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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)
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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, or at any ICBC driver licensing office. | 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, or at any ICBC driver licensing office. | ||
For more information on the Driver Improvement Program and guidelines, see http://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driver-medical/improvement-programs-for-high-risk-drivers/administration-of-the-driver-improvement-program | For more information on the Driver Improvement Program and guidelines, see their [http://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/driver-medical/improvement-programs-for-high-risk-drivers/administration-of-the-driver-improvement-program website] | ||
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 (''Motor Vehicle Act'' s 93(3)). The ''Motor Vehicle Act'' 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 (''Motor Vehicle Act'' s 25(12)(a)). An appeal of the Superintendent’s decision to uphold the driving prohibition must be made in the BC Supreme Court and occur within 30 days of the Decision (''Motor Vehicle Act'' s 94(1)). | 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 (''Motor Vehicle Act'' s 93(3)). The ''Motor Vehicle Act'' 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 (''Motor Vehicle Act'' s 25(12)(a)). An appeal of the Superintendent’s decision to uphold the driving prohibition must be made in the BC Supreme Court and occur within 30 days of the Decision (''Motor Vehicle Act'' s 94(1)). | ||
== C. Automatic Prohibitions == | == C. Automatic Prohibitions == | ||