Many drivers are unaware BC’s Motor Vehicle Act allows RoadSafetyBC to issue driving prohibitions “for any cause” relating to “the use or operation of motor vehicles.”
Driving prohibitions may be issued at the Superintendent of Motor Vehicle’s discretion. This means that if, at any time, the Superintendent of Motor Vehicles believes your driving record is “unsatisfactory” and that taking your license away could be in the public interest, they may do so. Additionally, each subsequent prohibition could make your driving record even more “unsatisfactory,” and result in longer prohibitions.
Driving prohibition? Call John today for a free consultation: 604-685-8889.
Here is what MVA s. 93 states:
(1) Even though a person is or may be subject to another prohibition from driving, if the superintendent considers it to be in the public interest, the superintendent may, with or without a hearing, prohibit the person from driving a motor vehicle
(a) if the person
(i) has failed to comply with this Act or the regulations, or
(ii) has a driving record that in the opinion of the superintendent is unsatisfactory,
(b) if the person’s privilege of driving a motor vehicle has been suspended or cancelled in any jurisdiction in Canada or in the United States of America, or
(c) for any cause not referred to in paragraph (a) or (b) that relates to the use or operation of motor vehicles.
(2) In forming an opinion as to whether a person’s driving record is unsatisfactory the superintendent may consider all or any part of the person’s driving record, including but not limited to any part of the driving record previously taken into account by a court or by the superintendent in making any order prohibiting the person from driving a motor vehicle.
(3) If under this section the superintendent prohibits a person from driving a motor vehicle on the grounds of an unsatisfactory driving record, a prohibition so made must not be held invalid on the grounds that the superintendent did not examine or consider other information or evidence.
It has been established in court that RoadSafetyBC may issue a driving prohibition simply from examining a driver’s record at “face value.” The Superintendent does not have to consider the practical considerations of your driving record, such as whether your record is so poor because you have a large number of minor offences, or whether your driving offences were related to serious crime. A driving record is a driving record.
Lawyer John P. Cheevers is highly experienced in challenging all types of driving prohibitions.
Call John today for a free consultation: 604-685-8889.