The provincial and federal governments both regulate driving behaviour in BC. The federal government sets the standards for what constitutes criminal driving behaviour via the Criminal Code. The provincial government regulates driving in the province through mainly the Motor Vehicle Act (the “MVA”) and Regulations which contain non-criminal driving offences, vehicle regulations, and licensing regulations.  The MVA provides the framework through which the province licences drivers, and it imposes additional encumbrances on persons who are convicted of offences under the Criminal Code.

The MVA contains both non-discretionary and discretionary driving prohibitions. Non-discretionary driving prohibitions cannot be appealed, reduced, or revoked. Discretionary driving prohibitions have appeal mechanisms and may be reduced or revoked. Understanding the nature of your driving prohibition is very important as it will inform what, if anything, can be done with the driving prohibition.

 

Criminal Driving

Criminal driving includes, but is not limited to, the following offences:

  1. section 220 [causing death by criminal negligence];
  2. section 320.13 (1) [dangerous operation];
  3. section 320.13 (2) [dangerous operation causing bodily harm];
  4. section 320.13 (3) [dangerous operation causing death];
  5. section 320.14 (1) (a) [operation of motor vehicle while impaired by alcohol or a drug];
  6. section 320.14 (1) (b) [operation of motor vehicle and having blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in blood];
  7. section 320.14 (1) (c) [operation of motor vehicle and having blood drug concentration equal to or exceeding prescribed value];
  8. section 320.14 (1) (d) [operation of motor vehicle and having blood alcohol concentration and blood drug concentration equal to or exceeding prescribed values];
  9. section 320.14 (2) [operation of motor vehicle while impaired by alcohol or a drug and causing bodily harm];
  10. section 320.14 (3) [operation of motor vehicle while impaired by alcohol or a drug and causing death];
  11. section 320.14 (4) [operation of motor vehicle and having blood drug concentration in prescribed range];
  12. section 320.15 (1) [failure or refusal to comply with demand];
  13. section 320.15 (2) [causing accident resulting in bodily harm and failure or refusal to comply with demand];
  14. section 320.15 (3) [causing accident resulting in death and failure or refusal to comply with demand];
  15. section 320.16 (1) [failure to stop after accident];
  16. section 320.16 (2) [failure to stop after accident resulting in bodily harm];
  17. section 320.16 (3) [failure to stop after accident resulting in death]; and
  18. section 320.17 [flight from peace officer].

 

Non-Discretionary Prohibitions

1) MVA Section 99

A person in BC who pleads to or is found guilty of a criminal driving offence, regardless of what sentence is imposed, is subject to a mandatory 1-year driving prohibition imposed by RoadSafetyBC as required by section 99 of the MVA. Section 99 reads:

(1) For the purpose of this section, “convicted” includes the granting of an absolute or conditional discharge.

(2) A person who is convicted of

(a)an offence under section 95, 102, 224 or 226 (1), or

(b)a motor vehicle related Criminal Code offence

is automatically and without notice prohibited from driving a motor vehicle for 12 months from the date of sentencing, the date that the passing of sentence is suspended, the date of being granted an absolute or conditional discharge or the date a court imposes a sentence under the Youth Criminal Justice Act (Canada) or the Youth Justice Act.

This driving prohibition is mandatory and begins without notice on the date the sentence is imposed. Often, this will coincide with any court-ordered driving prohibition. However, in other circumstances, an accused person will not receive a court-ordered driving prohibition and will still receive a prohibition of 1-year under section 99. Because this driving prohibition is a requirement of the MVA, there is no ability for a person to appeal, or to seek a reduction or revocation of the driving prohibition.

2) MVA Section 232

Similarly, section 232 of the MVA imposes increasingly lengthy impediments to a driver’s ability to apply for a licence for criminal driving offences received in Canada or in the USA. On a first conviction, a person’s licence is suspended for 1 year. The licence is suspended for 3 years on a second conviction within 10 years. Finally, upon a third conviction within 10 years within the second conviction, the licence is suspended indefinitely. While these suspensions are non-discretionary, a person who is indefinitely suspended can reapply for a licence after 5 years. In effect, after 5 years, the suspension becomes discretionary. The relevant portions of section 232 state:

(2) If a person is convicted of a motor vehicle related Criminal Code offence or under a provision that is enacted by a state of the United States of America and that is designated by regulation, the person’s driver’s licence and the person’s right to apply for or obtain a driver’s licence are deemed to be suspended for the period referred to in subsection (3).

(3) A suspension under subsection (2) is effective from the date of sentencing, and is, subject to section 233, effective for the following period:

(a)on the first conviction, for one year;

(b)on the first subsequent conviction, whether or not that conviction is under the same provision as the conviction referred to in paragraph (a), for 3 years;

(c)on the second subsequent conviction or an additional subsequent conviction, whether or not that conviction is under the same provision as the convictions referred to in paragraph (a)or (b), indefinitely.

(5) Subsection (3) (b) and (c) does not apply if the subsequent conviction is more than 10 years after the previous conviction.

(6) Despite subsection (3), if the subsequent conviction is within 10 years after the previous conviction, a conviction that preceded the previous conviction by less than 10 years must be taken into account for the purpose of subsection (3) (b) and (c).

 

Discretionary Driving Prohibitions

RoadSafetyBC imposes driving prohibitions on drivers who have unsatisfactory driving records. For Class 7 drivers, the requirements are very strict, and a prohibition can be imposed for offences with 2 or more demerits on a first driving record entry. Class 1, 2, 3, 4, 5, and 6 drivers are afforded more leeway but can be prohibited from driving for as few as 2 offences, and often without advanced notice to the driver. For a more fulsome discussion of the criteria for a driving prohibition, see our previous post here: The Vicious Cycle of Driving Prohibitions in BC | Filkow Law.

 

Consequences for Non-Compliance with Driving Prohibition

Driving While Prohibited

Driving While Prohibited is an offence in the MVA and can be charged under section 95 or 102 of the MVA, depending on the circumstances of the offence. It has analogous Criminal Code offences that are charged when the underlying driving prohibition was imposed due to a criminal charge. However, most often, it is not a Criminal Code offence, and so does not trigger section 232. There is a mandatory minimum sentence upon a plea to or finding of guilt of the charge. That minimum sentence includes a 1-year court-ordered driving prohibition. Again, this is non-discretionary upon conviction and will run concurrently to the prohibition imposed by section 99, which specifically enumerates sections 95 and 102.

If you receive correspondence from RoadSafetyBC informing you about a prohibition, or their intention to prohibit you from driving, it is important to understand your legal position as soon as possible. The lawyers at Filkow Law are very experienced in dealing with driving prohibitions, and in criminal driving offences and can properly advise you in any circumstance you find yourself in.

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