The Motor Vehicle Act regulates the operation of motor vehicles in British Columbia. RoadSafetyBC is a branch of the Ministry of Public Safety and Solicitor General and is responsible for issuing prohibitions to BC drivers, under section 93 of the Motor Vehicle Act.
There are different types of driving prohibitions, including:
- 24-hour roadside prohibition
- Immediate roadside prohibition
- Administrative driving prohibition (ADP)
- Unlicensed driver prohibition
- Driver Improvement Program prohibitions
If you’ve received a Notice of Prohibition, you won’t be able to drive for a certain amount of time. You are, however, entitled to apply for a review of your prohibition.
If you have received a Notice of Intent to Prohibit, you must respond in twenty one (21) days from the date of the letter with reasons why the suspension should not take effect. You are permitted to drive until you receive a response from RoadSafetyBC on your submissions.
Reviews:
You have the right to have your driving prohibition reviewed by the Superintendent of Motor Vehicles (the “Superintendent”) under section 215.48 of Motor Vehicle Act.
The specific type of prohibition you received will determine how long you have to apply for a review. For example, for 3-, 7-, 30- and 90-day driving prohibitions, you must apply for a review within 7 days of the date you were served the Notice of Driving Prohibition. It is important to review the deadline that applies to your particular circumstance.
However, just because you file an application for review does not mean that your driving prohibition has been stayed.
You must make a written submission, complete the Application for Review form and pay a $100 non-refundable fee.
Application for Review: Written Submission
Disputing a driving prohibition can be difficult and stressful to complete on your own. A lawyer can guide you through the process in a timely and effective manner. A lawyer will know how to prove the circumstances that will satisfy an adjudicator that your prohibition should be stayed or reduced.
If you Drive while Suspended:
Driving while prohibited is illegal. If you are convicted, the minimum fine is $500 for a first offence, a 12-month prohibition and possible imprisonment. Additionally, the vehicle you were driving will be impounded, even if it’s not yours. Imprisonment is mandatory for a second offence.
What benefits are there to using a lawyer to help with a Driving Prohibition Appeal?
We collect the necessary evidence for your appeal and prepare legal submissions based on your personal circumstances. Giving RoadSafetyBC the most comprehensive and detailed account of your personal circumstances, with the evidence to support the submission, gives you the best chance of having the prohibition stayed or reduced.
