''within 30 days'''. But check the ticket carefully in case there is a shorter time limit.


===With more information===
For step-by-step guidance, see [https://www.peopleslawschool.ca/if-you-get-traffic-ticket/ how to dispute a traffic ticket].
'''ICBC''' has information on the [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Penalty-Points.aspx driver penalty point premium] and the [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Risk-Premium.aspx driver risk premium].
:Call 1-800-663-3051 (toll-free)
:[https://www.icbc.com/ Visit website]


{{Dial-A-Law_Navbox|type=consumer}}
{{Dial-A-Law_Navbox|type=consumer}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law Copyright}}

Revision as of 06:26, 3 March 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Krista Prockiw, ICBC in February 2024.

People using BC’s roads want to be confident they’re safe. ICBC’s penalty points system is designed to help with that, by discouraging high-risk driving. But the points system can be confusing. Learn how penalty points work, and how they affect your insurance premiums.

What you should know

Most driving violations lead to driver penalty points

In BC, the main law that deals with traffic and driving is called the Motor Vehicle Act. If you get a ticket for violating this law — for example, for speeding or distracted driving — you typically get driver penalty points on your driver’s record.

These penalty points are in addition to any fine you have to pay for the violation.

How many points you get

The number of points you get depends on the driving violation. For example, all speeding violations are three points. Distracted driving earns you four points. Driving while prohibited gets you 10 points.

Here are more examples of driving violations and the penalty points attached to them.

For the full list, see ICBC’s website.

Penalty points for criminal offences

Canada’s Criminal Code also includes some driving offences. For example, dangerous driving or impaired driving. The penalty points for these offences range from six to 10. Again, these are in addition to any fine you have to pay.

Parking tickets

You don’t get any penalty points for parking tickets or other minor violations of city bylaws.

Driver penalty points can increase your insurance premiums

Each year, ICBC looks at your driving record for the last twelve-month period (they call this the “assessment period”). They add up the total number of penalty points you received in the assessment period. If you collected four or more points on your record, you’ll have to pay a driver penalty point premium.

Driver penalty point premiums are separate from your basic insurance premiums. (Everyone in BC who owns a vehicle must have basic vehicle insurance from ICBC.) Driver penalty points attach to your driver’s record, so you can be billed for these points even if you don’t own or insure a vehicle.

How much you may have to pay

The dollar amount of the penalty point premium depends on the number of points you received in the assessment period. If you have three or fewer, you don’t need to pay any penalty point premium.

ICBC has a full list of the penalty point premiums.

How long points stay on your driving record

The driver penalty points you accumulate stay on your driving record for five years. But you only pay the premium once. You’ll receive an invoice just prior to your assessment date, which is usually your birthday.

Calculating penalty point premiums: Two examples

Now, you may be thinking “Okay, I get it. Penalty points are bad. But how much will I actually end up paying if I get some points?” Let’s walk through a couple examples to illustrate this.

If you get one speeding ticket

Let’s say you get a ticket for speeding on the highway. When ICBC does their yearly review of your last 12 months of driving (your assessment period), this is the only offence that shows up. Consulting ICBC’s chart, speeding on the highway earns you three penalty points. (As well, it comes with a fine.)

As mentioned above, you don’t pay a penalty point premium if you have three or fewer points.

If you get two speeding tickets

Let’s look at a slightly different scenario. Say you get a ticket for speeding on June 1. You get a second speeding ticket two months later, on September 1. In November, ICBC does their yearly review of your driver’s record. They look back at your previous 12 months of driving, and see six penalty points (three for each speeding offence).

The penalty point premium for six points is $367. This is in addition to the fines you were assessed for the tickets.

There is a risk premium for more serious driving offences

In addition to penalty point premiums explained above, some motorists may have to pay driver risk premiums. These are extra penalties that apply to more serious driving offences. They are also in addition to your regular insurance premiums.

You’ll have to pay a driver risk premium if you have at least one of the following:

  • one or more driving-related Criminal Code convictions
  • one or more 10-point Motor Vehicle Act convictions
  • one or more excessive speeding convictions
  • two or more roadside suspensions or prohibitions
  • two or more convictions for using an electronic device while driving

How much you may have to pay Each year, ICBC reviews your driving record for offences in the previous three years. The amount of the driver risk premium depends on the number and type of convictions you get. For example, the driver risk premium for one Criminal Code conviction (like impaired driving) is $1,108. For two roadside suspensions, it’s $453.

You’ll receive one driver risk premium invoice per year just prior to your assessment date, which is usually your birthday. Since the assessment period is three years, a single conviction may result in a driver risk premium bill in each of the three years.

If you have a driving conviction to which the penalty point premium and the risk premium both apply (excessive speeding, for example), you’ll only be billed for the higher premium.

Too many points may lead to a driving prohibition

Racking up points can have consequences beyond penalty points and increased insurance premiums. Those who get too many points may be temporarily prohibited from driving.

A common assumption is that, for those with a class five licence (the basic licence), nine to 11 penalty points leads to a prohibition. And for those with a class seven licence (for new drivers), it’s four points. This is a good rule of thumb, but it’s not the full picture. Under the law, ICBC has a wide discretion to impose a driving prohibition. It’s the circumstances behind why you got the points that ICBC looks at.

Consider a couple examples

For example, say you’re a class five driver and you have seven penalty points. Those points came from two offences: excessive speeding and distracted driving. ICBC considers these high-risk offences, so they may issue you a driving prohibition even though you’re below the nine-point threshold. In other words, high-risk offences are more likely to get you in trouble.

ICBC also looks for patterns of conduct. A driver who keeps getting ticketed for the same offence is more likely to get a driving prohibition. The focus here is on a continuing disregard for the rules of the road, rather than the total number of points.

You can dispute a driving violation

Penalty points are added to your driver’s record if you plead guilty to a driving offence. (Or if a court convicts you of an offence.) If you pay a traffic ticket, you’re admitting you are guilty.

If you don’t agree with a ticket, you can dispute (fight) it. Most tickets must be disputed within 30 days. But check the ticket carefully in case there is a shorter time limit.

For step-by-step guidance, see how to dispute a traffic ticket.

Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.