5,483
edits
Difference between revisions of "Governing Legislation and Resources for Motor Vehicle Law (13:II)"
From Clicklaw Wikibooks
Governing Legislation and Resources for Motor Vehicle Law (13:II) (view source)
Revision as of 02:12, 20 June 2016
, 02:12, 20 June 2016→3. Penalties
Desy Wahyuni (talk | contribs) |
Desy Wahyuni (talk | contribs) |
||
| Line 61: | Line 61: | ||
**a) An Approved Screening Device registers a fail, or | **a) An Approved Screening Device registers a fail, or | ||
**b) The person refuses or fails to comply with a demand as described in s 215.41(4) | **b) The person refuses or fails to comply with a demand as described in s 215.41(4) | ||
===== (2) By Order of a Court ===== | |||
A court may, under MVA s 98(2), suspend a driver’s license for a definite period of time for any conviction under the MVA or ''Criminal Code'' relating to the driving or operation of a motor vehicle. This power extends to out-of-province driver’s licenses. | |||
The judge should consider the driving record and the facts of each specific case. Conviction includes the possibility of an absolute or conditional discharge under MVA s 98(1). This section does not apply to an individual convicted of a vicarious liability offence (MVA s 98(3)). | |||
===== (3) By Order of the Superintendent ===== | |||
MVA s 90(1) states that the Superintendent may suspend a license and number plates if there is: | |||
*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. | |||
Failure to pay a judgment in an action for damages involving bodily injury, death of another person, or damage to property in excess of $400 resulting from the use of a motor vehicle anywhere in Canada or the United States within 30 days may lead to a driving prohibition (MVA s 91(1)). | |||
Failure to appear for or to pass a driver's examination may lead to a license being suspended or cancelled (MVA s 92). | |||
The Superintendent has the discretion to prohibit a person from driving if it he or she considers it to be in the public interest and the person failed to comply with the MVA, the MVAR, or if the Superintendent considers the person’s driving record to be “unsatisfactory” (MVA s 93(1)). | |||
A person can apply for a review of a s.93(1) 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. | |||
This discretionary power may be exercised without a hearing. In addition, the Superintendent is given discretion in determining which evidence he or she will consider in making the decision. A suspension cannot be quashed solely on the basis that the Superintendent did not consider certain relevant evidence (MVA s 93(3)). The MVA 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 (MVA s 25(12)(a)). An appeal of the suspension or cancellation to the Supreme Court must occur within 30 days (MVA s 94(1)). | |||
13-6 | |||
