We have been receiving lots of calls regarding driving prohibitions recently. As a leading BC law firm dealing with driving offences and driving prohibitions, we have handled hundreds of cases where drivers are facing losing their license under such things as the Driver Improvement Program.
Motor Vehicle Act: Section 93 (1) (a) (ii) and beyond
In addition to Immediate Roadside Prohibitions (which can be 12 hours, 24 hours, 3 days, 5 days or 90 days in length), there are several different kinds of driving prohibitions that can be issued by the Superintendent of Motor Vehicles, also known as RoadSafetyBC.
These include the following:
- Driver Improvement Program prohibitions pursuant to section 93 (1) (a) (ii) of the Motor Vehicle Act for having a poor driving record
- Medical Prohibitions from driving pursuant to section 92 of the Motor Vehicle Act
- Driving Prohibition under section 93(1)(c) where an officer writes to RoadSafetyBC requesting a license suspension
We most commonly see Notice of Intent to Prohibit letters or Notice of Prohibition letters which communicate an intention to prohibit someone under section 93(1)(a)(ii) but we are versed in reviewing all kinds of prohibitions under the Motor Vehicle Act. These Prohibition Letters are issued as a result of a person having too many driving offences on their driving record.
The Driver Improvement Program allows for an escalating series of interventions depending on how many points are on a person’s driving record. Detailed charts can be found in the Driver Improvement Program Policies and Guidelines (which can be found here.
Essentially, if you incur over 14 points in a two-year period as a Class 5 driver, you will receive a letter that RoadSafetyBC will be prohibiting you from driving. Alternatively, if you are found guilty of more than one high-risk driving offence in a 12-month period, you will also be looking at a driving prohibition (these include using an electronic device while driving, excessive speeding, driving without due care and attention, and driving without consideration).
As a class 7 driver, if you incur more than 3 points or even one high-risk driving offence, RoadSafetyBC will seek to prohibit you from driving.
You have received a driving prohibition, now what?
After receiving either a Notice of Intent to Prohibit or a Notice of Prohibition you have the option at any point to write a letter (with a $100 application fee) to request a review of your driving prohibition. The Notice of Intent letter will give you 21 days to submit a review. If you submit a letter during this period, the decision to prohibit you will be suspended until a final decision is made. If you do not send a letter, or your submission is rejected, you will receive a second letter, the Notice of Prohibition.
You can submit a second review or your first review after receiving the Notice of Prohibition but it will be outstanding. This means that ICBC can cancel your license or a police officer can personally serve you with the prohibition (starting it immediately) if you do not acknowledge the prohibition by signing it or turning your license into an ICBC office.
RoadSafetyBC has several options on a review of driving prohibition: they can uphold the prohibition, reduce it in duration (in whole months generally) or cancel the prohibition altogether. There can be no special exceptions for use of the license (such as work use only).
There are many considerations that are included in a submission to review a driving prohibition. Hardship alone will not result in a driving prohibition being cancelled! Even if you will lose your job, RoadSafetyBC can and will uphold a driving prohibition. RoadSafetyBC will look at your driving record, the hardship a driving prohibition would cause and consider factors included in their policies and guidelines.
Facing A Driving Prohibition in BC? Call Filkow Law
Filkow Law is very experienced with drafting these submissions and how factors are considered and weighed by RoadSafetyBC. We have drafted hundreds of submissions and are able to tailor a submission that includes your personal circumstances to get the best result possible. Often, we are even able to assist clients by submitting a second successful review for someone after the initial review they submitted on their own failed. If you are facing a driving prohibition in BC, please contact Filkow Law for assistance.