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B.C. Reg. 26/58
O.C. 1004/58
This consolidation is current to March 5, 2024.
See the Cumulative B.C. Regulations Bulletin 2023 and
Cumulative B.C. Regulations Bulletin 2024
for amendments effective after March 5, 2024.
Link to consolidated regulation (PDF)
Link to Point in Time

Motor Vehicle Act

Motor Vehicle Act Regulations

[Last amended November 27, 2023 by B.C. Reg. 244/2023]

Division 26

Repealed

26.01-
26.011
 

Repealed. [B.C. Reg. 584/77.]

Repealed

26.02-
26.03
 

Repealed. [B.C. Reg. 204/80, s. (a).]

Repealed

26.04-
26.10
 

Repealed. [B.C. Reg. 118/2012.]

Division 27 — Driver Training

Definitions

27.01   In this Division:

"approved driver education course" means a driver education course that is approved by the Insurance Corporation of British Columbia under section 25 (8.1) (a) of the Act;

"driver training institute" means a driver training school that is

(a) a vocational training school operated by the government, or

(b) a college or institute under the College and Institute Act or the Institute of Technology Act, a university, an independent school under the Independent School Act or a school under the School Act providing driver training to students;

"driver training instructor" means a person who teaches the driving or operation of a motor vehicle, but does not include a person who provides this instruction

(a) without expectation of compensation or other consideration,

(b) for off-highway, racetrack or closed circuit driving, or

(c) as an employee to other employees of the same employer;

"driver training school" means a person or organization that provides to individuals a program of training or education in driving or operating motor vehicles, in expectation of compensation from those individuals, but does not include

(a) a person or organization that provides instruction for off-highway, racetrack or closed circuit driving,

(b) a person who, as an employee, provides this instruction to other employees of the same employer, or

(c) a person who, under contract to an employer, provides this instruction to employees of the employer;

"instructor trainer" means a person who teaches a course of training or education for practical driver training or theoretical driver training, or both, to qualify a person for a driver training instructor's licence;

"instructor training facility" means a person or other entity approved by the Insurance Corporation of British Columbia to provide a course of training or education for practical driver training or theoretical driver training, or both, to qualify a person for a driver training instructor's licence;

"operator" means a person who directs, manages or is in charge of a driver training school or a driver training institute;

"practical driver training" means driver training conducted in or around a motor vehicle;

"retraining" means training about the operation of a motor vehicle for a person who holds a driver's licence or for a person who wishes to re-qualify for a driver's licence;

"theoretical driver training" means driver training conducted

(a) in a classroom setting,

(b) through a method of instruction that relies on indirect communication between students and a driver training instructor,

(c) over the internet or through another electronic method, or

(d) a combination of methods described in paragraphs (a) to (c).

[en. B.C. Reg. 354/94; am. B.C. Regs. 317/96, s. 1; 229/98, s. 1; 257/98, App. 1, s. 1; 53/2008, s. 1; 100/2021, Sch. 1, s. 2.]

Application

27.02   Section 27.04 (1) and section 27.05 do not apply to a driver training institute.

[en. B.C. Reg. 354/94.]

Penalties

27.03   (1) A person or institute that contravenes any of the following provisions commits an offence and is liable to a fine of not more than $2 000:

(a) section 27.04 (1), (2), (7) or (8);

(b) section 27.05 (1);

(c) section 27.06 (1), (2), (3), (4), (9) or (11);

(d) section 27.071 (2);

(e) section 27.08 (3), (4) or (5);

(f) section 27.09 (1), (2), (4) or (9);

(g) section 27.10 (2) (a), (b), (d), (e), (f), (3) or (4).

(2) If a corporation commits an offence under this section, an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence commits an offence.

(3) The Insurance Corporation of British Columbia may suspend, cancel or refuse to issue or renew a driver training school licence or driver training instructor's licence for any of the following reasons:

(a) the licensee engages in fraudulent, deceptive or unconscionable practices in the operation of a driver training school, in the conduct of driver training or in applying for a licence;

(b) the licensee aids, abets or counsels fraudulent practices by an applicant to obtain a driver's licence of any classification or driver training instructor's licence of any classification or to requalify for a driver's licence or driver training instructor's licence;

(c) the licensee fails to maintain or provide to the Insurance Corporation of British Columbia the records required under this Division;

(d) the licensee is convicted under the Criminal Code of an offence that is

(i) punishable by imprisonment for 5 years or more,

(ii) an offence that is sexual or indecent,

(iii) an offence of violence, or

(iv) an offence of operating, care or control of a motor vehicle,

or, in a jurisdiction outside of Canada, of an analogous offence;

(e) failure of the applicant or licensee to comply with any requirement of this Division;

(f) the licensee teaches, or permits a student to be taught, the knowledge tests administered by the Insurance Corporation of British Columbia, or possesses these tests, without the consent of the Insurance Corporation of British Columbia.

(3.1) If a licensee is charged with an offence referred to in subsection (3) (d), the Insurance Corporation of British Columbia may suspend or delay the issue or renewal of a driver training school licence or driver training instructor's licence pending the outcome of the proceeding for the offence in order to determine whether it should act under subsection (3) (d) at that later date.

(4) The Insurance Corporation of British Columbia may suspend, cancel or refuse to issue or to renew a driver training school licence on conviction of the owner, or a person directly interested in the driver training school's business, of an offence concerning dishonesty, violence or indecency, or on cancellation of a licence of an employee of the driver training school for dishonesty, violence or indecency authorized or condoned by the owner or operator of the driver training school.

(5) The Insurance Corporation of British Columbia must not cancel a licence under this Division until the holder is first given an opportunity to show cause why cancellation is not warranted.

(6) If a licence is cancelled or suspended under this Division, the licensee must deliver the licence to the Insurance Corporation of British Columbia within 10 days.

[en. B.C. Reg. 354/94; am. B.C. Regs. 317/96, s. 1; 108/97, ss. 1 and 2; 413/97, App. 1, s. 20; 354/2010, Sch., s. 1; 338/2012, Sch. 2, s. 1; 64/2017, s. (a); 100/2021, Sch. 1, s. 3; 306/2021, s. 1.]

Licensing

27.04   (1) No person or body may act as or be held out as being a driver training school except the holder of a valid and subsisting driver training school licence issued under this Division.

(2) No person may act, or purport to act, as a driver training instructor unless the person is the holder of a valid and subsisting driver training instructor's licence issued under this Division.

(3) The Insurance Corporation of British Columbia must cause a driver training school licence, or a driver training instructor's licence, to be issued to an applicant on being satisfied that the applicant has met the qualifications set out in this Division and has paid the fee prescribed in the Motor Vehicle Fees Regulation.

(4) A driver training school licence must be issued for a period ending at midnight on the last day of the 11th month following the month of issuance, and any duplicate of it expires at the same time as the original.

(5) A driver training instructor's licence must be issued for a period ending at midnight on the last day of the 23rd month following the month of issuance, and any duplicate of it expires at the same time as the original.

(6) The Insurance Corporation of British Columbia may refuse to issue a driver training school licence or a driver training instructor's licence if the applicant is indebted to the government or to the Insurance Corporation of British Columbia.

(7) A driver training school must apply for a driver training school licence for each place of business at which driver training is conducted.

(8) If the name of a licensee is changed the licensee must apply for a duplicate licence within 10 days and must submit proof satisfactory to the Insurance Corporation of British Columbia of the change of name.

[en. B.C. Reg. 354/94; am. B.C. Regs. 317/96, s. 1; 64/2021, s. 8.]

Driver training school and instructor training facility security

27.05   (1) Every driver training school and instructor training facility must furnish and maintain security with the Insurance Corporation of British Columbia under the Bonding Act and in accordance with this section.

(2) If a driver training school provides one or more driver education courses for a Class 1, 2, 3 or 4 driver's licence or for an endorsement to operate vehicles equipped with air brakes, the security maintained by the driver training school for the courses must equal $3 500 for each full time or part time instructor employed or retained by the school to provide one or more of those driver education courses.

(3) If a driver training school provides one or more driver education courses of a type not referred to in subsection (2), the security maintained by the driver training school for the courses must equal $2 000 for each full time or part time instructor employed or retained by the school to provide one or more of those driver education courses.

(4) For an instructor training facility the security must equal $3 500 for each full time or part time instructor employed or retained by the facility to provide instructor training courses.

(5) If a driver training school or instructor training facility provides courses referred to in more than one subsection of subsections (2) to (4), the security maintained by the person or organization must be the higher of the amounts required under the applicable subsections.

(6) The security for a driver training school or instructor training facility referred to in subsection (1) must be furnished to the Insurance Corporation of British Columbia in advance for each driver training instructor employed or retained by

(a) the driver training school during the term of the driver training school licence, or

(b) the instructor training facility for each calendar year.

(7) The security required under subsection (1) may be in any of the following forms:

(a) cash;

(b) a bond of a person authorized under the Financial Institutions Act to carry on insurance business;

(c) a term deposit for up to 3 years registered in the name of the Insurance Corporation of British Columbia.

(8) A driver training school that provides only driver education courses of a type not referred to in subsection (2) and an instructor training facility referred to in subsection (4) are not required to maintain security in excess of $10 000.

(9) The highest amount of security established during the term of the licence for a driving training school or during the calendar year for an instructor training facility must not be allowed to decrease.

[en. B.C. Reg. 53/2008, s. 2; am. B.C. Reg. 204/2011, Sch. B, s. 8.]

Standards and obligations of driver training schools

27.06   (1) A driver training school must post and keep posted in a conspicuous place in each place of business

(a) Repealed. [B.C. Reg. 228/2004, s. (a).]

(b) the driver training school licence, and

(c) the driver training instructor's licence issued to each instructor employed by or under contract to provide driver training at the school.

(2) A driver training school must provide a written statement to each student, before commencement of training and before the payment of any fees, disclosing all of the following:

(a) the name and address of the driver training school;

(b) the fees for enrollment, tuition, services, equipment and vehicle rentals;

(c) the extra charges that might be incurred by that student;

(d) how many persons can be in the driver training school vehicle during the student's lesson time and their reason for being in the vehicle;

(e) the actual amount of practice driving time the student will receive during each lesson;

(f) the actual fee for each lesson;

(g) the refund policies of the driver training school.

(3) A driver training school must provide to each person to whom driver training is supplied a written itemized statement of services provided or rental charged and a receipt for each payment made.

(4) A driver training school must maintain records as required by the Insurance Corporation of British Columbia, including but not limited to the following, for a period of 6 years if the record was created on or after June 1, 2021 or a period of 3 years if the record was created before June 1, 2021:

(a) records of students trained, including each student's name, driver's licence number, class of driver's licence, date, time and length of each lesson, name of instructor of each lesson, subject taught, type of training and fee charged for each lesson;

(b) in respect of a mandatory entry-level training course,

(i) a record, in the form specified by the corporation, of each student's practical assessments and theoretical assessments,

(ii) a record, in the form specified by the corporation, of students who have successfully completed a mandatory entry-level training course, and

(iii) a record, in the form specified by the corporation, of students who have been issued a declaration of completion;

(c) records of each instructor employed or contracted, including the instructor's name, class of driver's licence, driver's licence number, a copy of the driver training instructor's licence and dates of any refresher training completed by the driver training instructor;

(d) records of all vehicles used for driver training, including a copy of each vehicle's registration and proof of insurance coverage.

(4.1) A driver training school that provides a mandatory entry-level training course must issue a declaration of completion, in the form specified by the Insurance Corporation of British Columbia, to a student who successfully completes a mandatory entry-level training course.

(4.2) The Insurance Corporation of British Columbia may, with notice, cancel a declaration of completion if any of the following occurs:

(a) the declaration was issued to a person despite the person not satisfying a requirement for the issuance of the declaration;

(b) the declaration of completion was issued in error;

(c) the declaration of completion was issued with an error in the information on the declaration.

(4.3) If a declaration of completion is cancelled in accordance with subsection (4.2) (c), the driver training school that issued the cancelled declaration of completion must issue a corrected declaration of completion.

(5) A driver training school must, during regular business hours and all other reasonable times, permit the Insurance Corporation of British Columbia or designate to

(a) visit premises used for the operation of the driver training school,

(b) examine all records and other material and equipment used for the operation of the driver training school,

(b.1) inspect vehicles used for the operation of the driver training school,

(c) attend and monitor the conduct of driver training lessons, and

(d) copy records and other material pertaining to the operation of the driver training school.

(6) A driver training school must not employ a person to conduct driver training on its behalf if the person does not hold a valid and subsisting driver training instructor's licence.

(7) A driver training school must return the driver training school licence to the Insurance Corporation of British Columbia within 10 days of ceasing to carry on business as a driver training school.

(8) A driver training school must maintain a registered office in British Columbia at which all communications and notices may be served and at which records of the driver training school must be maintained.

(9) If the address of the registered office of a driver training school is changed, the driver training school must notify the Insurance Corporation of British Columbia in writing within 10 days of the change.

(10) A driver training school must, within 10 days of receipt of a request from the Insurance Corporation of British Columbia and in the form requested, update or provide further details as specified in the request concerning

(a) information provided at the time application was made for the school's driver training school licence, or

(b) records respecting the operation of the driver training school that the driver training school is required to maintain under this Division.

(11) A driver training school must return the driver training instructor's licence to a licensee immediately on ceasing to employ the licensee.

(12) A driver training school must use driver training course curriculum, facilities and equipment acceptable to the Insurance Corporation of British Columbia.

(13) Repealed. [B.C. Reg. 228/2004, s. (d).]

[en. B.C. Reg. 354/94; am. B.C. Regs. 317/96, s. 1; 228/2004, ss. (a) to (d); 100/2021, Sch. 1, s. 4.]

Instructor training facilities

27.061   An instructor training facility must, during regular business hours and all other reasonable times, permit the Insurance Corporation of British Columbia or designate to

(a) visit premises used for the operation of the instructor training facility,

(b) examine all records and other material and equipment used for the operation of the instructor training facility,

(c) inspect vehicles used for the operation of the instructor training facility,

(d) attend and monitor the conduct of instructor training courses, and

(e) copy records and other material pertaining to the operation of the instructor training facility.

[en. B.C. Reg. 100/2021, Sch. 1, s. 5.]

Standards, qualifications and procedures for driver training instructor's licence applications

27.07   (1) An applicant for a driver training instructor's licence must

(a) have a driving record acceptable to the Insurance Corporation of British Columbia that shows less than 10 demerit points within the past 2 years, and no convictions under the Criminal Code concerning driving of a motor vehicle or convictions in any other jurisdiction for offences similar to those under the Criminal Code, as determined by the Insurance Corporation of British Columbia, concerning driving of a motor vehicle for 3 years before the application,

(b) provide a police check acceptable to the Insurance Corporation of British Columbia, and the application may be rejected if the police check indicates a conviction for an offence involving dishonesty, violence or indecency within the past 5 years,

(c) provide proof of driving experience and qualification acceptable to the Insurance Corporation of British Columbia indicating that

(i) if the application is for a Class 1 driver training instructor's licence for practical driver training or theoretical driver training, the applicant

(A) holds a British Columbia Class 1 driver's licence,

(B) has held a British Columbia Class 1 driver's licence, or a similar driver's licence from another jurisdiction, as determined by the Insurance Corporation of British Columbia, for at least 3 years,

(C) has held any class of driver's licence that is not a learner's licence for at least 5 years,

(D) has successfully completed an instructor training course to teach the Class 1 mandatory entry-level training course, and

(E) if the application is for a Class 1 driver training instructor's licence for theoretical driver training, the applicant must hold a Class 1 driver training instructor's licence for practical driver training,

(i.1) if the application is for a Class 2 or 3 driver training instructor's licence for practical driver training or only theoretical driver training, the applicant

(A) holds a British Columbia Class 1, 2 or 3 driver's licence,

(B) has held that licence, or a similar driver's licence from another jurisdiction, as determined by the Insurance Corporation of British Columbia, for at least 3 years,

(C) has held any class of driver's licence that is not a learner's licence for at least 5 years,

(D) if the application is for a Class 2 driver training instructor's licence for theoretical driver training, the applicant must hold a Class 2 driver training instructor's licence for practical driver training, and

(E) if the application is for a Class 3 driver training instructor's licence for theoretical driver training, the applicant must hold a Class 3 driver training instructor's licence for practical driver training,

(ii) if the application is for a Class 4 driver training instructor's licence for practical driver training, the applicant has a Class 4 British Columbia driver's licence and has held a Class 4 or 5 driver's licence, or a similar driver's licence from another jurisdiction, as determined by the Insurance Corporation of British Columbia, for at least 3 years,

(iii) if the application is for a Class 5 or 7 driver training instructor's licence for practical driver training, the applicant has a British Columbia driver's licence and has held a British Columbia Class 5 driver's licence, or a similar driver's licence from another jurisdiction, as determined by the Insurance Corporation of British Columbia, for at least 3 years,

(iv) if the application is for a Class 6 or 8 driver training instructor's licence for practical driver training, the applicant has a British Columbia Class 6 driver's licence and has held one, or a similar driver's licence from another jurisdiction, as determined by the Insurance Corporation of British Columbia, for at least 3 years,

(v) if the application is for a driver training instructor's licence for theoretical driver training, the applicant has, for at least 3 years, held a British Columbia driver's licence or a similar driver's licence from another jurisdiction, as determined by the Insurance Corporation of British Columbia, and

(vi) if the application is for a driver training instructor's licence to teach an approved driver education course, the applicant has a British Columbia Class 5 or 6 driver training instructor's licence,

(d) be at least 19 years of age and be the holder of a valid and subsisting British Columbia driver's licence of a class permitting operation of the class or type of vehicle for which the applicant intends to provide practical driver training, and

(e) file a medical report acceptable to the Insurance Corporation of British Columbia, if

(i) the application is for a driver training instructor's licence for practical driver training, and

(ii) the applicant did not hold a valid driver training instructor's licence for practical driver training within 24 months of the date of application.

(2) Repealed. [B.C. Reg. 228/2004, s. (d).]

(3) An instructor training facility must not accept an applicant for training unless the applicant meets the standards and qualifications specified in this section, except the qualification referred to in section 27.07 (1) (c) (i) (D).

(4) On acceptance by the instructor training facility, the applicant must complete an approved driver training instructor training course, and qualify on examinations, as required by the Insurance Corporation of British Columbia.

(5) Subsection (4), other than the requirements under that subsection concerning examinations, does not apply if the applicant presents proof of equivalent training acceptable to the Insurance Corporation of British Columbia.

[en. B.C. Reg. 354/94; am. B.C. Regs. 317/96, s. 1; 413/97, App. 1, s. 2; 229/98, ss. 2 and 3; 257/98, App. 1, s. 2; 228/2004, ss. (d) and (e); 338/2012, Sch. 2, s. 2; 64/2017, ss. (a) and (b); 100/2021, Sch. 1, s. 6.]

Instructor training facility records

27.071   (1) In this section, "student" means a student participating in a driver training instructor course for a driver training instructor's licence.

(2) An instructor training facility must maintain records as required by the Insurance Corporation of British Columbia, including but not limited to the following, for a period of 6 years:

(a) records of students trained, including each student's name, driver's licence number, class of driver's licence, date, time and length of each course, subject taught, type of training and fee charged for each course;

(b) in respect of an instructor training course to teach a mandatory entry-level training course,

(i) a record, in the form specified by the corporation, of each student's practical assessments and theoretical assessments, and

(ii) a record, in the form specified by the corporation, of students who have successfully completed an instructor training course to teach a mandatory entry-level training course;

(c) records of each instructor trainer employed or contracted, including the instructor trainer's name, class of driver's licence, driver's licence number, a copy of the instructor trainer's licence and dates of any refresher training completed by the instructor trainer;

(d) records of all vehicles used for instructor training, including a copy of each vehicle's registration and proof of insurance coverage.

[en. B.C. Reg. 100/2021, Sch. 1, s. 7.]

Obligations of driver training instructor

27.08   (1) A driver training instructor must

(a) have a driving record acceptable to the Insurance Corporation of British Columbia that shows less than 10 demerit points within the past 2 years, and no convictions under the Criminal Code concerning driving a motor vehicle or convictions in any other jurisdiction for offences analogous to those under the Criminal Code concerning driving a motor vehicle, within the past 3 years,

(b) provide, on request, a police check acceptable to the Insurance Corporation of British Columbia, and if the police check indicates a conviction for an offence described in section 27.03 (3) (d) the Insurance Corporation of British Columbia may suspend, cancel or refuse to issue or renew the driver training instructor's licence, and

(c) provide, on request, a medical report acceptable to the Insurance Corporation of British Columbia if the driver training instructor's licence permits the conduct of practical driver training.

(1.1) If a driver training instructor is charged with an offence referred to in subsection (1) (b), the Insurance Corporation of British Columbia may delay acting under subsection (1) (b) pending the outcome of the proceeding for the offence in order to determine whether it should act under subsection (1) (b) at that later date.

(2) A driver training instructor must complete training courses and qualify on examinations or re-examinations from time to time as may be required by the Insurance Corporation of British Columbia.

(3) A driver training instructor must provide the driver training instructor's licence to the driver training school at which the driver training instructor is employed or is under contract to provide driver training.

(4) A driver training instructor must not provide driver training to an individual who is not enrolled at the driver training school at which the driver training instructor is employed.

(5) A driver training instructor or driver training school must not provide practical driver training to a person who does not have a driver's licence.

(6) A driver training instructor conducting practical driver training must hold a valid current British Columbia driver's licence of the appropriate classification.

(7) A driver training instructor must use driver training course curriculum acceptable to the Insurance Corporation of British Columbia.

[en. B.C. Reg. 354/94; am. B.C. Regs. 317/96, s. 1; 108/97, ss. 3 and 4; 413/97, App. 1, s. 2; 229/98, s. 3; 338/2012, Sch. 2, s. 3.]

Driver training vehicles

27.09   (1) Vehicles used by a driver training school or driver training instructor for the training of persons who wish to obtain a Class 5 or 7 driver's licence must have

(a) dual brake pedals,

(b) dual clutch pedals for manual transmission vehicles,

(c) a rear view mirror firmly mounted so as to give the instructor a clear and unobstructed view of the highway to the rear of the vehicle and separate from mirrors that the vehicle was originally equipped with when manufactured, and

(d) the words "student driver" in legible printed upper case letters not less than 50 mm high with the lettering and background colours in contrasting shades displayed on the top or rear of the vehicle and visible to the rear.

(e) Repealed. [B.C. Reg. 228/2004, s. (f).]

(2) Vehicles owned or leased by a driver training school or driver training instructor and in use for the training of drivers who wish to obtain a Class 4 driver's licence must have

(a) the words "student driver" in legible printed upper case letters not less than 50 mm high with the lettering and background colours in contrasting shades displayed on the top or rear of the vehicle and visible to the rear.

(b) Repealed. [B.C. Reg. 228/2004, s. (f).]

(3) Repealed. [B.C. Reg. 228/2004, s. (f).]

(4) Vehicles, including towed vehicles, used by a driver training school or driver training instructor for training of drivers who wish to obtain a Class 1, 2, or 3 driver's licence must have

(a) the words "student driver" in legible printed upper case letters not less than 75 mm high with the lettering and background colours in contrasting shades displayed on the top or rear of the vehicle and visible to the rear.

(b) Repealed. [B.C. Reg. 228/2004, s. (f).]

(5) Repealed. [B.C. Reg. 228/2004, s. (f).]

(6) Vehicles used for driver training must meet inspection standards in Division 25.

(7) A private vehicle that is used for training of persons with disabilities who wish to obtain a Class 5 or 7 driver's licence and that has modifications to its controls in order to be operated is exempt from the requirements of this section other than subsection (1) (d).

(8) Vehicles used for retraining are exempt from the requirements of this section.

(9) A driver training school or driver training instructor must not provide Class 6 or 8 motorcycle practical driver training to a student on a highway if the student is not wearing a reflective vest of a type acceptable to the Insurance Corporation of British Columbia.

[en. B.C. Reg. 354/94; am. B.C. Regs. 317/96, s. 1; 229/98, s. 3; 257/98, App. 1, s. 3; 228/2004, s. (f).]

Other requirements

27.10   (1) Repealed. [B.C. Reg. 228/2004, s. (f).]

(2) A driver training school, its operators, agents or employees, or a driver training instructor, must not

(a) represent themselves as a representative, agent or employee of the government,

(b) solicit business in an office of the Insurance Corporation of British Columbia or its authorized agents,

(c) engage in false, deceptive or misleading advertising or make a false, deceptive or misleading statement,

(d) state or imply that issuance of a driver's licence is guaranteed on completion of the driver training provided,

(e) advertise, state or imply that the school or its employees are approved, supervised, recommended or endorsed by the Insurance Corporation of British Columbia or the government, except that

(i) the words "licensed under the Motor Vehicle Act" may be used,

(ii) in the case of a licensed driver training school, the words "licensed as a driver training school under the Motor Vehicle Act" may be used,

(iii) in the case of a licensed driver training instructor, the words "licensed as a driver training instructor under the Motor Vehicle Act" may be used,

(iv) in the case of an approved driver education course, the words "driver education course approved by the Insurance Corporation of British Columbia" or "driver education course approved by ICBC" may be used, and

(v) in the case of a mandatory entry-level training course, the words "mandatory entry-level training course approved by the Insurance Corporation of British Columbia", "mandatory entry-level training course approved by ICBC" or "MELT course approved by ICBC" may be used, or

(f) advertise, or cause advertising to be issued, which does not contain the name of the driver training school or, in the case of a driver training instructor, the name of the driver training instructor.

(g) Repealed. [B.C. Reg. 228/2004, s. (f).]

(3) In respect of a mandatory entry-level training course, a driver training school, its operators, agents, employees or contractors, or a driver training instructor, must not

(a) represent to the Insurance Corporation of British Columbia that a person

(i) has successfully completed a practical assessment or theoretical assessment if the person has not,

(ii) has successfully completed a mandatory entry-level training course if the person has not, or

(iii) has been issued a declaration of completion if the person has not,

(b) alter or issue a record of an assessment conducted for the purposes of a mandatory entry-level training course to indicate that a person has successfully completed the assessment if the person has not, or

(c) alter or issue a declaration of completion to indicate that a person has successfully completed a mandatory entry-level training course if a person has not.

(4) A person must not alter, falsify or manufacture a declaration of completion.

[en. B.C. Reg. 354/94; am. B.C. Regs. 317/96, s. 5; 413/97, App. 1, s. 21; 229/98, s. 4; 228/2004, s. (f); 100/2021, Sch. 1, s. 8; 306/2021, s. 2.]

Driver training course curriculum

27.11   The Insurance Corporation of British Columbia may set policy guidelines for the conduct of courses of driver training and the training of driver training instructors, including curriculum, facilities and equipment, and may monitor the conduct of courses for licensees under this Division.

[en. B.C. Reg. 354/94; am. B.C. Reg. 317/96, s. 1.]

Division 28 — Point System

Point penalties on driving record

28.01   If a person is convicted of an offence, the Insurance Corporation of British Columbia must record on the driving record of that person the number of point penalties for that offence as set out in the Schedule to this Division.

[en. B.C. Reg. 413/97, App. 1, s. 22; am. B.C. Reg. 59/2016, App. 2, s. 1.]

Repealed

28.02   Repealed. [B.C. Reg. 107/2016, s. 1.]

Repealed

28.03   Repealed. [B.C. Reg. 26/58, s. 28.03 (2).]

Schedule

[en. B.C. Reg. 389/85; am. B.C. Regs. 274/86, Sch. 3, s. 1; 49/87, Sch. 2; 374/87, Sch. 2; 427/87; 428/87; 472/88; 257/98, App. 1, s. 4; 178/2000, s. 1; 173/2005, s. (b) (ii); 148/2009, s. 1; 177/2009, s. 2; 308/2009, Sch. 3; 97/2012, App. 2, s. 1; 187/2014; 116/2015, App. 1; 107/2016, ss. 2 and 3; 206/2018, ss. 2 and 3; 255/2018, App. ss. 2 and 3; 235/2021, Sch. 1, s. 2; 76/2022, s. 11.]

Table 1

For breaches listed in this table, the number of point penalties recorded shall be 2.

Motor Vehicle ActDescription of Offence
1Section 121 Driving maintenance or construction vehicle without due regard for safety
2Section 123 Fail to obey police direction
3Section 125 Disobey traffic control device
4Section 127 (1) (a) (ii) Fail to yield to pedestrian
5Section 127 (1) (a) (iii) Fail to yield to vehicle
6Section 128 (1) (a) Yellow light at intersection
6.1Section 128 (1) (a) Yellow light, intersection — no stop before intersection
7Section 128 (2) (a) Yellow light — no intersection
8Section 129 (1) Red light at intersection
9Section 129 (3) Fail to yield — right turn — red light
10Section 129 (4) (b) Fail to yield — left turn — red light
11Section 129 (5) (a) Red light — no intersection
12Section 130 (1) (a) Disobey green arrow
13Section 130 (1) (a) Fail to yield on green arrow
13.1Section 130 (2) (a) (i) Fail to stop — yellow arrow — crosswalk
13.2Section 130 (2) (a) (ii) Fail to stop — yellow arrow — intersection
13.3Section 130 (2) (b) Fail to yield — yellow arrow — pedestrian
14Section 131 (1) (a) Flashing red light at intersection
15Section 131 (2) (a) Flashing red light — no intersection
16Section 131 (3) (a) Yellow flashing light at intersection
17Section 131 (4) (a) Yellow flashing light — no intersection
18Section 131 (5) (a)Fail to yield at green flashing light
19Section 134Failing to obey lane direction control signal
20Section 143 Drive over newly painted lines
21Section 151 (a)Unsafe lane change
22Section 151 (b)Lane change solid line
23Section 151 (c) Change lanes without signal
24Section 151 (d)Left turn from wrong lane
25Section 151 (e)Right turn from wrong lane
26Spent
27Section 151 (f)Illegal pass on laned roadway
28Section 151 (g)Slow moving in wrong lane
29Section 158 (1)Pass on right
30Section 158 (2) (a) Unsafe pass on right
31Section 158 (2) (b) Pass on right off roadway
32Section 161 Disobey traffic sign or signal
33Section 166 Improper left turn — no intersection
34Section 167 Improper right turn — no intersection
35Section 168 (a) Unsafe U-turn
36Section 168 (b) (iii)Prohibited U-turn
36.1Section 168 (b) (iv)U-turn — intersection
36.2Section 168 (b) (v)U-turn — business district
37Section 169 Unsafe start
38Section 170 (1) No signal on turn
39Section 170 (2) Inadequate signal on turn
40Section 170 (3) Fail to signal stop or decrease in speed
41Section 171 (2) Drive vehicle without signal device
42Section 172 (2) No proper signalling equipment for right-hand drive vehicle
43Section 173 Fail to yield at uncontrolled intersection
44Section 173 Disobey yield sign
45Section 174 Fail to yield on left turn
46Section 174 Fail to yield to left turn vehicle
47Section 175 (1) Fail to yield after stop
48Section 175 (2) Fail to yield to vehicle leaving stop
49Section 176 (1) Emerging vehicle fail to stop
50Section 176 (2) Emerging vehicle fail to yield
51Section 181 Failing to exercise duty to pedestrian
52Section 185 (1) Fail to stop at railway crossing
53Section 185 (1) Leave railway crossing unsafely
54Section 185 (2) Drive past railway crossing gate
55Section 185 (4) (e) Commercial vehicle — no stop at railway
56Section 185 (5) Fail to proceed with caution at railway crossing
57Section 193 Reverse into intersection
58Section 193 Reverse when unsafe
59Section 194 (1) Operate motorcycle — not on seat
60Section 194 (4) (a) Permit passenger under 16 to be unlawfully seated
61Section 194 (10) Operate motorcycle more than 2 abreast
62Section 196 Improper operation of vehicle on canyon defile or on mountain road
63Section 197 Coasting down grade illegally
64Section 198 Follow fire truck too closely
65Section 198 Park near fire truck
66Section 199 Drive over fire hose
67Section 200 Drive on sidewalk
68Section 203 (1) Open door while unsafe
aSection 155 (f) of R.S.B.C. 1979, c. 288 was repealed by 1985-78-13.

Table 2

For breaches listed in this table, the number of point penalties recorded shall be 3.

Motor Vehicle ActDescription of Offence
1Section 24 (1) No driver's licence
2Repealed. [B.C. Reg. 107/2016, s. 2.]
3Section 25 (15) Drive contrary to driver's licence restriction
Item 3 does not apply to an offence for violating a specific driver's licence requirement,
restriction or condition that is set out in another item in a table to the Schedule.
4Section 68 Failing to fulfill duty of driver involved in accident
5Section 73 (1) Fail to stop for police
6Section 73 (2) Fail to state name and address
7Section 140 Disobey construction signs
8Section 141 Disobey flagger
9Section 144 (1) (c) Speed relative to conditions
10Section 145 (1) Slow driving
11Section 146 (1) Speed in municipality
12Section 146 (1) Speed outside municipality
13Section 146 (3) Speed against highway sign
14Section 146 (5) Speed against area sign
15Section 146 (7) Speed against municipal sign
16Section 146 (11) Speed on municipal lane
17Section 147 (1) Speed in school zone
18Section 147 (2) Speed in playground zone
18.1Section 148 (1) Excessive speed
19Section 149 Fail to stop for school bus
20Section 150 (1) Fail to keep right
21Section 150 (2) Slow vehicle not on right
22Section 150 (3) Fail to keep right of rotary traffic island
22.1Section 151.1 (3)Improper use of leftmost lane
23Section 154 Passing when meeting oncoming vehicle
24Section 155 (1) (a) Cross solid double line
25Section 155 (1) (b) (i) Fail to keep right of double broken/solid line
26Section 155 (1) (b) (ii) Cross solid broken line
27Section 155 (1) (c) Fail to keep right of single broken or solid line
28Section 157 (1) (a) Fail to pass at safe distance
29Section 157 (1) (b) Fail to complete pass safely
30Section 157 (2) (a) Fail to yield to passing vehicle
31Section 157 (2) (b) Increase speed while being passed
32Section 159 Unsafe pass on left
33Section 160 Pass without clear view
34Section 162 (1) Follow too closely
35Section 162 (2) Commercial vehicle — follow too closely
36Section 162 (3) Fail to leave sufficient space between vehicles for passing purposes
37Section 163 (a) Drive over highway divider
38Section 163 (b) Fail to keep right on divided highway
39Section 164 (1) Enter controlled access highway
40Section 164 (2) Leave controlled access highway
41Section 165 (5) Improper turn at intersection
42Section 177 Fail to yield for emergency vehicle
43Section 179 (1) Fail to yield to pedestrian
44Section 179 (3) Pass vehicle yielding for pedestrian
45Section 179 (4) Disobey school guard
46Section 179 (4) Disobey school patrol
47Section 186 Disobey stop sign
48Section 195 (1) (a) Drive while control obstructed
49Section 195 (1) (b) Drive while view obstructed
50Section 195 (2) Obstruct driver
50.1 and 51 Repealed. [B.C. Reg. 107/2016, s. 2.]
Motor Vehicle Act RegulationsDescription of Offence
1Section 7A.01Unnecessary noise
2Section 47.02 Fail to slow down or move over near stopped official vehicle

Table 2.1

For breaches listed in this table, the number of point penalties recorded shall be 4.

Motor Vehicle ActDescription of Offence
1Section 214.2 (1)Use an electronic device while driving
2Section 214.2 (2)Email or text while driving
Motor Vehicle Act RegulationsDescription of Offence
1 and 2 Repealed. [B.C. Reg. 235/2021, Sch. 1, s. 2.]

Table 3

For breaches listed in this table, the number of point penalties recorded shall be 6.

Motor Vehicle ActDescription of Offence
1Section 144 (1) (a) Careless driving
2Section 144 (1) (b) Driving without reasonable consideration
Criminal CodeDescription of Offence
1Section 253 (3) (b)Operation of motor vehicle with blood drug concentration in prescribed range
2Section 320.14 (4)Operation of motor vehicle and having blood drug concentration in prescribed range

Table 4

For breaches listed in this table, the number of point penalties recorded shall be 10.

Motor Vehicle ActDescription of Offence
1Section 90.4 Driving while suspended
2Section 95 Driving while prohibited or suspended
3Repealed. [B.C. Reg. 257/98, App. 1, s. 4.]
4Section 100 Failing to stop for peace officer
5Section 102 Driving while prohibited or suspended
6Section 103 Driving while suspended
7Section 224 Driving with more than 80 milligrams of alcohol in blood
8Section 226 Refusal to give blood sample
9Section 234 (1) Driving while suspended
Criminal CodeDescription of Offence
1Section 220 Causing death by criminal negligence
2Section 221 Causing injury by criminal negligence
3Section 233 (1) Criminal negligence
4Section 233 (2) Failing to fulfill duty of person having care, charge or control of
vehicle involved in accident
5Section 233 (4) Dangerous driving
6Section 234 Driving while ability impaired
7Section 235 Breath sample not provided
8Section 236 Driving with more than 80 milligrams of alcohol in blood
9Section 236 Manslaughter
10Section 249 (1) (a) Dangerous operation of a motor vehicle
11Section 249 (3) Dangerous operation causing bodily harm
12Section 249 (4) Dangerous operation causing death
12.1Section 249.1 (1) Flight
12.2Section 249.1 (3) Flight causing bodily harm or death
12.3Section 249.2 Causing death by criminal negligence (street racing)
12.4Section 249.3 Causing bodily harm by criminal negligence (street racing)
12.5Section 249.4 Dangerous operation of a motor vehicle while street racing
13Section 252 (1) Failure to stop at scene of accident
14Section 253 (1) (a)Operation of motor vehicle while ability impaired by alcohol or drugs
15Section 253 (1) (b)Operation of motor vehicle with more than 80 milligrams of alcohol in blood
15.1Section 253 (3) (a)Operation of motor vehicle with blood drug concentration equal to or exceeding prescribed value
15.2Section 253 (3) (c)Operation of motor vehicle with blood alcohol concentration and blood drug concentration equal to or exceeding prescribed values
16Section 254 (5) Failure or refusal to provide sample of breath or blood
17Section 255 (2) Operation of a motor vehicle while impaired causing bodily harm
17.1Section 255 (2.1) Causing bodily harm while driving with more than 80 milligrams of alcohol in blood
17.2Section 255 (2.2) Causing bodily harm and failure or refusal to provide sample of breath or blood
18Section 255 (3) Operation of a motor vehicle while impaired causing death
18.1Section 255 (3.1) Causing death while driving with more than 80 milligrams of alcohol in blood
18.2Section 255 (3.2) Causing death and failure or refusal to provide sample of breath or blood
19Section 259 (4) Operation of motor vehicle while disqualified
20Section 320.13 (1)Dangerous operation
21Section 320.13 (2)Dangerous operation causing bodily harm
22Section 320.13 (3)Dangerous operation causing death
23Section 320.14 (1) (a)Operation of motor vehicle while impaired by alcohol or a drug
24Section 320.14 (1) (b)Operation of motor vehicle and having blood alcohol concentration equal to or exceeding 80 milligrams of alcohol in blood
25Section 320.14 (1) (c)Operation of motor vehicle and having blood drug concentration equal to or exceeding prescribed value
26Section 320.14 (1) (d)Operation of motor vehicle and having blood alcohol concentration and blood drug concentration equal to or exceeding prescribed values
27Section 320.14 (2)Operation of motor vehicle while impaired by alcohol or a drug and causing bodily harm
28Section 320.14 (3)Operation of motor vehicle while impaired by alcohol or a drug and causing death
29Section 320.15 (1)Failure or refusal to comply with demand
30Section 320.15 (2)Causing accident resulting in bodily harm and failure or refusal to comply with demand
31Section 320.15 (3)Causing accident resulting in death and failure or refusal to comply with demand
32Section 320.16 (1)Failure to stop after accident
33Section 320.16 (2)Failure to stop after accident resulting in bodily harm
34Section 320.16 (3)Failure to stop after accident resulting in death
35Section 320.17Flight from peace officer
36Section 320.18 (1)Operation while prohibited

Contents | Division 1-4 | Division 5 | Division 6 | Division 7-9 | Division 10-18 | Division 19-23 | Division 24-25 | Division 26-28 | Division 29 | Division 30-34 | Division 35-36 | Division 37-40 | Division 40A-42 | Division 43 | Division 44-47