Indefinite driving prohibitions and indefinite licence suspensions are non-discretionary notices from RoadSafetyBC that prohibit a driver from driving or applying for a driver’s licence. These decisions have no end date. Indefinite driving prohibitions remain in effect until the individual satisfies certain criteria or obtains a licence. There are several circumstances in BC under which drivers are subject to indefinite driving prohibitions. This article will describe some of those circumstances and provide information on how to bring those indefinite suspensions to an end.
Driving Without a Valid and Subsisting Licence:
Drivers who are ticketed multiple times for not having a valid and subsisting driver’s licence will be prohibited from driving indefinitely. This can occur in several different ways. A driver might forget to renew their licence, may have never had a licence, or might be driving in BC for too long with an out-of-province licence. This is common with people who live and work in BC and Alberta simultaneously and with international students who have completed their studies.
Driving without a valid licence is an offence under s. 24(1) of the Motor Vehicle Act (the “MVA”). If convicted of that offence, and the underlying issue is not fixed, a notice will be placed on the driver’s record requiring a police officer to serve the driver with an indefinite prohibition. That indefinite prohibition remains in effect until the person obtains a valid licence.
To cancel the indefinite prohibition, the driver must renew their licence, obtain a BC licence, or satisfy RoadSafetyBC that they are not required to have a BC licence by demonstrating that they are not resident in BC.
Failure to Comply with a Condition of the Driver’s Licence
Section 25.1 of the MVA allows RoadSafetyBC to impose conditions on a driver’s licence to complete remedial driving courses such as the Responsible Driver Program (“RDP”) or to install the Ignition Interlock device (“Interlock”) in a vehicle. Interlock is a device into which you must provide a breath sample free of alcohol before your vehicle starts. There are thresholds for when these conditions will be required based on the number of alcohol-related incidents on the driver’s record. For example, the RDP must be completed by a driver who has received a single 90-day roadside driving prohibition for alcohol. Upon completion of the driving prohibition, the driver will have one year to complete the RDP, otherwise their driver’s licence will be cancelled indefinitely without notice until the RDP has been completed by the driver. Once completed, the driver is required to obtain a new driver’s licence. If a driver receives two 90-day roadside driving prohibitions within five years, the driver will be required to install Interlock in a vehicle. If they fail to do so, or are otherwise unable to do so, the driver will have their licence indefinitely suspended until Interlock is installed in their vehicle.
Vehicle Indebtedness
If a driver owes a debt to ICBC, then ICBC may cancel an existing licence indefinitely or refuse to renew a licence until the debt is paid. Debts to ICBC can be an accumulation of court fines for tickets, added insurance premiums for points, or amounts required to be repaid to ICBC for insurance claims paid out on the driver’s behalf. The latter may occur if a claim exceeds the driver’s insurance policy, or if the driver did not have an insurance policy, or if the driver is found to be in breach of their insurance policy.
ICBC may withhold a driver’s licence until the debt is paid.
Criminal Code Convictions
Section 232 of the MVA mandates licence ineligibility for drivers who are found guilty of Criminal Code driving offences. A driver will be suspended from driving for one year on the first conviction, for three years on a subsequent conviction within ten years, and indefinitely on a third conviction within ten years. If a driver is suspended indefinitely for three Criminal Code convictions within 10 years, after five years the driver may apply for their licence to be reinstated. These timelines are not discretionary, and consequently, there is nothing that can be done to shorten, forgive, or circumvent them.
The best way to avoid being indefinitely prohibited is to contact an experience driving lawyer at the earliest opportunity upon being charged with any offence.
