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

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{{REVIEWED LSLAP | date= June 30, 2021}}
{{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.  
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.


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)).
== D. Resources ==


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)).  
=== 1. Online Resources ===


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)).
==== a) BC Ministry of Transportation/RoadSafetyBC Website ====


In challenging a ticket, it is important to: 
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.
*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 means that if the accused establishes, on a balance of probabilities, that he or she was not negligent (in roughly the same sense as the civil standard of negligence), the accused is entitled to an acquittal.  


In some instances, Legal Aid is available to people charged with an offence under the MVA for which their livelihood would be in jeopardy upon conviction.  
{{ResourcesLSLAP_online
| online = [http://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling Website]
}}


The decision of a Provincial Court judge or justice of the peace may be appealed to the Supreme Court of BC. A record of the finding is sent to the Superintendent of Motor Vehicles (hereinafter, the “Superintendent”). Any discretionary determination made by the Superintendent may, in certain circumstances, be subject to judicial review.
==== b) ICBC Website ====


=== 3. Penalties ===
The ICBC website provides information on driver licensing.


'''To determine the penalties for a motor vehicle offence, read the relevant sections in the MVA describing the offence as some penalties are prescribed there.''' For some offences, the MVAR imposes penalty points and the VTAFR levies fines.  
{{ResourcesLSLAP_online
| online = [http://www.icbc.com/driver-licensing/Pages/Default.aspx Website]
}}


==== a) Penalty Points ====
==== c) University of Victoria Law Centre Guide to Defending Traffic Tickets ====


Penalty points are imposed in accordance with the schedule set out in Division 28 of the MVAR. It is important to note that conviction for ''Criminal Code'' offences also results in the imposition of penalty points. See [[Examples of Penalty Points and Fines for Motor Vehicle Offences (13:App A) | Appendix A]] for examples of offences and their corresponding penalty points.  
Although out of date, the Law Centre’s summary provides a useful overview of the process for disputing a Violation Ticket.


The number of penalty points will be taken into account under MVA s 93 when the Superintendent suspends a license. '''The Superintendent may suspend the license of a class 5 driver who accumulates 15 or more points in any two year period.''' For a class 7 driver, the Superintendent may  suspend the licence for receiving a 3 point violation ticket.  
{{ResourcesLSLAP_online
| online = [https://www.uvic.ca/law/about/centre/resources/defending%20traffic%20tickets.php Website]
}}


==== b) Fines ====
=== 2. Services ===


The VTAFR prescribes fines for MVA offences. [[Examples of Penalty Points and Fines for Motor Vehicle Offences (13:App A) | Appendix A]] lists some examples of fines.
==== d) Lawyer Referral Service ====


==== c) License Suspension or Cancellation and Driving Prohibition ====
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.


===== (1) Roadside Suspension or Prohibition Issued by a Peace Officer =====
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.


These are explained in further detail in [[Motor Vehicle Offences for Drugs and Alcohol (13:IX) | Section IX: Offences Related to Drugs and Alcohol]]. Police officers may issue suspensions of different lengths:
{{ResourcesLSLAP_phoneonline
*If a person is served with a notice of driving prohibition under MVA s 215.41 in circumstances where an Approved Screening Device registers a warn, the person is prohibited from driving for  
| phone = 604-687-3221 <br/>
**a) 3 days, in case of first prohibition,
Toll-free: 1-800-663-1919
**b) 7 days in case of second prohibition, or
| online = [http://www.accessprobono.ca/lawyer-referral-service Website]
**c) 30 days in case of subsequent prohibitions. (MVA s 215.43(1))
}}
*A person served with a notice of driving prohibition under s 215.41 is prohibited from driving for 90 days in circumstances where
 
**a) An Approved Screening Device registers a fail, or
==== e) Legal Services Society/Legal Aid ====
**b) The person refuses or fails to comply with a demand as described in s 215.41(4)
 
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 06:00, 10 August 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on June 30, 2021.



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


© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.