Other than court-ordered prohibitions, in BC, RoadSafetyBC issues driving prohibitions to both new and experienced drivers who receive driving offences on their driving record.
Section 93(1) of the Motor Vehicle Act provides that RoadSafetyBC mayissue a driving prohibition if it determines your driving record is 1) unsatisfactory, and that 2) it would be in the public interest to issue a prohibition. RoadSafetyBC has the authority to determine these factors and is afforded significant deference in those determinations.
The lawyers at Filkow Law have received numerouscalls 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 at risk of losing their license.
What Is a Driving Prohibition?
A driving prohibition is absolute. It means that the individual affected cannot drive for any reason. In extremely rare circumstances, such as saving someone’s life, driving while prohibited may be legally defensible.
Every driving prohibition begins with a decision from a court or government agency. Drivers are frequently subject to driving prohibitions when driving offences or alcohol or drug infractions are added to driving records, subject to certain thresholds.
Prohibitions are absolute and measured in months, not weeks. Prohibitions from RoadSafetyBC will prevent you from driving for work or school. RoadSafetyBC does not provide curfews or exceptions for work, school, or medical reasons.
Types of Driving Prohibitions in British Columbia
There are several different kinds of driving prohibitions that can be issued by the Superintendent of Motor Vehicles (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 driver’s license suspension
The lawyers at Filkow Law 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). The firm is versed in reviewing all kinds of prohibitions under the Motor Vehicle Act. These prohibition letters are frequently issued as a result of a person having too many driving offences on their driving record.
The Driver Improvement Program provides an escalating series of interventions based on the number of points on a person’s driving record. Detailed charts are available in the Driver Improvement Program Policies and Guidelines.
Drivers with full licences (Classes 1–6) are given greater latitude than new drivers, but they are still monitored. For example, two high-risk offences (excessive speeding, cell phone tickets or careless driving) within a certain time period will result in a lengthy prohibition. Additionally, if you incur over 14 points in a two-year period as a Class 5 driver, you will receive a letter stating that RoadSafetyBC will prohibit you from driving.
Class 7 or 8 drivers (N or L) receive the most scrutiny. According to the Driver Improvement Program Policy and Guidelines, Class 7 drivers may be prohibited for any single ticket carrying two or more demerit points, or for any single alcohol- or drug-related infraction.
As a class 7 driver, if you accumulate more than 3 points or commit a high-risk driving offence, RoadSafetyBC will seek to prohibit you from driving.
What Is a Notice of Driving Prohibition in BC?
A Notice of Prohibition advises you that RoadSafetyBC has prohibited you from driving. You can apply to review a Notice of Prohibition. However, unlike with a Notice of Intent to Prohibit, the prohibition will not be placed on hold pending review.
If you do not acknowledge your Notice of Prohibition by signing the letter and surrendering your licence, a police officer may serve you with the prohibition at the roadside. Generally, you will be permitted to drive home, but thereafter, your prohibition will commence.
In addition to reviewing your prohibition with RoadSafetyBC, you can seek judicial review of RoadSafetyBC’s decision to prohibit you by appealing to the BC Supreme Court.
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 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. You will also need to submit information that RoadSafetyBC had not considered in the first review. This means that 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 three options for a review of driving prohibition: they can uphold the prohibition, reduce it in duration (in whole months generally), or cancel the prohibition altogether. There are 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 lose your job, RoadSafetyBC can 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.
What Happens After Your Driving Prohibition Finishes?
Following the conclusion of a driving prohibition, a driver will be on probation. RoadSafetyBC will scrutinize the driver’s record for the next two years, or until the driver gets their full licence. If further traffic, or alcohol or drug-related infractions are added to the driving record, another prohibition may issue.
A subsequent prohibition is almost certain to be longer in duration than the first prohibition. The driving prohibitions get longer, and the probationary period starts all over. Driving during a driving prohibition will lead to a driving while prohibited charge, which is dealt with in criminal court.
Facing A Driving Prohibition in BC? Call Filkow Law
The lawyers at Filkow Law have drafted hundreds of submissions and are able to tailor a submission that includes your personal circumstances to get the best result possible. OftenThe firm frequentlyassists 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.
