Difference between revisions of "Governing Legislation and Resources for Motor Vehicle Law (13:II)"

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{{REVIEWED LSLAP | date= August 21, 2020}}
{{LSLAP Manual TOC|expanded = motor}}
{{LSLAP Manual TOC|expanded = motor}}
Motor vehicle law in BC is governed by several different pieces of legislation. This section briefly outlines these sections, and more information on the operation of this legislation is contained throughout the chapter.


== A. Provincial Driving Offences ==
== A. Motor Vehicle Act ==


=== 1. Authority of Peace Officers ===
The [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/96318_00 ''Motor Vehicle Act'', RSBC 1996, c 318], or “''Motor Vehicle Act''”, is the primary piece of provincial legislation (law) that creates offences related to operating a motor vehicle in British Columbia. The ''Motor Vehicle Act'' is a lengthy act, and it is not possible to provide a complete summary of all of its provisions in this chapter. This chapter endeavours to provide a summary of the most common ''Motor Vehicle Act'' issues, and to provide resources for further research.


According to the Supreme Court of Canada in ''R v Ladouceur'', [1990] 1 SCR 1257, 56 CCC (3d) 22, random checks by the police for motor vehicle fitness, possession of valid driver’s license and proper insurance, as well as sobriety of driver constitute arbitrary detention contrary to s 9 of the ''Canadian Charter of Rights and Freedoms'', Part I of the ''Constitution Act'', 1982, being Schedule B to the ''Canada Act'' 1982 (UK),  1982, c 11 [''Charter'']. However, these checks are considered reasonable limits under s 1 of the ''Charter'' so long as they are “truly random routine checks”: ''R v McGlashen'', [2004] OJ No 468, 115 CRR (2d) 359. The ''Ladouceur'' decision was affirmed in ''R v Orbanski'', 2005 SCC 37, [2005] 2 SCR 3.  
== B. Other Provincial Acts/ Regulations ==


Pursuant to MVA s 79 a peace officer may arrest without warrant any person:
* The [http://www.bclaws.ca/civix/document/id/complete/statreg/96338_01 ''Offence Act'', RSBC 1996, c 338] provides a general procedure for handling all provincial offences.
*a) whom the officer finds driving a motor vehicle, and who the officer or constable has reasonable and probable grounds to believe was driving in contravention of MVA ss 95 or 102 (driving while prohibited)(s 79(a)); or
* The [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/26_58_00 ''Motor Vehicle Act Regulations'', BC Reg 26/58], and the [http://www.bclaws.ca/Recon/document/ID/freeside/89_97_01 ''Violation Ticket Administration and Fines Regulation'', BC Reg 89/97], detail penalties for specific offences.
*b) whom the officer has reasonable and probable grounds to believe is not insured or who is driving without a valid and subsisting motor  vehicle liability insurance card or financial responsibility card (s 79(b)); or
* Motor vehicle law intersects with the [http://www.bclaws.ca/civix/document/id/complete/statreg/96231_01 ''Insurance (Vehicle) Act'', RSBC 1996, c 231] and [http://www.bclaws.ca/EPLibraries/bclaws_new/document/ID/freeside/447_83_00 ''Insurance (Vehicle) Regulation'', BC Reg 447/83]. For more information, see [[Introduction to ICBC Automobile Insurance (12:I) | Chapter 12: Automobile Insurance]].
*c) whom the officer has reasonable and probable cause to believe has contravened MVA s 68 (leaving the scene of an accident) (s 70(c)) and may detain the person until he or she can be brought before a justice.


=== 2. Procedure ===
== C. Criminal Code ==


'''NOTE:''' MVA s 124 gives municipalities authority to create motor vehicle bylaws on matters such as parking and to enforce them by fine or  imprisonment under s 124(1)(u). Municipalities cannot use this authority with respect to speeding (s 124(2)). An individual charged with a  bylaw offence will receive a bylaw infraction notice or a Municipal Ticket Information. While the following generally applies to these offences, special procedures may be imposed. '''Follow the procedures outlined on the bylaw infraction notice or Municipal Ticket Information.'''
The [https://laws-lois.justice.gc.ca/eng/acts/C-46/ ''Canadian Criminal Code'', RSC 1985, c C-46], is the federal legislation that sets out most of the criminal offences in Canada, in ss 320.11 to ss. 320.4. The ''Criminal Code'' sets out several criminal offences related to driving, details of which are set out later in this chapter. Further information on criminal offences and procedures in general can be found in [[Introduction_to_Criminal_Law_(1:I) | Chapter 1: Criminal Law]].


An  individual  charged  with  a  provincial  offence  will  likely  receive  a  violation  ticket  issued under  s  14  of  the OA. However, under  s  11  of  the OA,  an  Information  can  also  be  laid against  the accused.  This is  for  serious  offences  such  as  MVA  ss  95  and  102  (driving while prohibited). Court attendance is compulsory when an Information is laid, but, in the case of a violation ticket, court attendance is only required if a violation ticket is disputed. A  special  procedure  for  adjudicating  violation  tickets  is set  out  in ss  14-18  of  the OA. To dispute  a violation  ticket,  one  must  either  appear  in person  at  any  Motor  License  Office, Government  Agent’ s  Office,  or  Provincial  Court  Registry  with  a  copy  of the  Violation Ticket  or  mail  a copy  of  the  Violation  Ticket  to:  Ticket  Dispute  Processing,  Bag  #3510, Victoria, BC, V8W 3P7. The notice of dispute must contain the address of the accused and sufficient  information  to  identify  the  violation  ticket  and  the  alleged  contravention  or  fine disputed (OA s 15(3)).A person has 30 days to make his or her intention to dispute known (OA s 15(1)). Read the reverse side of violation tickets as these regulations and procedures may change from time  to  time.  If  a  client  does  not  dispute  the  violation  ticket  within  30  days, he  or  she  is deemed to have pled guilty under OA s 16. A person still has 14 days to appear before a justice, with  an  affidavit,  to  state  why  it  was  not  his  or  her fault  that  the  deadline  was  missed  (OAs 16(2)). A violation  ticket dispute is heard in Provincial Court  by a judge  or justice  of the peace who, after  hearing  the evidence, determines whether  or  not the violation  took  place. If  an  accused misses the Provincial Court hearing, he or she has 30 days to appear before a justice, with an affidavit, to explain why he or she missed the hearing (OA s 15(9.1)).In challenging a ticket, it is important to: Appear  at  the  appointed  time. There  is  always  the  possibility the  peace  officer  will  not appear and the case will be dismissed due to lack of evidence. Read the relevant sections of the MVA to determine the elements of the offence and, if the Crown  fails  to  lead evidence  on  any  of these elements, motion  for dismissal  at  the conclusion of the Crown’ s presentation. The evidence must include identification of the alleged  offender  by name  and  address  as  well  as  the time, date,  and  location  of  the offence. Pursuant  to provisions  in the OA,  the  Crown  can  easily  amend  most  mistakes  on Violation Tickets. If  the  offender  can  show  economic  hardship, the judge  has  the power  to reduce  the fine.  Section 88  of the OA  states  that  the fine can  be  reduced  based  on the  offender’ s means and ability to pay, subject to minimum fines specified in the MVA. Consider whether the offence is strict or absolute liability. If the offence is strict liability, consider  whether  the  accused  may  have  the  defence  of  due  diligence. Generally,  this
It is worth noting, as discussed above, that there is significant overlap between the ''Criminal Code'' driving offences and the ''Motor Vehicle Act''. 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.
 
== D. Resources ==
 
=== 1. Online Resources ===
 
==== a) BC Ministry of Transportation/RoadSafetyBC Website ====
 
The Ministry, including its agency RoadSafetyBC, provides a wealth of online information on motor vehicle law, including information on the ''Motor Vehicle Act'', driving prohibitions and suspensions.
 
{{ResourcesLSLAP_online
| online = [http://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling Website]
}}
 
==== b) ICBC Website ====
 
The ICBC website provides information on driver licensing.
 
{{ResourcesLSLAP_online
| online = [http://www.icbc.com/driver-licensing/Pages/Default.aspx Website]
}}
 
==== c) University of Victoria Law Centre Guide to Defending Traffic Tickets ====
 
Although out of date, the Law Centre’s summary provides a useful overview of the process for disputing a Violation Ticket.
 
{{ResourcesLSLAP_online
| online = [https://www.uvic.ca/law/about/centre/resources/defending%20traffic%20tickets.php Website]
}}
 
=== 2. Services ===
 
==== d) Lawyer Referral Service ====
 
The Lawyer Referral Service, operated by the Access Pro Bono Society of BC, can provide referrals to lawyers practising in the area of your issue. The first 30-minute consultation is free, with fees after that point agreed between the lawyer and the client.
 
Individuals with specific questions related to motor vehicle law, or who are concerned about the effect of a ticket or conviction on them, should consult with a lawyer practising in the area.
 
{{ResourcesLSLAP_phoneonline
| phone = 604-687-3221 <br/>
Toll-free: 1-800-663-1919
| online = [http://www.accessprobono.ca/lawyer-referral-service Website]
}}
 
==== e) Legal Services Society/Legal Aid ====
 
Legal Aid is available to individuals who are faced with significant consequences after a criminal conviction. These include jail time, or immigration complications that could lead to deportation. Legal Aid is also available where individuals have a physical or mental condition, illness, or disability that makes it impossible for an individual to represent themselves.
{{ResourcesLSLAP_phoneonline
| phone = 604-408-2172 <br />
Toll-free: 1-866-577-2525
| online = [http://www.legalaid.bc.ca Website]
}}
 
{{LSLAP Manual Navbox|type=chapters8-14}}

Revision as of 22:49, 28 September 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 21, 2020.
LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
13. Motor Vehicle Law
 · I. Introduction

 · II. Governing Legislation and Resources
 · III. At the Roadside
 · IV. Duties after a Collision
 · V. Violation Tickets
 · VI. Provincial Offences
 · VII. Vehicle Impoundment
 · VIII. Superintendent
 · IX. Alcohol and Drugs
 · X. Federal Offences
 · XI. Driving While Prohibited
 · XII. ICBC Breaches
 · XIII. Bicycles
 · XIV. LSLAP Program Information

 · Appendix A: Penalty Points and Fines
v • d • e



Motor vehicle law in BC is governed by several different pieces of legislation. This section briefly outlines these sections, and more information on the operation of this legislation is contained throughout the chapter.

A. Motor Vehicle Act

The Motor Vehicle Act, RSBC 1996, c 318, or “Motor Vehicle Act”, is the primary piece of provincial legislation (law) that creates offences related to operating a motor vehicle in British Columbia. The Motor Vehicle Act is a lengthy act, and it is not possible to provide a complete summary of all of its provisions in this chapter. This chapter endeavours to provide a summary of the most common Motor Vehicle Act issues, and to provide resources for further research.

B. Other Provincial Acts/ Regulations

C. Criminal Code

The Canadian Criminal Code, RSC 1985, c C-46, is the federal legislation that sets out most of the criminal offences in Canada, in ss 320.11 to ss. 320.4. The Criminal Code sets out several criminal offences related to driving, details of which are set out later in this chapter. Further information on criminal offences and procedures in general can be found in Chapter 1: Criminal Law.

It is worth noting, as discussed above, that there is significant overlap between the Criminal Code driving offences and the Motor Vehicle Act. 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.

D. Resources

1. Online Resources

a) BC Ministry of Transportation/RoadSafetyBC Website

The Ministry, including its agency RoadSafetyBC, provides a wealth of online information on motor vehicle law, including information on the Motor Vehicle Act, driving prohibitions and suspensions.

Online Website


b) ICBC Website

The ICBC website provides information on driver licensing.

Online Website


c) University of Victoria Law Centre Guide to Defending Traffic Tickets

Although out of date, the Law Centre’s summary provides a useful overview of the process for disputing a Violation Ticket.

Online Website


2. Services

d) Lawyer Referral Service

The Lawyer Referral Service, operated by the Access Pro Bono Society of BC, can provide referrals to lawyers practising in the area of your issue. The first 30-minute consultation is free, with fees after that point agreed between the lawyer and the client.

Individuals with specific questions related to motor vehicle law, or who are concerned about the effect of a ticket or conviction on them, should consult with a lawyer practising in the area.

Online Website
Phone 604-687-3221

Toll-free: 1-800-663-1919


e) Legal Services Society/Legal Aid

Legal Aid is available to individuals who are faced with significant consequences after a criminal conviction. These include jail time, or immigration complications that could lead to deportation. Legal Aid is also available where individuals have a physical or mental condition, illness, or disability that makes it impossible for an individual to represent themselves.

Online Website
Phone 604-408-2172

Toll-free: 1-866-577-2525


v • d • e
 
Chapters 8-14
Employment Insurance  · Employment Law  · Creditors and Debtors  · Consumer Protection  · Auto Insurance (ICBC)  · Motor Vehicle Law  · Mental Health Law
Chapter Eight:
Employment Insurance
Chapter Nine:
Employment Law
Chapter Ten:
Creditors' Remedies and Debtors' Assistance
Chapter Eleven:
Consumer Protection
Chapter Twelve:
Auto Insurance (ICBC)
Chapter Thirteen:
Motor Vehicle Law
Chapter Fourteen:
Mental Health Law
© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.


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