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Difference between revisions of "Motor Vehicle Offences for Drugs and Alcohol (13:IX)"
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Motor Vehicle Offences for Drugs and Alcohol (13:IX) (view source)
Revision as of 01:01, 25 November 2018
, 01:01, 25 November 20182018 manual edits
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(2018 manual edits) |
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====a) Challenging Immediate Roadside Prohibition (issued for 3, 7, 30, or 90 days)==== | ====a) Challenging Immediate Roadside Prohibition (issued for 3, 7, 30, or 90 days)==== | ||
A person may, within 7 days of being served with a notice of driving prohibition under section 215.41, apply to | A person may, within 7 days of being served with a notice of driving prohibition under section 215.41, apply to RoadSafetyBC for a review of the driving prohibition (''Motor Vehicle Act'' s 215.48(1)) by attending any driver licensing center, and complete and submit the form, “Immediate Roadside Prohibition – Application for Review – Section 215.48 ''Motor Vehicle Act''”. Fill in the blanks and check all relevant boxes that indicate the ‘grounds for review.’ The grounds for review are: | ||
*Not the driver or in care or control of a motor vehicle; | *Not the driver or in care or control of a motor vehicle; | ||
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*Did not refuse or fail to comply with a demand to provide a breath sample, or had a reasonable excuse for refusing or failing to comply with a demand. | *Did not refuse or fail to comply with a demand to provide a breath sample, or had a reasonable excuse for refusing or failing to comply with a demand. | ||
The applicant may attach any statements or evidences for the superintendent’s review. Please note that the filing of an application for review does not stay the driving prohibition. (''Motor Vehicle Act'' s 215.48) | The applicant may attach any statements or evidences for the superintendent’s review. Please note that the filing of an application for review does not stay the driving prohibition. (''Motor Vehicle Act'' s 215.48(4)) | ||
To apply for a review of the Immediate Roadside Prohibition, the applicant must show proof of their identity, and provide a copy of the Notice of Driving Prohibition issued by the peace officer | To apply for a review of the Immediate Roadside Prohibition, the applicant must show proof of their identity, and provide a copy of the Notice of Driving Prohibition issued by the peace officer | ||
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There are two types of reviews: written and oral. The superintendent is not required to hold an oral hearing unless the driving prohibition is for 30 or 90 days, and the applicant requests an oral hearing at the time of filing the application for review and pays the prescribed oral hearing fees (''Motor Vehicle Act'' s 215.48(5)). In a written review, all documents are reviewed by the adjudicator at the appointed time and location, but no oral submissions will take place. In an oral review, the adjudicator will listen to why the driving prohibition ought to be revoked. It is highly recommended that full written submissions are also provided. If the oral hearing is missed, the hearing will automatically change to a written review system. The payment for a written review is $100 whereas the payment for an oral review is $200. The payment is non-refundable. | There are two types of reviews: written and oral. The superintendent is not required to hold an oral hearing unless the driving prohibition is for 30 or 90 days, and the applicant requests an oral hearing at the time of filing the application for review and pays the prescribed oral hearing fees (''Motor Vehicle Act'' s 215.48(5)). In a written review, all documents are reviewed by the adjudicator at the appointed time and location, but no oral submissions will take place. In an oral review, the adjudicator will listen to why the driving prohibition ought to be revoked. It is highly recommended that full written submissions are also provided. If the oral hearing is missed, the hearing will automatically change to a written review system. The payment for a written review is $100 whereas the payment for an oral review is $200. The payment is non-refundable. | ||
To submit supporting documents for the oral or written review they must be provided in advance of the hearing. This can be done by submitting the supporting documents | To submit supporting documents for the oral or written review they must be provided in advance of the hearing. This can be done by submitting the supporting documents in advance of the hearing at any ICBC driver’s licensing office or by faxing them to RoadSafetyBC at 250-356-6544. | ||
For both oral hearings and written reviews, all written information you wish to be considered in your review hearing should be provided to the Superintendent by 4:30 p.m., two days prior to the date and time of the scheduled review. | |||
A decision will be rendered within 21 days from the date the driving prohibition is issued. | A decision will be rendered within 21 days from the date the driving prohibition is issued. | ||