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This Act has "Not in Force" sections. See the Table of Legislative Changes.

Motor Vehicle Act

[RSBC 1996] CHAPTER 318

Part 5

Suspension on conviction for certain offences

232  (1) In this section:

"convicted" includes the granting of an absolute or conditional discharge;

"date of sentencing" includes

(a) the date that the passing of sentence is suspended,

(b) the date that an absolute or a conditional discharge is granted, or

(c) the date that a court

(i)   imposes a sentence under the Youth Justice Act or the Youth Criminal Justice Act (Canada), or

(ii)   makes a disposition under the Young Offenders (British Columbia) Act, as it read before its repeal by the Youth Justice Act, or a disposition under the Young Offenders Act (Canada), as it read before its repeal by the Youth Criminal Justice Act (Canada);

"motor vehicle related Criminal Code offence" does not include an offence under section 259 (4) of the Criminal Code.

(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, his or her driver's licence and his or her 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.

(4) Subsection (3) applies only if,

(a) for subsection (3) (a), the conviction is in respect of an offence committed after the coming into force of this section,

(b) for subsection (3) (b), the first subsequent conviction is in respect of an offence committed after the coming into force of this section and the previous conviction was not more than 5 years before the date on which this section comes into force, and

(c) for subsection (3) (c), the second subsequent conviction or the additional subsequent conviction is in respect of an offence committed after the coming into force of this section and the previous convictions were not more than 5 years before the date on which this section comes into force.

(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).

Reinstatement of suspended licence

233  (1) In this section, "program" means a remedial program or component of it or an ignition interlock program specified by the superintendent.

(2) The superintendent must notify the Insurance Corporation of British Columbia of a person's right

(a) to have his or her suspended driver's licence reinstated or to apply for a new driver's licence, as the case may be, in the following circumstances:

(i)   the person's driver's licence is suspended and the person's right to apply for or obtain a driver's licence is suspended under section 232 (2) and (3) (a) or (b);

(ii)   the person has,

(A)  to the satisfaction of the superintendent, attended or participated in and completed a program as required by the superintendent, and

(B)  paid the prescribed fees, or

(b) to apply for a driver's licence at the end of a suspension period of 5 years in the following circumstances:

(i)   the person's driver's licence is suspended and the person's right to apply for or obtain a driver's licence is suspended under section 232 (2) and (3) (c);

(ii)   the person has,

(A)  to the satisfaction of the superintendent, attended or participated in and completed a program as required by the superintendent, and

(B)  paid the prescribed fees.

(3) If it is, in the superintendent's opinion, in the public interest for a person in the circumstances referred to in subsection (2) (a) or (b) to participate in an ignition interlock program specified by the superintendent and the person pays the prescribed fees for the ignition interlock program, the superintendent may require a statement in, endorsement on or attachment to the person's driver's licence adding a condition of the driver's licence that the person participate in and complete the ignition interlock program, to the satisfaction of the superintendent.

(4) The superintendent may

(a) as part of a condition of a driver's licence under subsection (3), specify a date by which or a period of time during which the person must complete the program, and

(b) at any time extend, change or cancel a date or period of time specified under paragraph (a).

(5) Section 25 (13) applies to a condition imposed in respect of a person's driver's licence under this section.

(6) If the superintendent notifies the Insurance Corporation of British Columbia

(a) under subsection (2) (a), the corporation must,

(i)   on the expiry of the suspension, reinstate the driver's licence if

(A)  the driver's licence has not expired or been cancelled,

(B)  the person is otherwise qualified to hold the licence, and

(C)  there is no other suspension, cancellation or prohibition under this Act in respect of the driver's licence or the person, or

(ii)   on receipt of the notification, allow the person to apply for a new driver's licence, subject to any other suspension, cancellation or prohibition under this Act, or

(b) under subsection (2) (b), the corporation must, at the expiry of the suspension period, allow the person to apply for a new driver's licence, subject to any other suspension, cancellation or prohibition under this Act.

(7) The suspension of a person's driver's licence and of the person's right to apply for or obtain a driver's licence is extended

(a) if, on the expiry of a suspension under section 232 (2) and (3) (a) or (b), the person has not

(A)  attended or participated in and completed a program to the satisfaction of the superintendent, and

(B)  paid the prescribed fees, and

(b) until the person has done the things referred to in paragraph (a).

Driving while suspended

234  (1) A person, other than a person who is exempted under section 34 (1.1) from the requirements as to the holding of a driver's licence issued under this Act while driving or operating a motor vehicle, commits an offence who drives a motor vehicle on a highway or industrial road knowing that the person's driver's licence or the person's right to apply for or obtain a driver's licence is suspended under section 232.

(2) A person who commits an offence referred to in subsection (1) is liable,

(a) on a first conviction, to a fine of not less than $500 and not more than $2 000 or to imprisonment for not more than 6 months, or to both, and

(b) on a subsequent conviction, regardless of when the contravention occurred, to a fine of not less than $500 and not more than $2 000 and to imprisonment for not less than 14 days and not more than one year.

(3) If a person is charged with an offence under subsection (1), the court hearing the charge may admit into evidence a certificate of the superintendent stating the information required by subsection (4) and if the certificate of the superintendent is admitted into evidence it is proof that the defendant had knowledge of the suspension in effect at the time of the alleged offence.

(4) If a person is charged with an offence under subsection (1), the certificate referred to in subsection (3) must state that the suspension was in effect on the date of the alleged offence and that the records of the Insurance Corporation of British Columbia or the superintendent, as the case may be,

(a) show that a notice of the suspension was mailed by registered mail or certified mail to the person at the person's most recent address recorded in the records of the corporation and that the corporation or superintendent subsequently received a copy of a confirmation of delivery provided by Canada Post showing a recipient's signature that, from a comparison with the signature on the records of the corporation, appears to be that of the person to whom the notice of suspension was sent,

(b) contain a document that

(i)   indicates that the person so charged

(A)  has acknowledged that his or her driver's licence or his or her right to apply for or to obtain a driver's licence is suspended,

(B)  has acknowledged that he or she has received from the superintendent a notice of suspension of his or her driver's licence or of his or her right to apply for or to obtain a driver's licence, or

(C)  has surrendered his or her driver's licence to the superintendent or the corporation subsequent to receiving from the superintendent a notice of suspension, and

(ii)   is signed with a signature that, from a comparison with the signature on the records of the corporation, appears to be that of the person whose driver's licence or right to apply for or to obtain a driver's licence is suspended under this Part, or to whom the superintendent mailed a notice of suspension, or

(c) contain a certificate of service in the form and with the content prescribed by the Lieutenant Governor in Council, showing that the notice of suspension under section 232 was personally served on the person.

(5) This section applies to any document contained in the records of the superintendent or the Insurance Corporation of British Columbia, whether that document was signed before, on or after the date this subsection comes into force.

Driver to surrender licence

235  If a person's driver's licence or his or her right to apply for or obtain a driver's licence is suspended under section 232, he or she must,

(a) if notified of the suspension by mail, immediately send his or her driver's licence, or any document issued in another jurisdiction that allows him or her to drive a motor vehicle, to the Insurance Corporation of British Columbia, and

(b) if notified of the suspension by personal service by a peace officer, sheriff or person authorized by the superintendent, surrender the person's driver's licence, or any document issued in another jurisdiction that allows the person to drive a motor vehicle, to the serving peace officer, sheriff or person for forwarding to the Insurance Corporation of British Columbia.

Stay of suspension against driving

236  Section 101 applies to any application for a stay of a suspension imposed under this Part and for that purpose

(a) a reference to "prohibition" in section 101 is deemed to be a reference to a suspension under section 232, and

(b) a stay ordered in respect of a prohibition under section 101 operates as a stay of a suspension under section 232 and a stay ordered in respect of a suspension under section 232 operates as a stay of a prohibition under section 101, for so long as the stay remains in effect and with like result.

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