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| This archived statute consolidation is current to November 8, 1991 and includes changes enacted and in force by that date. |
Part 2 — Suspensions of Licences and Prohibitions from Driving
82. Where a person is prohibited from driving a motor vehicle under this Act or the Young Offenders (British Columbia) Act or the Criminal Code, his driver's licence and his right to apply for or obtain a driver's licence are deemed to be suspended.
Historical Note(s): 1982-36-17, proclaimed effective September 1, 1982; 1984-30-49, effective June 11, 1984 (B.C. Reg. 165/84); 1985-52-55, effective December 6, 1985 (B.C. Reg. 388/85).
83. (1) Where a person
(a) has not in the current or a preceding year
(i) paid all insurance premiums required to be paid under the Insurance (Motor Vehicle) Act,
(ii) obtained automobile insurance, as defined in the Insurance Act, or a motor vehicle liability policy, for a motor vehicle or trailer owned by the person, or
(iii) paid the fee prescribed for the registration of a motor vehicle or trailer or for a licence or permit for a motor vehicle or trailer owned by the person, or for a driver's licence, or
(b) is indebted to the Insurance Corporation of British Columbia for reimbursement of money paid in respect of a claim,
the superintendent may, without a hearing, suspend the licence and corresponding number plates for any motor vehicle or trailer, or both, owned by that person and any permit issued to that person.
(2) Where a suspension occurs under subsection (1) due to a person not
(a) obtaining automobile insurance, as defined in the Insurance Act, or a motor vehicle liability policy, or
(b) paying the fee prescribed for the registration of a motor vehicle or trailer or for a licence for a motor vehicle or trailer, a driver's licence or a permit, or paying all the insurance premiums required to be paid,
the suspension remains in force until,
(c) in the circumstances set out in paragraph (a), a motor vehicle liability policy or automobile insurance is obtained, and
(d) in the circumstances set out in paragraph (b), all fees and premiums required to be paid are fully paid.
(3) Where a suspension occurs under subsection (1) due to a person being indebted to the Insurance Corporation of British Columbia for reimbursement of money paid in respect of a claim, the suspension remains in force until
(a) the superintendent is satisfied that the amount of the indebtedness has been fully paid to the corporation, or
(b) the corporation has, in relation to the debt owed to it for reimbursement of money paid in respect of a claim, notified the superintendent under section 19 (13) of the Insurance (Motor Vehicle) Act.
(4) For the purpose of this section, a person who pays by a cheque, bill of exchange or order to pay, the payment of which is not made by the savings institution on which it is drawn when it is presented for payment whether in person or through another savings institution, shall be deemed not to have paid.
(5) For the purpose of this section, the production of a cheque, bill of exchange or order to pay on which is marked "Pursuant to clearing rules, this item must not be cleared again unless certified" or other words importing that payment was not made by the savings institution, is evidence that payment was not made.
(6) Where the automobile insurance, as defined in the Insurance Act, or a motor vehicle liability policy for a motor vehicle or trailer is suspended, cancelled or revoked, the superintendent shall
(a) in the case of suspension, suspend the licence and corresponding number plates for the motor vehicle or trailer or a permit, or all of them, until the suspension of the automobile insurance or motor vehicle liability policy ends, and
(b) in the case of a cancellation or revocation, cancel the licence and corresponding number plates for the motor vehicle or trailer or the permit, or all of them.
(7) Where the superintendent considers that a permit, consent or certificate issued by him under this Act should be cancelled or suspended, he may, without a hearing, suspend, for a period that he considers proper, or cancel the permit, consent or certificate.
(8) On receipt of notice of a suspension or cancellation of a licence, permit, consent or certificate under this section or the regulations, the person to whom the licence, permit, consent or certificate was issued shall forthwith deliver the licence, permit, consent, certificate, windshield sticker and any corresponding number plates to the superintendent.
(9) Where a person fails to comply with subsection (8), the superintendent may order a peace officer to recover the licence, permit, consent, certificate, windshield sticker or any corresponding number plates.
Historical Note(s): 1982-36-17, proclaimed effective September 1, 1982.
84. (1) Where a person has failed to satisfy a final judgment rendered against him by a court in Canada or the United States of America within 30 days after the termination of all proceedings, including appeal, in an action for damages resulting from
(a) bodily injury to or the death of another person, or
(b) damage to property in an amount exceeding $400, exclusive of court costs,
caused by or arising out of the person's ownership, operation or use of a motor vehicle, the superintendent may, with or without a hearing, prohibit the person from driving a motor vehicle, notwithstanding that the person is or may be subject to another prohibition from driving.
(2) The superintendent shall not prohibit a person from driving a motor vehicle under subsection (1) until the superintendent has received
(a) a certificate of the final judgment issued by the court in which the judgment was rendered,
(b) evidence satisfactory to the superintendent of the identity of the judgment debtor, and
(c) evidence of failure to satisfy the judgment.
(3) The superintendent may cancel a prohibition made under this section and may reimpose a prohibition that was cancelled.
Historical Note(s): 1982-36-17, proclaimed effective September 1, 1982.
85. Where
(a) a person has been required under section 25 to submit to an examination and he
(i) fails to appear and submit himself to examination, or
(ii) fails to pay the prescribed examination fee, or
(b) the superintendent considers that a person is unable or unfit to drive a motor vehicle or to hold a driver's licence of a certain class,
the superintendent may, with or without a hearing
(c) prohibit the person from driving a motor vehicle, or
(d) cancel the person's driver's licence and issue a different class of driver's licence to the person
notwithstanding that the person is or may be subject to another prohibition from driving.
Historical Note(s): 1982-36-18, proclaimed effective September 1, 1982.
86. (1) Notwithstanding that a person is or may be subject to another prohibition from driving, where the superintendent considers it to be in the public interest, he may, with or without a hearing, prohibit the person from driving a motor vehicle
(a) where 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) where 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 the whole 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) Where under this section the superintendent prohibits a person from driving a motor vehicle on the grounds of an unsatisfactory driving record, no prohibition so made shall be held invalid on the grounds that he did not examine or consider other information or evidence.
Historical Note(s): 1982-36-18, proclaimed effective September 1, 1982; 1985-77-3, effective December 13, 1985 (B.C. Reg. 397/85).
87. (1) Every person who is prohibited from driving a motor vehicle under section 86 may, within 30 days after he receives notice of prohibition from driving a motor vehicle, appeal the prohibition to the Supreme Court.
(2) The appellant shall, not less than one month before the hearing, serve the superintendent, either personally or by registered mail, with a copy of his notice of appeal and notice of the date of the hearing.
(3) The court to which an appeal is made under subsection (1) shall
(a) dismiss the appeal, or
(b) allow the appeal and order the superintendent to terminate the prohibition imposed under section 86.
Historical Note(s): 1982-36-19, proclaimed effective September 1, 1982; 1989-40-137.
88. (1) A person who drives a motor vehicle on a highway or industrial road knowing that
(a) he is prohibited from driving a motor vehicle under section 84, 85, 86 or 214, or
(b) his driver's licence or his right to apply for or obtain a driver's licence is suspended under section 25, 83, 87, 88, 94 or 214X as it was before its repeal and replacement or its amendment came into force pursuant to the Motor Vehicle Amendment Act, 1982,
commits an offence and is liable,
(c) on a first conviction, to a fine of not less than $300 and not more than $2 000 and to imprisonment for not less than 7 days and not more than 6 months, and
(d) on a subsequent conviction, regardless of when the contravention occurred, to a fine of not less than $300 and not more than $2 000 and to imprisonment for not less than 14 days and not more than one year.
(2) Where 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 (3) and where the certificate of the superintendent is admitted into evidence it is proof that the defendant had knowledge of the prohibition or suspension in effect at the time of the alleged offence unless he proves, on the balance of probabilities, that he did not know of the prohibition or suspension.
(3) Where a person is charged with an offence under subsection (1), the certificate referred to in subsection (2) shall state that the prohibition or suspension was in effect on the date of the alleged offence and that the records of the superintendent
(a) show that a notice of the prohibition or suspension was mailed by certified mail to the person at his most recent address recorded in the records of the superintendent and that the superintendent subsequently received a Canada Post certified mail delivery card showing a recipient's signature that appears to be that of the person to whom the notice of prohibition or suspension was sent, or
(b) contain a document that
(i) indicates that the person so charged
(A) has acknowledged that he is prohibited from driving a motor vehicle, or that his driver's licence or his right to apply for or to obtain a driver's licence is suspended,
(B) has acknowledged that he has received from the superintendent a notice of prohibition against driving a motor vehicle or a notice of suspension of his driver's licence or of his right to apply for or to obtain a driver's licence, or
(C) has surrendered his driver's licence to the superintendent subsequent to receiving from the superintendent a notice of prohibition, relating to a prohibition under section 84, 85 or 86, or a notice of suspension, and
(ii) is signed by a signature that, from a comparison with the signature on the records of the superintendent, appears to be that of the person whom the superintendent intended to prohibit from driving a motor vehicle, or whose driver's licence or right to apply for or to obtain a driver's licence he intended to suspend, or to whom he mailed a notice of prohibition or suspension.
(4) Subsections (2) and (3) apply to any document contained in the records of the superintendent, whether that document was signed before, on or after the date this subsection comes into force.
Historical Note(s): 1982-36-19, proclaimed effective September 1, 1982; 1985-52-56, effective October 11, 1985 (B.C. Reg. 336/85); 1987-46-6, effective October 23, 1987 (B.C. Reg. 393/87).
89. (1) Where a person is prohibited from driving a motor vehicle under section 84, 85 or 86, he shall,
(a) where notified of the prohibition by mail, immediately send his driver's licence, or any document issued in another jurisdiction that allows him to drive a motor vehicle, to the superintendent, and
(b) where notified by personal service by a peace officer, sheriff or person authorized by the superintendent to do anything under this Act, surrender his driver's licence, or any document issued in another jurisdiction that allows him to drive a motor vehicle, to the serving peace officer, sheriff or person.
(2) A person who is prohibited from driving a motor vehicle under section 90, 91, 92 or 92.1 of this Act or under section 7 (2) (f) or (3) of the Young Offenders (British Columbia) Act or under the Criminal Code shall forthwith surrender his driver's licence or any document issued in another jurisdiction that allows him to drive a motor vehicle, to the justice, court clerk or sheriff for forwarding to the superintendent.
(3) Where a person fails to comply with subsection (2), the superintendent may order a peace officer or sheriff to recover the driver's licence issued to that person under this Act or any document issued in another jurisdiction that allows him to drive a motor vehicle.
(4) Where a peace officer serves on a person, who is in control of a motor vehicle on a highway or industrial road, a document containing notice that the person is prohibited from driving a motor vehicle, the notice shall act as a temporary driver's licence to expire at the time noted on its face, and the prohibition from driving shall commence immediately on the expiration of the temporary driver's licence.
(5) A temporary driver's licence issued under subsection (4) shall be subject to all restrictions and conditions of the driver's licence of the person who is prohibited from driving a motor vehicle.
(6) Subsection (4) does not apply where the peace officer serves a person who is already prohibited from driving a motor vehicle or where his driver's licence or right to apply for or obtain a driver's licence is already under suspension.
Historical Note(s): 1982-36-19, proclaimed effective September 1, 1982; 1984-30-50, effective June 11, 1984 (B.C. Reg. 165/84); 1985-52-57, effective December 6, 1985 (B.C. Reg. 388/85).
89.1 No prohibition under section 84, 85 or 86 shall be invalid or held invalid on the grounds that the notice of prohibition sent to the person being prohibited from driving under any of those sections, is not signed by the superintendent or deputy superintendent.
Historical Note(s): 1985-52-58, effective October 11, 1985 (B.C. Reg. 336/85).
90. (1) For the purpose of this section, "convicts" includes the granting of an absolute or conditional discharge and the determination under section 123 (2) that a violation took place.
(2) Where a court convicts a person of
(a) an offence under this Act,
(b) an offence under the regulations, or
(c) a motor vehicle related Criminal Code offence,
the court may
(d) consider the person's driving record, and
(e) notwithstanding that the person is or may be subject to another prohibition from driving, prohibit the person from driving a motor vehicle for a definite period of time if the court considers that the facts of the case or the person's driving record or both the facts of the case and his driving record when taken together justify the prohibition.
(3) Subsection (2) does not apply
(a) [Repealed 1985-77-4, effective December 13, 1985 (B.C. Reg. 397/85).]
(b) where the defendant is convicted of an offence under section 76.
(4) Where a court prohibits a person from driving a motor vehicle under this section, the court shall order that the prohibition
(a) take effect immediately,
(b) continue for the full day of each day of the prohibition, and
(c) continue for consecutive days.
(5) A person, who is prohibited from driving a motor vehicle under this section for a period of more than 3 years, may make an application to the court that prohibited him from driving for a review of the length of the prohibition, after 3 years of the prohibition have elapsed and after notifying the superintendent.
(6) On an application under subsection (5), the court may, where it considers that it is not contrary to public interest, reduce the length of the prohibition or cancel the prohibition.
(7) Where the court reduces the length of a prohibition or cancels a prohibition under subsection (6), it shall forthwith notify the superintendent of its decision.
Historical Note(s): 1982-36-19, proclaimed effective September 1, 1982; 1984-30-51, effective June 11, 1984 (B.C. Reg. 165/84); 1985-52-59, effective December 6, 1985 (B.C. Reg. 388/85); 1985-77-4, effective December 13, 1985 (B.C. Reg. 397/85); 1986-19-3, effective December 31, 1986 (B.C. Reg. 299/86).
92. (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 88, 94, 220.1 (1) or 220.3 (1), or
(b) a motor vehicle related Criminal Code offence
(c) [Repealed 1985-52-60, effective December 6, 1985 (B.C. Reg. 388/85).]
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 makes a disposition under the Young Offenders Act (Canada) or the Young Offenders (British Columbia) Act.
(3) [Repealed 1985-77-4, effective December 13, 1985 (B.C. Reg. 397/85).]
Historical Note(s): 1982-36-19, proclaimed effective September 1, 1982; 1982-73-1, proclaimed effective October 1, 1983; 1984-30-52,53, effective June 11, 1984 (B.C. Reg. 165/84); 1985-52-60, effective December 6, 1985 (B.C. Reg. 388/85); 1985-77-4, effective December 13, 1985 (B.C. Reg. 397/85); [amended 1986-19-4, not in force, amendment not included]; 1986-19-4, effective April 1, 1989 (B.C. Reg. 65/89).
92.1 (1) A driver of a motor vehicle commits an offence where
(a) he
(i) is signalled or requested to stop by a peace officer who is readily identifiable as a peace officer, and
(ii) fails to come to a safe stop, and
(b) a peace officer pursues the driver in order to require him to stop.
(2) Where a person commits an offence under subsection (1), he is liable to a fine of not less than $300 and not more than $2 000 or to imprisonment for not less than 7 days and not more than 6 months or to both.
(3) Where a person is convicted of an offence under subsection (1), the court shall, notwithstanding that the person is or may be subject to another prohibition from driving under this Act, prohibit the person from driving a motor vehicle for a period of 2 years from the date of sentencing if the person is also convicted of contravening any of the following provisions of the Criminal Code with respect to the same incident:
(a) section 220;
(b) section 221;
(c) section 236;
(d) section 249 (1) (a), (3) or (4).
(4) Section 90 (4) applies to a prohibition ordered under this section.
(5) [Repealed 1985-77-4, effective December 13, 1985 (B.C. Reg. 397/85).]
(6) Where a person is charged with an offence under subsection (1) and the evidence does not prove the offence but does prove a contravention of section 67 (1), the person may be convicted of contravening section 67 (1).
Historical Note(s): 1982-36-19, proclaimed effective September 1, 1982; 1984-30-54, effective June 11, 1984 (B.C. Reg. 165/84); 1985-77-4, effective December 13, 1985 (B.C. Reg. 397/85); 1990-71-9.
93. (1) For the purpose of this section, "conviction" includes the granting of an absolute or conditional discharge and the determination under section 123 (2) that a violation took place.
(2) In this section
"appellate court" means a court to which a person who is prohibited from driving appeals a conviction;
"conviction" means a conviction pursuant to which a prohibition has been imposed;
"licence" means a licence authorizing a person to drive, and includes a document issued in another jurisdiction authorizing a person to drive;
"prohibition" means a prohibition on a person from driving a motor vehicle, imposed by or under section 90, 91, 92 or 92.1 of this Act, or by or under section 7 (2) (f) or (3) of the Young Offenders (British Columbia) Act, and "prohibited from driving" has a corresponding meaning;
"stay" means a stay of a prohibition, granted under subsection (3).
(3) Where a person,
(a) appeals a conviction, and
(b) applies to the appellate court for an order to stay the prohibition imposed pursuant to the conviction,
the appellate court may stay the prohibition for a period it considers appropriate.
(4) An application for a stay shall not be heard unless written notice has been served on the Attorney General not less than 2 days before the day the application is heard.
(5) The Attorney General may appear as respondent on an application for a stay.
(6) On application of
(a) the person who applied for a stay, or
(b) a respondent to vary a stay,
the appellate court may, in its discretion, vary the period of the stay, extend the stay or, where a stay has expired, grant a new stay.
(7) Where an appellate court orders a stay in respect of a person, the clerk of that court shall
(a) return that person's licence to him, and
(b) send a copy of the order to the superintendent.
(8) On receiving a copy of an order referred to in subsection (7), the superintendent shall return the licence to the person to whom it was issued.
(9) A prohibition is automatically and without notice reimposed on the day
(a) a stay expires, or
(b) an appeal from the conviction in respect of which a person is prohibited from driving is dismissed.
(10) Where a prohibition is reimposed by subsection (9), the number of days during which the prohibition was stayed shall be added to the original period of the prohibition and the prohibition shall continue for that additional number of days, but
(a) a further stay may be ordered under subsection (3), and
(b) where an appeal from the conviction in respect of which the prohibition from driving was imposed is allowed, the prohibition ends.
(11) Where a prohibition is reimposed by subsection (9) (a), the person shall forthwith cause his licence to be sent to the superintendent.
(12) Where a prohibition is reimposed by subsection (9) (b),
(a) the person shall cause his licence to be surrendered to the court as soon as practicable after the dismissal, and the prohibition has effect from the date of reimposition whether or not the licence has been surrendered, and
(b) the court shall forthwith cause
(i) the surrendered licence to be sent to the superintendent, and
(ii) the superintendent to be notified of the dismissal
(13) Where an appeal from a conviction is allowed, the court shall forthwith cause the superintendent to be notified.
Historical Note(s): 1982-36-19, proclaimed effective September 1, 1982; 1984-30-55,56, effective June 11, 1984 (B.C. Reg. 165/84); 1985-77-5, effective December 31, 1986 (B.C. Reg. 298/86), see transitional provision 1985-77-11, effective December 31, 1986 (B.C. Reg. 298/86); 1985-77-5 amended, 1986-19-13, effective December 31, 1986 (B.C. Reg. 299/86); 1986-19-3, effective December 31, 1986 (B.C. Reg. 299/86).
94. (1) A person who drives a motor vehicle on a highway or industrial road while
(a) he is prohibited from driving a motor vehicle under section 90, 91, 92 or 92.1 of this Act or under section 7 (2) (f) or (3) of the Young Offenders (British Columbia) Act, or
(b) his driver's licence or his right to apply for or obtain a driver's licence is suspended under section 82 or 92 as it was before its repeal and replacement came into force pursuant to the Motor Vehicle Amendment Act, 1982,
commits an offence and is liable,
(c) on a first conviction, to a fine of not less than $300 and not more than $2 000 and to imprisonment for not less than 7 days and not more than 6 months, and
(d) on a subsequent conviction, regardless of when the contravention occurred, to a fine of not less than $300 and not more than $2 000 and to imprisonment for not less than 14 days and not more than one year.
(2) [Repealed 1986-19-5, effective December 31, 1986 (B.C. Reg. 299/86).]
Historical Note(s): 1982-36-19, proclaimed effective September 1, 1982; 1984-30-57, effective June 11, 1984 (B.C. Reg. 165/84); 1986-19-5, effective December 31, 1986 (B.C. Reg. 299/86).
94.1 Where a person who is convicted of an offence under section 88 or 94 has previously been convicted of an offence under
(a) section 88 or 94, or
(b) section 88.1 or 94.1 as it was before its repeal and replacement came into force pursuant to the Motor Vehicle Amendment Act, 1982,
that prior conviction shall be conclusively deemed to be a first conviction for the purpose of determining the punishment to which the person is subject under section 88 or 94.
Historical Note(s): 1982-36-19, proclaimed effective September 1, 1982.
95. (1) A judge of any court, with respect to each conviction made by him for, or each conditional or absolute discharge given by him in respect of,
(a) an offence under this Act or the regulations,
(b) an offence under the Commercial Transport Act or its regulations,
(c) an offence under the Insurance (Motor Vehicle) Act or its regulations,
(d) a motor vehicle related Criminal Code offence,
(e) [Repealed 1985-52-61, effective December 6, 1985 (B.C. Reg. 388/85).]
and every registrar, deputy registrar or court clerk shall immediately send the superintendent a certificate, transcript, copy or record of the conviction.
(2) Every registrar, deputy registrar or court clerk, with respect to each order or judgment of the court in an action for damages resulting from bodily injury to or the death of a person or from damage to property occasioned by or arising out of the ownership, maintenance, operation or use of a motor vehicle, shall immediately send the superintendent a certificate, transcript or certified copy of the order or judgment.
(3) A certificate, transcript, copy or record sent to the superintendent pursuant to subsection (1) is evidence of the conviction, appeal or proceedings to which it refers.
(4) Where a person
(a) is convicted of an offence or given an absolute or conditional discharge, and
(b) is a resident of or has a document from another jurisdiction that allows him to drive a motor vehicle,
the superintendent shall send a certificate, transcript of or certified copy of the person's conviction to the person in charge of the registration of motor vehicles or licensing of drivers in the jurisdiction in which the person resides or from which the person has a document that allows him to drive a motor vehicle, as the case may be.
(5) Where the superintendent has received notice that a person
(a) is or was prohibited from driving a motor vehicle or his right to apply for or obtain a driver's licence is or was suspended under this Act, the Young Offenders (British Columbia) Act, the Young Offenders Act (Canada) or the Criminal Code, and
(b) is a resident of or has a document from another jurisdiction that allows him to drive a motor vehicle,
the superintendent shall send
(c) a notice of the prohibition or suspension containing a brief statement of the reasons for it, and
(d) the document that allows the person to drive a motor vehicle, if it is in the superintendent's possession,
to the person in charge of the registration of motor vehicles or licensing of drivers in the jurisdiction in which the person resides or from which he has a document that allows him to drive a motor vehicle, as the case may be.
Historical Note(s): RS1960-253-88; 1969-20-22 to 27; 1970-28-16; 1972-35-25,26; 1973-6-60; 1973-58-17; 1982-36-20,21, proclaimed effective September 1, 1982; 1984-30-58, effective June 11, 1984 (B.C. Reg. 165/84); 1985-52-61, effective December 6, 1985 (B.C. Reg. 388/85); 1986-19-6, effective December 31, 1986 (B.C. Reg. 299/86); 1989-58-4; 1990-22-13.
96. (1) Where a peace officer has reasonable and probable grounds to believe that a person is driving a motor vehicle while he is prohibited from driving a motor vehicle under this Act, under the Young Offenders (British Columbia) Act, or under the Criminal Code or while his driver's licence or his right to apply for or obtain a driver's licence is suspended, the peace officer shall immediately cause the motor vehicle to be taken to and impounded at a place directed by him for a period of 24 hours.
(2) Subsection (1) does not apply where the peace officer has reasonable and probable grounds to believe that
(a) the motor vehicle is stolen property, or
(b) the impoundment of the motor vehicle may endanger the life or safety of a person or result in damage to property.
(3) The owner or driver of a motor vehicle that is impounded under subsection (1) may remove any cargo or other personal property that is in or on the motor vehicle.
(4) Where a motor vehicle is impounded under subsection (1), the peace officer shall take all reasonable steps to notify the owner of the motor vehicle.
(5) No person shall remove or permit the removal of a motor vehicle from the place where it is impounded under subsection (1) before the end of the 24 hour period unless he is authorized to do so by a peace officer or a court.
(6) All the costs and charges for towing, care and storage of a motor vehicle impounded under subsection (1) are a lien on the motor vehicle, and the lien may be enforced in the manner provided under the Warehouse Lien Act.
Historical Note(s): 1982-36-22, proclaimed effective September 1, 1982; 1985-52-62, effective December 6, 1985 (B.C. Reg. 388/85).
97. (1) Where proof of financial responsibility is required to be given, it shall be given by an insurance certificate issued under the Insurance (Motor Vehicle) Act.
(2) A person who is not a resident of British Columbia, or is the owner or operator of an extraprovincial undertaking in respect of that undertaking, may for the purposes of this part give proof of financial responsibility
(a) as provided in subsection (1); or,
(b) subject to subsection (7), by filing a certificate in a form approved by the superintendent, issued by an insurer authorized to transact automobile insurance in another province, state, territory, district or country.
(3) For the purposes of subsection (2), "extraprovincial undertaking" means a work or undertaking for the transport of passengers or goods by motor vehicle or trailer, connecting the Province with another or others of the provinces of Canada, or extending beyond the limits of the Province.
(4) An insurer who has issued a motor vehicle liability policy to a person entitled under subsection (2) to give proof of financial responsibility shall, at the request of the insured, file with the superintendent a certificate showing the particulars of the policy.
(5) An insurer who files a certificate under subsection (4) shall notify the superintendent of the cancellation of or failure to renew the motor vehicle liability policy for which the certificate was issued at least 10 days before the date of cancellation or failure to renew. Where an insurer fails to notify the superintendent, the policy shall be deemed to remain in full force and effect until a date 10 days after notice is received by the superintendent.
(6) A certificate filed with the superintendent under subsection (2) must be signed by a person authorized by the insurer.
(7) A certificate issued under paragraph (2) (b) by an insurer not authorized to carry on in British Columbia the business of automobile insurance is not effective for the purpose of subsection (2) unless the insurer has filed with the Superintendent of Financial Institutions, in a form established by him,
(a) a power of attorney authorizing the Superintendent of Insurance to accept service of notice or process for itself in any action or proceeding against it arising out of a motor vehicle accident in British Columbia;
(b) an undertaking
(i) to appear in every action or proceeding against it or its insured arising out of a motor vehicle accident in British Columbia, and of which it has knowledge;
(ii) that on receipt from the Superintendent of Insurance of a notice or process served on him in respect of its insured or of its insured and another or others, and sent by the Superintendent of Insurance to it as provided by section 99, it will immediately cause the notice or process to be personally served on its insured; and
(iii) not to set up a defence to a claim, action or proceeding, under a motor vehicle liability policy issued by it, that might not be set up if the policy had been issued in British Columbia in accordance with the law of British Columbia relating to motor vehicle liability policies, and to satisfy up to the limits of liability stated in the policy, and in any event to an amount not less than the limits of liability prescribed under the Insurance (Motor Vehicle) Act for a motor vehicle liability policy, any judgment rendered against it or its insured by a court in British Columbia in the action or proceeding.
Historical Note(s): RS1960-253-91(1 to 4); 1963-27-20; 1969-20-30,31; 1973-6-61; 1974-55-13; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83); 1989-47-380.
98. Where an insurer to which section 97 (2) refers is not authorized to carry on in British Columbia the business of automobile insurance, notice or process in an action or proceeding in British Columbia against it or its insured arising out of a motor vehicle accident in British Columbia may be effectually served on the insurer or the insured, or on both, by leaving 3 copies of the notice or process with the Superintendent of Financial Institutions. If the insurer is not a party to the action or proceeding, the person who leaves with the Superintendent of Financial Institutions the copies of the notice or process shall at the same time leave with him a written statement, signed by the person who issued the notice or process, and stating the full name and address of the insurer against whose insured the action or proceeding is taken.
Historical Note(s): RS1960-253-91(5); 1989-47-380.
99. On receipt of notice or process under section 98, the Superintendent of Financial Institutions shall immediately mail 2 copies by registered mail to the insurer at its address last known to him.
Historical Note(s): RS1960-253-91(6); 1989-47-380.
100. In an action or proceeding against an insurer who has given to the Superintendent of Financial Institutions an undertaking under section 97 (7) (b), the plaintiff may give evidence of the undertaking; and the undertaking shall for all purposes of the action or proceeding be deemed a covenant for valuable consideration made by the insurer with the plaintiff.
Historical Note(s): RS1960-253-91(7); 1989-47-380.
101. If an insurer that has filed the documents described in section 97 (2) defaults under them, certificates of the insurer shall not after that be accepted as proof of financial responsibility so long as the default continues. The superintendent shall immediately notify the Superintendent of Financial Institutions and the proper officer in charge of the registration of motor vehicles and the licensing of drivers in all provinces of Canada and in all states, territories or district in the United States where the certificates of the insurer are accepted as proof of financial responsibility of the default.
Historical Note(s): RS1960-253-91(8); 1989-47-380.
102. (1) Where the owner of a motor vehicle or trailer gives proof of financial responsibility as provided in section 97 (1), the superintendent shall issue and deliver to him either a financial responsibility card to be carried in the vehicle at all times, or a windshield decal or sticker of a design approved by the superintendent to be affixed to the lower part of the right hand side of the windshield of the motor vehicle, which decal or sticker shall be deemed to be a financial responsibility card and proof of financial responsibility for all purposes.
(2) On request of the owner referred to in subsection (1), the superintendent shall issue and deliver to him an additional financial responsibility card or windshield decal or sticker for each motor vehicle of the owner for which proof of financial responsibility is required and included in the certificate of insurance.
(3) A financial responsibility card shall set forth
(a) the name of the person or corporation giving the proof of financial responsibility;
(b) the particulars of the motor vehicle or trailer as set forth in the motor vehicle or trailer licence relative to it issued pursuant to section 3; and
(c) all other particulars required by the superintendent.
(4) A financial responsibility card shall be in a form established by the superintendent.
Historical Note(s): RS1960-253-91(9,10,11); 1963-27-20; 1969-20-32; 1973-6-61; 1976-35-21; 1983-10-21, effective October 26, 1983 (B.C. Reg. 393/83).
103. Where the owner of a motor vehicle to whom the superintendent has issued a financial responsibility card ceases to maintain, as required by this Act, the proof of financial responsibility for which the card was issued, he shall immediately deliver to the superintendent for cancellation the card and all additional cards so issued to him.
Historical Note(s): RS1960-253-91(12).
104. (1) Where a person is insured by the Insurance Corporation of British Columbia under a policy of the type commonly known as a garage and sales agency policy, which insures him against liability for loss or damage to persons or property occasioned by or arising out of the ownership, maintenance, operation or use by him or his employees of a motor vehicle that is either owned by him or in his charge, if, in the opinion of the superintendent, the amount in which he is insured under the policy is adequate to satisfy all such liabilities that he is likely to incur, subject, for each motor vehicle that at any one time may be operated or used by him or his employees, to the limits as to amount and covering those benefits prescribed under the Insurance (Motor Vehicle) Act for a motor vehicle liability policy, the superintendent shall, at the time of issue of the policy, also issue and deliver to the named insured either a financial responsibility card to be carried in the vehicle at all times, or a windshield decal or sticker of a design approved by the superintendent to be affixed to the lower part of the right hand side of the windshield of the motor vehicle, which decal or sticker shall be deemed to be a financial responsibility card and proof of financial responsibility for all purposes. On request of the insured, the superintendent shall issue and deliver to him an additional financial responsibility card or windshield decal or sticker for each motor vehicle of the insured for which proof of financial responsibility is required and included in the certificate of insurance.
(2) A windshield decal or sticker issued under subsection (1) shall be in a form approved by the superintendent.
(3) Where a person to whom a windshield decal or sticker has been issued under subsection (1) ceases to keep in force the policy of insurance for which the windshield decal or sticker was issued, he shall immediately deliver to the superintendent for cancellation the unused decals or stickers issued to him.
Historical Note(s): RS1960-253-91(13,14,17); 1963-27-20; 1969-20-33,34; 1973-6-61; 1976-35-21.
105. (1) Where the Minister of Finance is satisfied a person who has given security under this Act has produced satisfactory proof that he has satisfied all claims arising out of the accident in respect of which security was given, the minister shall return the security to that person.
(2) Where
(a) one year has elapsed since the date of an accident and the driver of a motor vehicle in any manner, directly or indirectly, involved has not been named defendant in an action for damages as a result of the accident; or
(b) judgment in an action for damages resulting from the accident brought against or instituted by the driver has been given in his favour,
the Minister of Finance, on receipt of satisfactory proof of these facts, shall return the security to the person who paid it.
(3) Where the Minister of Finance is unable to locate the person or driver to return the security under this section, he shall pay it into the consolidated revenue fund.
Historical Note(s): 1969-20-36.
108. The provisions of this Act relating to the Traffic Victims Indemnity Fund and the Unsatisfied Judgment Fund, including those relating to actions against the Attorney General as representative of unidentified drivers or owners, do not apply to a cause of action arising after June 30, 1974.
Historical Note(s): 1974-55-14.
[Editorial Note(s): the provisions referred to in this section may be found in the Motor-vehicle Act, R.S.B.C. 1960, c. 253, ss. 103 to 113, as amended.]
109. The superintendent shall, on the written request of a person who submits evidence that he has been injured or his property damaged by a motor vehicle, furnish him with information as to the proof of financial responsibility given by the registered owner of or the person driving or operating that motor vehicle.
Historical Note(s): RS1960-253-116(a).
110. (1) The superintendent shall, on payment of a prescribed fee, furnish a person who requests information with respect to a person as owner, driver or otherwise with an abstract, certified by the superintendent, of the record in his office during the 5 years preceding the request relating to the last mentioned person and setting forth particulars of any conviction, order or judgment made against him under this Act or the Motor-vehicle Act, R.S.B.C. 1948, c. 227, or referred to in this Part or the corresponding sections of the said Motor-vehicle Act, and of any motor vehicle registered in his name.
(2) Subsection (1) shall not be construed as requiring the superintendent to supply an abstract or information to any person other than the person to whom the abstract or information relates, and where an abstract or information is requested by another person, the superintendent may decline to supply it or may supply such parts of it as he considers desirable.
Historical Note(s): RS1960-253-116(b); 1982-36-24, proclaimed effective September 1, 1982; 1985-78-11, effective December 31, 1986 (B.C. Reg. 297/86).
111. The superintendent may delegate all or any of the powers conferred on him under this Act or under the Offence Act.
Historical Note(s): RS1960-253-117; 1979-22-32; 1990-22-14.
113. A Superintendent of Motor Vehicles, a Deputy Superintendent of Motor Vehicles and other officers, clerks and employees necessary to carry out the purposes of this Act shall be appointed in accordance with the Public Service Act.
Historical Note(s): RS1960-253-119.
Contents | Part 1 | Part 2 | Part 3 | Part 4
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