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Part 2 — Suspensions of Licences and Prohibitions from Driving
89 (1) A person's driver's licence and his or her right to apply for or obtain a driver's licence are deemed to be suspended if the person
(a) is prohibited from driving a motor vehicle
(i) under this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,
(ii) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or
(iii) before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was,
(b) pleads guilty to or is found guilty of an offence under an Act referred to in paragraph
(a) of this subsection, the Commercial Transport Act or
(c) as a condition of an order of judicial interim release under the Criminal Code, may not drive a motor vehicle.
(2) A judge, registrar, deputy registrar or court clerk may notify the Insurance Corporation of British Columbia if a person
(a) is prohibited from driving a motor vehicle under the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,
(b) pleads guilty to an offence under an Act referred to in subsection (1) (a), the Commercial Transport Act or
(c) as a condition of an order of judicial interim release under the Criminal Code, may not drive a motor vehicle.
90 (1) If a person
(a) has not in the current or a preceding year
(i) [Repealed 1997-43-13.]
(ii) obtained a motor vehicle liability policy, for a motor vehicle or trailer owned by the person,
(iii) [Repealed 1997-43-13.]
(b) is indebted to the Insurance Corporation of British Columbia for any motor vehicle indebtedness, or
(c) is indebted to the government for a fine indebtedness,
the corporation 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) If a suspension occurs under subsection (1) due to a person not
(a) obtaining a motor vehicle liability policy,
(b) [Repealed 1997-43-13.]
the suspension remains in force until,
(c) in the circumstances set out in paragraph (a), a motor vehicle liability policy is obtained.
(d) [Repealed 1997-43-13.]
(3) If a suspension occurs under subsection (1) due to a person being indebted to the Insurance Corporation of British Columbia for any motor vehicle indebtedness or to the government for any fine indebtedness, the suspension remains in force until the amount of the indebtedness has been fully paid or until arrangements satisfactory to the corporation have been made for its payment.
(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, is 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 "Under 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)
(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 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) If the Insurance Corporation of British Columbia considers that any permit, consent or certificate that the corporation has the power under this Act to issue should be cancelled or suspended, the corporation, without a hearing, may
(a) suspend, for a period that the corporation considers proper, or
(b) cancel
the permit, consent or certificate.
(8) and (9) [Repealed 1997-31-13.]
(10) 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 must forthwith deliver the licence, permit, consent, certificate, windshield sticker and any corresponding number plates to the Insurance Corporation of British Columbia.
(11) If a person fails to comply with subsection (10), the Insurance Corporation of British Columbia may order a peace officer or any other person the corporation considers appropriate to recover the licence, permit, consent, certificate, windshield sticker or any corresponding number plates.
(12) If the Insurance Corporation of British Columbia orders a person to recover a licence, permit, consent, certificate, windshield sticker or number plate under subsection (11) and the corporation is charged one or both of a fee and disbursements for that recovery, the person from whom the licence, permit, consent, certificate, sticker or number plate is recovered must reimburse the corporation for the fee and disbursements so charged.
90.3 (1) In this section:
"approved screening device" means a device prescribed for the purposes of this section;
"driver" means a driver who holds a driver's licence on which a condition is imposed under section 25 (10.1) and includes any such person having the care or control of a motor vehicle on a highway or industrial road whether or not the motor vehicle is in motion.
(2) A peace officer may, at any time or place on a highway or industrial road if the peace officer has reasonable and probable grounds to believe that a driver has alcohol in his or her body,
(a) request the driver to drive the motor vehicle, under the direction of the peace officer, to the nearest place off the travelled portion of the highway or industrial road, and
(b) by demand made to that driver, require the driver to promptly provide a sample of breath that, in the opinion of the peace officer, is necessary to enable a proper analysis of the breath to be made by means of an approved screening device and, if necessary, to accompany the peace officer for the purpose of enabling that sample of breath to be taken.
(3) If
(a) a driver, without a reasonable excuse, fails or refuses to comply with a demand made under subsection (2) (b), or
(b) the peace officer, pursuant to an analysis of the breath of the driver under subsection (2) (b), has reasonable and probable grounds to believe that the driver has alcohol in his or her body,
the peace officer may
(c) serve the driver with a notice of licence suspension, and
(d) if the driver is in possession of a driver's licence, request the driver to surrender that licence.
(4) If a peace officer requests a driver to surrender the driver's licence under subsection (3) (d), the driver must promptly surrender the driver's licence to the peace officer.
(5) A person's driver's licence is automatically suspended for a period of 12 hours from the time the peace officer served the driver with a notice of licence suspension under subsection (3) (c).
(6) [Repealed 2004-68-8.]
(7) A peace officer acting under subsection (3) need not hold the opinion that the blood alcohol level of the driver exceeds 3 mg of alcohol in 100 ml of blood.
(8) If a peace officer serves a notice of licence suspension under subsection (3) (c), the peace officer must cause a report of the suspension to be delivered to the Insurance Corporation of British Columbia.
(9) The report referred to in subsection (8) must be in a form established by the Insurance Corporation of British Columbia.
(10) The Lieutenant Governor in Council may prescribe an approved screening device for the purposes of this section.
90.4 (1) A person who holds a driver's licence on which a condition has been imposed under section 25 (10.1) commits an offence if the person drives a motor vehicle on a highway or industrial road knowing that the person's driver's licence has been suspended under section 90.1 or 90.3.
(2) If a person is charged with an offence under subsection (1), the court hearing the charge may admit into evidence a certificate of the Insurance Corporation of British Columbia if the offence pertains to a suspension under section 90.3, or a certificate of the superintendent if the offence pertains to a suspension under section 90.1, stating the information required by subsection (3).
(3) If a person is charged with an offence under subsection (1), the certificate referred to in subsection (2) 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 superintendent, as the case may be,
(a) show that a notice of 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 charged
(A) has acknowledged that the person's driver's licence is suspended, or
(B) has acknowledged that the person has received from the corporation or the superintendent a notice of suspension, and
(ii) is signed by 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 was suspended or to whom the corporation or the superintendent mailed a notice of suspension, or
(c) contain a document that indicates that the person charged has surrendered the person's driver's licence to the corporation or the superintendent subsequent to receiving from the corporation a notice of suspension.
(4) If the certificate of the Insurance Corporation of British Columbia or the superintendent, as the case may be, is admitted into evidence, it is proof that the defendant had knowledge of the suspension in effect at the time of the alleged offence.
(5) This section applies to any document contained in the records of the Insurance Corporation of British Columbia or of the superintendent, whether that document was signed before, on or after the date this subsection comes into force.
91 (1) If a person has failed to satisfy a final judgment rendered against the person 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 Insurance Corporation of British Columbia may, with or without a hearing, prohibit the person from driving a motor vehicle, even though the person is or may be subject to another prohibition from driving.
(2) The Insurance Corporation of British Columbia must not prohibit a person from driving a motor vehicle under subsection (1) until the corporation has received
(a) a certificate of the final judgment issued by the court in which the judgment was rendered,
(b) evidence satisfactory to the corporation of the identity of the judgment debtor, and
(c) evidence of failure to satisfy the judgment.
(3) The Insurance Corporation of British Columbia may cancel a prohibition made under this section and may reimpose a prohibition that was cancelled.
92 If
(a) a person has been required under section 29 to submit to an examination and he or she
(i) fails to appear and submit to the examination, or
(ii) fails to pay the prescribed examination fee,
(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,
(b.1) a person fails to comply with a condition imposed on his or her driver's licence under section 25.1 (2), or
(b.2) a person fails to attend or participate in and complete a program referred to in section 233 to the satisfaction of the superintendent as required by the superintendent,
then, with or without a hearing and even though the person is or may be subject to another prohibition from driving, the superintendent may
(c) prohibit the person from driving a motor vehicle, or
(d) direct the Insurance Corporation of British Columbia to
(i) cancel the person's driver's licence and to issue a different class of driver's licence to the person, or
(ii) cancel the person's driver's licence without issuing a different class of driver's licence to the person.
93 (1) Even though a person is or may be subject to another prohibition from driving, if the superintendent considers it to be in the public interest, the superintendent may, with or without a hearing, prohibit the person from driving a motor vehicle
(a) if the person
(i) has failed to comply with this Act or the regulations, or
(ii) has a driving record that in the opinion of the superintendent is unsatisfactory,
(b) if the person's privilege of driving a motor vehicle has been suspended or cancelled in any jurisdiction in Canada or in the United States of America, or
(c) for any cause not referred to in paragraph (a) or (b) that relates to the use or operation of motor vehicles.
(2) In forming an opinion as to whether a person's driving record is unsatisfactory the superintendent may consider all or any part of the person's driving record, including but not limited to any part of the driving record previously taken into account by a court or by the superintendent in making any order prohibiting the person from driving a motor vehicle.
(3) If under this section the superintendent prohibits a person from driving a motor vehicle on the grounds of an unsatisfactory driving record, a prohibition so made must not be held invalid on the grounds that the superintendent did not examine or consider other information or evidence.
93.1 Despite the Freedom of Information and Protection of Privacy Act, or any other enactment, the superintendent, for the purpose of carrying out his or her powers, duties and functions under this Act or another enactment, has access to every driver's record kept by the Insurance Corporation of British Columbia.
93.2 (1) The superintendent must notify the Insurance Corporation of British Columbia of
(a) the imposition, cancellation, reimposition or stay of any prohibition under section 92, 93, 94.2 or 94.6, and
(b) the disposition of any appeal of an imposition, cancellation, reimposition or stay referred to in paragraph (a).
(2) On receipt of notification under subsection (1), the Insurance Corporation of British Columbia must record, on the driver's record of the person affected, the imposition, cancellation, reimposition or stay of the prohibition or suspension.
94 (1) A person who is prohibited from driving a motor vehicle under section 93 may, within 30 days after the person receives notice of prohibition from driving a motor vehicle, appeal the prohibition to the Supreme Court.
(2) The appellant must, not less than one month before the hearing, serve the superintendent, either personally or by registered mail, with a copy of the notice of appeal and notice of the date of the hearing.
(3) The court to which an appeal is made under subsection (1) must
(a) dismiss the appeal, or
(b) allow the appeal and order the superintendent to terminate the prohibition imposed under section 93.
94.1 (1) If a peace officer has reasonable and probable grounds to believe
(a) by reason of an analysis of the breath or blood of a person, that a person operated a motor vehicle or had care or control of a motor vehicle having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood exceeded 80 milligrams of alcohol in 100 millilitres of blood at any time within 3 hours after operating or having care or control of the motor vehicle, or
(b) that a person failed or refused, without a reasonable excuse, to comply with a demand made on the person to supply a sample of his or her breath or blood under section 254 of the Criminal Code in respect of the operation or care or control of a motor vehicle,
the peace officer must,
(c) if the person holds a valid licence or permit issued under this Act to operate a motor vehicle,
(i) take possession of the person's licence or permit if the person has it in his or her possession, and
(ii) serve on the person a notice of driving prohibition, or
(d) if the person
(i) holds a valid document issued in another jurisdiction that allows the person to operate a motor vehicle, or
(ii) does not hold a valid licence or permit to operate a motor vehicle,
serve on the person a notice of driving prohibition.
(2) If a person referred to in subsection (1) (c) is not in possession of his or her licence or permit issued under this Act to operate a motor vehicle at the time the person is served with the notice of driving prohibition, the person must promptly send the licence or permit to the Insurance Corporation of British Columbia.
(3) The notice of driving prohibition must be in the prescribed form and must contain
(a) a statement of the right to have the driving prohibition reviewed by the superintendent under section 94.4,
(b) prescribed instructions describing how to apply for that review, and
(c) a statement that if the person on whom the notice of driving prohibition is served does not apply for a review under section 94.4, the person will be prohibited from operating a motor vehicle for a period of 90 days.
94.2 (1) If a person is served with a notice of driving prohibition under
(a) section 94.1 (1) (c),
(i) subject to subsection (2), the notice acts as a temporary driver's licence that expires 21 days from the date it is served, and
(ii) despite the fact the person is or may be subject to another prohibition from driving, the person is prohibited from operating a motor vehicle for 90 days effective on the expiration of the temporary driver's licence referred to in subparagraph (i), or
(b) section 94.1 (1) (d), despite the fact the person is or may be subject to another prohibition from driving, the person is prohibited from operating a motor vehicle for 90 days effective 21 days from the date the notice is served.
(2) If a person is subject to a driving prohibition under section 215 at the time the person is served with a notice of driving prohibition under section 94.1, the temporary driver's licence referred to in subsection (1) (a) (i) is valid only on expiry of the driving prohibition under section 215.
(3) The temporary driver's licence referred to in subsection (1) (a) (i)
(a) is of the same class, and
(b) is subject to all of the same restrictions and conditions
as the licence or permit taken by the peace officer or sent to the Insurance Corporation of British Columbia under section 94.1.
94.3 A peace officer who serves a notice of driving prohibition on a person under section 94.1 must promptly forward to the superintendent
(a) the person's licence or permit to operate a motor vehicle, if the peace officer took the licence or permit into possession,
(b) a copy of the notice of driving prohibition,
(c) a certificate of service, in the form established by the superintendent, showing that the notice of driving prohibition was personally served on the person subject to the driving prohibition,
(d) a report, in the form established by the superintendent, sworn or solemnly affirmed by the peace officer, and
(e) a copy of any certificate of analysis under section 258 of the Criminal Code with respect to the person.
94.4 (1) A person may, within 7 days of being served with a notice of driving prohibition under section 94.1, apply to the superintendent for a review of the driving prohibition by
(a) filing an application for review with the superintendent,
(b) paying to the superintendent
(i) the prescribed application fee, and
(ii) the prescribed hearing fee, and
(c) if it has not been taken by the peace officer or sent to the superintendent under section 94.1, surrendering to the Insurance Corporation of British Columbia his or her licence or permit to operate a motor vehicle unless the person completes and files with the superintendent a statutory declaration stating that the licence or permit has been lost, stolen or destroyed.
(2) An application for review must be in the form, contain the information and be completed in the manner required by the superintendent.
(3) An applicant may attach to the application for review any sworn statements or other evidence that the applicant wishes the superintendent to consider.
(4) The filing of an application for review does not stay the driving prohibition.
(5) The superintendent is not required to hold an oral hearing unless the applicant
(a) requests an oral hearing at the time of filing the application for review, and
(b) pays the prescribed oral hearing fees.
(6) If a person requests an oral hearing and fails to appear on the date and at the time and place arranged for the hearing, without prior notice to the superintendent, the right to an oral hearing is deemed to have been waived by the person.
94.5 (1) In a review of a driving prohibition under section 94.4, the superintendent must consider
(a) any relevant sworn or solemnly affirmed statements and any other relevant information,
(b) the report of the peace officer forwarded under section 94.3 (d),
(c) a copy of any certificate of analysis under section 258 of the Criminal Code with respect to the person served with the notice of driving prohibition, and
(d) if an oral hearing is held, in addition to the matters referred to in paragraphs (a) to (c), any relevant evidence given or representations made at the hearing.
(2) The superintendent may consider a copy of the certificate referred to in subsection (1) (c) without proof
(a) of the identity and official character of the person appearing to have signed the certificate, or
(b) that the copy is a true copy.
(3) In a review of a driving prohibition under section 94.4, no person may be cross examined.
94.6 (1) If after considering an application for review under section 94.4, the superintendent is satisfied that
(a) the person operated or had care or control of a motor vehicle having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood exceeded 80 milligrams of alcohol in 100 millilitres of blood at any time within 3 hours after operating or having care or control of the motor vehicle, or
(b) the person failed or refused, without a reasonable excuse, to comply with a demand made on the person to supply a sample of his or her breath or blood under section 254 of the Criminal Code in respect of the operation or care or control of a motor vehicle
the superintendent must confirm the driving prohibition.
(2) If after considering an application for review under section 94.4, the superintendent is satisfied that
(a) the person did not, because of alcohol consumed prior to or while operating or having care or control of a motor vehicle, have a concentration of alcohol in his or her blood that exceeded 80 milligrams of alcohol in 100 millilitres of blood at any time within 3 hours after operating or having care or control of the motor vehicle, or
(b) the person
(i) did not fail or refuse to comply with a demand made on the person to supply a sample of his or her breath or blood under section 254 of the Criminal Code in respect of the operation or care or control of a motor vehicle, or
(ii) had a reasonable excuse for failing or refusing to comply with the demand referred to in subparagraph (i),
the superintendent must
(c) revoke the driving prohibition,
(d) direct the Insurance Corporation of British Columbia to return any licence or permit to operate a motor vehicle taken into possession by the peace officer or sent to the corporation, and
(e) direct that the application and hearing fees paid be refunded to the applicant.
(3) Subject to subsection (4), the decision of the superintendent, and the reasons for the decision, must be in writing and a copy must be sent to the applicant within 21 days of the date the notice of driving prohibition was served on the applicant under section 94.1.
(4) If the superintendent is unable to send the decision to the applicant within the 21 day period set out in subsection (3), the superintendent may extend that period for a period determined by the superintendent.
(5) If the superintendent extends the period for sending a decision to the applicant under subsection (4), the superintendent must
(a) stay the driving prohibition imposed on the applicant under section 94.2 for the period of the extension determined under subsection (4), and
(b) if the applicant held a valid licence or permit issued under this Act to operate a motor vehicle at the time the applicant was served with the notice of driving prohibition under section 94.1, direct the Insurance Corporation of British Columbia to issue to the applicant a temporary driver's licence that
(i) is valid on the expiration of the temporary driver's licence referred to in section 94.2 (1) (a) (i), and
(ii) expires with the period of extension determined under subsection (4).
(6) The temporary driver's licence issued under subsection (5) (b)
(a) is of the same class, and
(b) is subject to all of the same restrictions and conditions
as the licence or permit taken by the peace officer or sent to the Insurance Corporation of British Columbia under section 94.1.
(7) The superintendent must promptly give the applicant notice of an extension made under subsection (4).
(8) The copy referred to in subsection (3) and the notice referred to in subsection (7) must be sent to the applicant
(a) at the last known address of the applicant as shown in the records maintained by the Insurance Corporation of British Columbia, or
(b) at the address shown in the application for review, if that address is different from the address in the Insurance Corporation of British Columbia's records.
(9) A notice of extension given under subsection (7) is deemed to be a notice of prohibition for the purposes of section 95 (4) (a) or (b).
95 (1) A person who drives a motor vehicle on a highway or industrial road knowing that
(a) he or she is prohibited from driving a motor vehicle under section 91, 92, 93, 94.2 or 215, or
(b) the person's licence or the person's right to apply for or obtain a driver's licence is suspended under section 25, 83, 87, 88, 94 or 214X of the Motor Vehicle Act, R.S.B.C. 1979, c. 288, as the section was before its repeal and replacement or its amendment came into force under the Motor Vehicle Amendment Act, 1982,
commits an offence and is liable,
(c) 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
(d) 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.
(2) If a person is charged with an offence under subsection (1) that pertains to a prohibition under section 91 or 215, the court hearing the charge may admit into evidence
(a) a certificate of the Insurance Corporation of British Columbia, or
(b) a certificate of the superintendent dated before the date this paragraph comes into force
stating the information required by subsection (4) and if the certificate is admitted into evidence it is proof that the defendant had knowledge of the prohibition in effect at the time of the alleged offence.
(3) If a person is charged with an offence under subsection (1) that pertains to a prohibition under section 92, 93 or 94.2, or to a suspension under section 25, 83, 87, 88, 94 or 214X of the Motor Vehicle Act, R.S.B.C. 1979, c. 288, as the section was before its repeal and replacement or its amendment came into force under the Motor Vehicle Amendment Act, 1982, 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 prohibition or 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 (2) or (3), as the case may be, must state that the prohibition or 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 prohibition or 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 prohibition or suspension was sent,
(b) contain a document that
(i) indicates that the person so charged
(A) has acknowledged that he or she is prohibited from driving a motor vehicle, or 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 corporation or the superintendent a notice of prohibition against driving a motor vehicle or 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 corporation or the superintendent subsequent to receiving from the corporation or the superintendent a notice of prohibition, relating to a prohibition under section 91, 92 or 93, or 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 whom the corporation or 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 the corporation or superintendent intended to suspend, or to whom the corporation or superintendent mailed a notice of prohibition or suspension, or
(c) contain a certificate of service established under section 94.3 (c) showing that a notice of driving prohibition under section 94.1 was personally served on the person.
(5) This section applies to any document contained in the records of the Insurance Corporation of British Columbia or the superintendent, whether that document was signed before, on or after the date this subsection comes into force.
96 (1) If a person is prohibited from driving a motor vehicle under section 91, 92 or 93, he or she must,
(a) if notified of the prohibition 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 by personal service by a peace officer, sheriff or person authorized by the Insurance Corporation of British Columbia or 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 corporation.
(2) A person must immediately surrender 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 justice, court clerk or sheriff for forwarding to the Insurance Corporation of British Columbia if the person is prohibited from driving a motor vehicle
(a) under section 98, 99 or 100 of this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,
(b) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or
(c) before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was.
(3) If a person fails to comply with subsection (2), a peace officer or sheriff, at the request of the Insurance Corporation of British Columbia, may recover the driver's licence issued to that person under this Act or any document issued in another jurisdiction that allows him or her to drive a motor vehicle.
(4) If 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 acts as a temporary driver's licence to expire at the time noted on its face, and the prohibition from driving starts immediately on the expiration of the temporary driver's licence.
(5) A temporary driver's licence issued under subsection (4) is 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 if the peace officer serves a person who is already prohibited from driving a motor vehicle or if the person's driver's licence or right to apply for or obtain a driver's licence is already under suspension.
97 (1) A prohibition under section 91 is not invalid and must not be held to be invalid on the grounds that the notice of prohibition sent to the person being prohibited from driving under that section is not signed by an officer of the Insurance Corporation of British Columbia.
(2) A prohibition under section 92 or 93 is not invalid and must not be held to be invalid on the grounds that the notice of prohibition sent to the person being prohibited from driving under either of those sections is not signed by the superintendent or deputy superintendent.
97.1 (1) If a person surrenders his or her driver's licence to the superintendent or a person authorized by the superintendent, the superintendent is to forward that driver's licence to the Insurance Corporation of British Columbia.
(2) A person who surrenders his or her driver's licence to the superintendent is deemed to have delivered the licence at the time of the surrender to the Insurance Corporation of British Columbia.
(3) The Insurance Corporation of British Columbia is to notify the superintendent if any person surrenders his or her driver's licence to the corporation.
(4) If a person makes a statutory declaration to the superintendent or a person authorized by the superintendent that the person's driver's licence has been stolen, lost or destroyed, the superintendent is to forward the statutory declaration to the Insurance Corporation of British Columbia.
(5) On receipt of a driver's licence forwarded under section 94.3 to the superintendent by a peace officer, the superintendent must forward the driver's licence to the Insurance Corporation of British Columbia.
98 (1) For the purpose of this section, "convicts" includes the granting of an absolute or conditional discharge and the determination under section 123 (2) of the Motor Vehicle Act, R.S.B.C. 1979, c. 288, that a contravention took place.
(2) If 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) even though 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 or her driving record when taken together justify the prohibition.
(3) Subsection (2) does not apply if the defendant is convicted of an offence under section 83 or 83.1.
(4) If a court prohibits a person from driving a motor vehicle under this section, the court must 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 or her from driving for a review of the length of the prohibition, after 3 years of the prohibition have elapsed and after notifying the Insurance Corporation of British Columbia.
(6) On an application under subsection (5), the court may, if it considers that it is not contrary to public interest, reduce the length of the prohibition or cancel the prohibition.
(7) If the court reduces the length of a prohibition or cancels a prohibition under subsection (6), it must forthwith notify the Insurance Corporation of British Columbia of its decision.
99 (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 95, 102, 224 or 226 (1), or
(b) a motor vehicle related Criminal Code offence
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 imposes a sentence under the Youth Criminal Justice Act (Canada) or the Youth Justice Act.
100 (1) A driver of a motor vehicle commits an offence if
(a) he or she
(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 or her to stop.
(2) If a person commits an offence under subsection (1), he or she 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) If a person is convicted of an offence under subsection (1), the court must, even though 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 98 (4) applies to a prohibition ordered under this section.
(5) If 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 73 (1), the person may be convicted of contravening section 73 (1).
101 (1) In this section:
"appellate court" means a court to which a person who is prohibited from driving appeals a conviction;
"conviction" means a conviction under which a prohibition has been imposed, and includes the granting of an absolute or conditional discharge and the determination under section 123 (2) of the Motor Vehicle Act, R.S.B.C. 1979, c. 288, that a contravention took place;
"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
(a) by or under section 98, 99 or 100 of this Act,
(b) by or under the Youth Justice Act, or
(c) before April 1, 2004, by or under the Young Offenders (British Columbia) Act, as it then was,
and "prohibited from driving" has a corresponding meaning;
"stay" means a stay of a prohibition, granted under subsection (2).
(2) A judge of the appellate court may stay a prohibition for a period the judge considers appropriate if a person
(a) appeals a conviction, and
(b) applies to a judge of the appellate court for an order to stay the prohibition imposed pursuant to the conviction.
(3) An application for a stay must 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.
(4) The Attorney General may appear as respondent on an application for a stay.
(5) On application of
(a) the person who applied for a stay, or
(b) a respondent to vary a stay,
a judge of the appellate court may, in the judge's discretion, vary the period of the stay, extend the stay or, where a stay has expired, grant a new stay.
(6) If a judge of the appellate court orders a stay in respect of a person, the clerk of that court must
(a) return that person's licence, and
(b) send a copy of the order to the Insurance Corporation of British Columbia.
(7) On receiving a copy of an order referred to in subsection (6), the Insurance Corporation of British Columbia must return the licence to the person to whom it was issued.
(8) 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.
(9) If a prohibition is reimposed by subsection (8), the number of days during which the prohibition was stayed must be added to the original period of the prohibition, and the prohibition continues for that additional number of days, but
(a) a further stay may be ordered under subsection (2), and
(b) if an appeal from the conviction in respect of which the prohibition from driving was imposed is allowed, the prohibition ends.
(10) If a prohibition is reimposed by subsection (8) (a), the person must forthwith cause his or her licence to be sent to the Insurance Corporation of British Columbia.
(11) If a prohibition is reimposed by subsection (8) (b),
(a) the person must cause his or her 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 must forthwith cause
(i) the surrendered licence to be sent to the Insurance Corporation of British Columbia, and
(ii) the Insurance Corporation of British Columbia to be notified of the dismissal.
(12) If an appeal from a conviction is allowed, the court must forthwith cause the Insurance Corporation of British Columbia to be notified.
102 A person who drives a motor vehicle on a highway or industrial road while
(a) he or she is prohibited from driving a motor vehicle
(i) under section 98, 99 or 100 of this Act,
(ii) under the Youth Justice Act, or
(iii) before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was, or
(b) his or her driver's licence or his or her right to apply for or obtain a driver's licence is suspended under section 82 or 92 of the Motor Vehicle Act, R.S.B.C. 1979, c. 288, as the section was before its repeal and replacement came into force under the Motor Vehicle Amendment Act, 1982,
commits an offence and is liable,
(c) 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
(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.
103 If a person who is convicted of an offence under section 95 or 102 has previously been convicted of an offence under
(a) section 95 or 102, or
(b) section 88.1 or 94.1 of the Motor Vehicle Act, R.S.B.C. 1979, c. 288, as the section was before its repeal and replacement came into force under the Motor Vehicle Amendment Act, 1982,
that prior conviction is conclusively deemed to be a first conviction for the purpose of determining the punishment to which the person is subject under section 95 or 102.
104 (1) A judge of any court, with respect to each conviction made by the judge for, or each conditional or absolute discharge given by the judge 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
(d) a motor vehicle related Criminal Code offence,
and every registrar, deputy registrar or court clerk must immediately send the Insurance Corporation of British Columbia 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, must immediately send the Insurance Corporation of British Columbia a certificate, transcript or certified copy of the order or judgment.
(3) A certificate, transcript, copy or record sent to the Insurance Corporation of British Columbia under subsection (1) is evidence of the conviction, appeal or proceedings to which it refers.
(4) If 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 or her to drive a motor vehicle,
the Insurance Corporation of British Columbia must 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 or her to drive a motor vehicle, as the case may be.
(5) If the Insurance Corporation of British Columbia has received notice that a person
(a) is or was prohibited from driving a motor vehicle, or his or her right to apply for or obtain a driver's licence is or was suspended,
(i) under this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,
(ii) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or
(iii) before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was, and
(b) is a resident of or has a document from another jurisdiction that allows him or her to drive a motor vehicle,
the corporation must 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 corporation'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 or she has a document that allows him or her to drive a motor vehicle, as the case may be.
104.1 (1) If a peace officer has reasonable and probable grounds to believe that
(a) a person drove or operated a motor vehicle on a highway, and
(b) at the time the person drove or operated the motor vehicle on a highway
(i) the person did not hold a subsisting driver's licence issued under this Act and was not otherwise exempt from holding a driver's licence under this Act, and
(ii) a notice under section 104.2 (1) was in place on the driving record of the person,
the peace officer must cause the motor vehicle to be taken to and impounded at a place directed by the peace officer.
(2) If a peace officer is satisfied that the impoundment of a motor vehicle under subsection (1) would
(a) jeopardize the safety of the occupants of the motor vehicle, or
(b) leave the occupants stranded,
the peace officer must arrange for transportation of the occupants of the motor vehicle to the nearest safe area where they can summon an alternative form of transportation.
(3) Personal property present in a motor vehicle that has been impounded under subsection (1), other than personal property attached to or used in connection with the operation of the motor vehicle, must be returned to the owner on request.
(4) Despite subsection (1), if, at any time before a review is conducted under section 104.6, the superintendent is satisfied that a motor vehicle impounded under subsection (1) is stolen property, the superintendent must
(a) order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner, if the owner completes a statutory declaration, and
(b) pay to the person having custody of the motor vehicle under the impoundment the costs and charges referred to in section 104.5 (2).
(4.1) Despite subsection (1), if, at any time before a review is conducted under section 104.6, a peace officer is satisfied that a motor vehicle impounded under subsection (1) of this section is stolen property, the peace officer must
(a) order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner, and
(b) promptly give notice to the superintendent of the release of the impounded motor vehicle.
(4.2) After receiving the notice referred to in subsection (4.1) (b), the superintendent must pay to the person who had custody of the motor vehicle under the impoundment the costs and charges referred to in section 104.5 (2).
(5) Despite subsection (1), if, at the time a peace officer is required to impound a motor vehicle under that subsection, the peace officer is also required to impound the vehicle under section 105.1, the peace officer
(a) must not cause the vehicle to be impounded under subsection (1), and
(b) must cause the vehicle to be impounded under section 105.1.
(6) If the Insurance Corporation of British Columbia issues a driver's licence under this Act to the person who was driving or operating a motor vehicle at the time the vehicle was impounded under subsection (1), the superintendent must, if the costs and charges referred to in section 104.5 (2) have been paid to the person having custody of the motor vehicle under the impoundment, order that the motor vehicle be released to the owner or a person authorized by the owner.
104.2 (1) The Insurance Corporation of British Columbia, for the purposes of vehicle impoundments under section 104.1, must place a notice on the driving record of the following persons indicating that, if the person drives or operates a motor vehicle on a highway, the motor vehicle is liable to be impounded under that section:
(a) and (b) [Not in force. Repealed 2006-33-1.]
(c) a person who has been convicted of an offence under section 24 (1) since the expiry or cancellation of the most recent driver's licence issued to the person under this Act;
(d) a person who has been convicted of an offence under section 24 (1) and who has never held a driver's licence under this Act.
(2) and (3) [Not in force. Repealed 2006-33-1.]
(4) The Insurance Corporation of British Columbia must remove a notice placed on the driving record of a person under subsection (1) when the corporation issues a driver's licence to the person under this Act.
(5) Despite subsection (1), a notice under that subsection may be placed on the driving record of
(a) and (b) [Not in force. Repealed 2006-33-1.]
(c) a person referred to in subsection (1) (c) or (d), only if the person is convicted of an offence under section 24 (1) after this subsection comes into force.
104.3 (1) A motor vehicle impounded under section 104.1 is to remain impounded for a period of 30 days from the day it is impounded.
(2) Despite subsection (1), if a motor vehicle impounded under section 104.1 is owned by a person who, within 2 years before the day of the impoundment, was the owner of a motor vehicle that was impounded under section 104.1 and that impoundment was not revoked under section 104.8, the motor vehicle is to remain impounded for a period of 60 days from the date it is impounded.
(3) If a motor vehicle is subject to the period of impoundment authorized under subsection (2), the superintendent must give notice to
(a) the registered owner of the motor vehicle, and
(b) the person who has custody of the motor vehicle under the impoundment
that, subject to the superintendent revoking the impoundment under section 104.8 or reducing the period of impoundment under section 104.9, the motor vehicle will not be released until the expiry of the period of impoundment authorized under subsection (2).
(4) The notice required by subsection (3) (a) must be sent by mail to the last known address of the registered owner as shown in the records maintained by the Insurance Corporation of British Columbia.
104.4 (1) A peace officer who impounds a motor vehicle under section 104.1 must
(a) complete a notice of impoundment,
(b) give a copy of the notice of impoundment to the driver and the person who has custody of the motor vehicle under the impoundment,
(c) forward to the superintendent
(i) a report, in the form established by the superintendent, sworn or solemnly affirmed by the peace officer, and
(ii) a copy of the notice of impoundment, and
(d) retain a copy of the notice of impoundment.
(2) When the superintendent receives a copy of the notice of impoundment under subsection (1) (c) (ii), the superintendent must promptly send a copy of that notice by mail to the last known address of the registered owner of the motor vehicle as shown in the records maintained by the Insurance Corporation of British Columbia.
(3) The notice of impoundment must contain
(a) a statement of the right to have the impoundment reviewed by the superintendent under section 104.6,
(b) instructions describing how to apply for that review,
(c) a statement that if the owner of the motor vehicle does not apply for a review under section 104.6, the vehicle will be impounded for the period authorized under section 104.3, and
(d) a statement that if the owner of the motor vehicle does not pay the costs and charges referred to in section 104.5 (2), the motor vehicle may be disposed of under the Warehouse Lien Act or under section 104.5 (6) of this Act.
104.5 (1) A motor vehicle impounded under section 104.1 is to be stored at the place directed by the peace officer.
(2) The following costs and charges constitute a lien on the motor vehicle:
(a) all costs and charges prescribed for the transportation, towing, care, storage, disposition and other related activities respecting the impoundment of the motor vehicle;
(b) all charges for searches and registrations under the Personal Property Security Act that are reasonably necessary to fulfill the obligations of the person who has custody of the motor vehicle under the impoundment.
(3) The lien described in subsection (2) may be enforced under the Warehouse Lien Act or under subsection (6).
(4) The person who has custody of a motor vehicle impounded under section 104.1 must notify the superintendent of the sale of that motor vehicle under the Warehouse Lien Act.
(5) A motor vehicle that is subject to a lien described in subsection (2) is to remain impounded until
(a) the lien is paid, or
(b) the vehicle is disposed of
(i) under the Warehouse Lien Act, or
(ii) under subsection (6).
(6) If a motor vehicle impounded under section 104.1 remains impounded for at least 30 days after the expiration of the impoundment period referred to in section 104.3, the person who has custody of the motor vehicle under the impoundment may, with the approval of the superintendent, dispose of the motor vehicle by sale or otherwise, if the person
(a) surrenders to the superintendent any number plate, issued under this Act, from the motor vehicle, and
(b) files with the superintendent
(i) a statutory declaration declaring that
(A) the amount of the person's lien on the motor vehicle exceeds the person's estimate of the value of the motor vehicle, and
(B) the person, at least 14 days before making the statutory declaration, sent to the registered owner of the motor vehicle, by ordinary mail, a notice that the person intends to dispose of the vehicle if the lien is not paid, and
(ii) a certificate issued under the Personal Property Security Act showing that no security interest is registered against the motor vehicle under that Act.
(7) If the superintendent approves the disposal of a motor vehicle under subsection (6), the superintendent must
(a) direct the Insurance Corporation of British Columbia to cancel any vehicle licence issued under this Act with respect to the motor vehicle,
(b) direct the Insurance Corporation of British Columbia to transfer the registration of the motor vehicle to the person who has custody of the motor vehicle under the impoundment,
(c) direct the Insurance Corporation of British Columbia to forward any refund from the cancellation of the vehicle licence to the previous registered owner of the motor vehicle, and
(d) forward to the Insurance Corporation of British Columbia any number plates that have been surrendered to the superintendent under subsection (6).
104.6 (1) The owner of a motor vehicle impounded under section 104.1 may, within 30 days of becoming aware of the impoundment, apply to the superintendent for a review of the impoundment by
(a) filing an application for review with the superintendent, and
(b) paying to the superintendent
(i) the prescribed application fee, and
(ii) the prescribed hearing fee.
(2) The application for review must be in the form, contain the information and be completed in the manner required by the superintendent.
(3) The applicant may attach to the application for review any sworn statements or other evidence that the applicant wishes the superintendent to consider.
(4) The filing of an application for review does not stay the impoundment of the motor vehicle.
(5) The superintendent is not required to hold an oral hearing unless the applicant
(a) requests an oral hearing at the time of filing the application for review, and
(b) pays the prescribed oral hearing fees.
(6) If a person requests an oral hearing and fails to appear on the date and at the time and place arranged for the hearing, without prior notice to the superintendent, the right to an oral hearing is deemed to have been waived by the person.
104.7 In a review of a motor vehicle impoundment under section 104.6, the superintendent must consider
(a) the report of the peace officer forwarded under section 104.4 (1) (c) (i), and
(b) the driving record of
(i) the person named as the driver of the motor vehicle in a copy of the notice of impoundment completed under section 104.4, or
(ii) the person named as the driver of the motor vehicle by the owner who applies for a review under section 104.6, if that person is not the same person as the person referred to in subparagraph (i).
104.8 (1) If, after considering an application for review under section 104.6 by an owner who was not the driver of the motor vehicle at the time the motor vehicle was impounded, the superintendent is satisfied that
(a) the driver was in possession of the motor vehicle without the knowledge or consent of the owner,
(b) at the time the motor vehicle was impounded, the driver
(i) held a subsisting driver's licence issued under this Act, or
(ii) was otherwise exempt from holding a driver's licence under this Act,
(c) a notice should not have been placed on the driving record of the driver under section 104.2 (1), or
(d) the owner exercised reasonable care and diligence in entrusting the motor vehicle to the person who was, at the time of the impoundment, in possession of the motor vehicle,
the superintendent must
(e) revoke the impoundment,
(f) order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner,
(g) pay to the person having custody of the motor vehicle under the impoundment the costs and charges referred to in section 104.5 (2), unless the owner exercised reasonable care and diligence under subsection (1) (d) of this section, and
(h) direct that the application and hearing fees paid be refunded to the applicant.
(2) If, after considering an application for review under section 104.6 by an owner who was the driver of the motor vehicle at the time the motor vehicle was impounded, the superintendent is satisfied that
(a) at the time the motor vehicle was impounded, the owner
(i) held a subsisting driver's licence issued under this Act, or
(ii) was otherwise exempt from holding a driver's licence under this Act,
(b) a notice should not have been placed on the driving record of the owner under section 104.2 (1), or
(c) the owner, before he or she drove the motor vehicle, had a reasonable belief that he or she
(i) held a subsisting driver's licence issued under this Act, or
(ii) was otherwise exempt from holding a driver's licence under this Act,
the superintendent must
(d) revoke the impoundment,
(e) order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner,
(f) pay to the person having custody of the motor vehicle under the impoundment the costs and charges referred to in section 104.5 (2), and
(g) direct that the application and hearing fees be refunded to the applicant.
(3) The decision of the superintendent under subsection (1) or (2), and the reasons for the decision, must be in writing and a copy must be sent to the applicant within 7 days of the date the application was considered or the oral hearing was held.
(4) The copy referred to in subsection (3) must be sent to the applicant
(a) at the last known address of the applicant as shown in the records maintained by the Insurance Corporation of British Columbia, or
(b) at the address shown in the application for review, if that address is different from the address in the Insurance Corporation of British Columbia's records.
104.9 (1) The owner of a motor vehicle impounded under section 104.1 who wishes to contest the application of section 104.3 (2) to the motor vehicle may
(a) file an application with the superintendent, and
(b) pay to the superintendent
(i) the prescribed application fee, and
(ii) the prescribed hearing fee.
(2) The application must be in the form, contain the information and be completed in the manner required by the superintendent.
(3) The applicant may attach to the application any sworn statements or other evidence that the applicant wishes the superintendent to consider.
(4) The filing of an application under this section does not stay the impoundment of the motor vehicle.
(5) The superintendent is not required to hold an oral hearing unless the applicant
(a) requests an oral hearing at the time of filing the application, and
(b) pays the prescribed oral hearing fees.
(6) If a person requests an oral hearing and fails to appear on the date and at the time and place arranged for the hearing, without prior notice to the superintendent, the right to an oral hearing is deemed to have been waived by the person.
(7) If an application is made under this section, the superintendent must consider a record maintained by the superintendent respecting any previous impoundment under section 104.1 of a motor vehicle that was, at the time of that impoundment, owned by the applicant.
(8) If, after considering an application under this section, the superintendent is satisfied that section 104.3 (2) does not apply to the motor vehicle, the superintendent must
(a) if the motor vehicle has been impounded for 30 days or less, reduce the impoundment period to 30 days, and
(b) if the motor vehicle has been impounded for more than 30 days
(i) order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner,
(ii) pay to the person having custody of the motor vehicle under the impoundment, that portion of the costs and charges referred to in section 104.5 (2) that applies to any period of impoundment in excess of 30 days, and
(iii) direct that the application and hearing fees paid be refunded to the applicant.
104.91 (1) Any person who
(a) holds a valid licence or permit, issued under this Act or in another jurisdiction, to operate a motor vehicle,
(b) is not prohibited from driving a motor vehicle
(i) under this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,
(ii) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or
(iii) before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was, and
(c) is cohabiting with the owner of a motor vehicle at the time the vehicle is impounded under section 104.1,
is eligible to apply for the release of the motor vehicle under subsection (2).
(2) An eligible person, within 30 days of the impoundment of the motor vehicle under section 104.1, may apply to the superintendent for the release of the vehicle on the grounds that
(a) the impoundment of the motor vehicle
(i) will cause the eligible person to suffer a loss or curtailment of employment or educational opportunities, or
(ii) will prevent the eligible person, or someone under the care of the eligible person, from obtaining medical treatment, and
(b) the eligible person has no reasonable alternative form of transportation, including public transportation, that would
(i) prevent the loss or curtailment referred to in paragraph (a) (i), or
(ii) allow the medical treatment referred to in paragraph (a) (ii) to be obtained.
(3) The applicant must
(a) apply in a form acceptable to the superintendent,
(b) provide the superintendent with any information the superintendent may reasonably require, and
(c) pay to the superintendent the prescribed application fee.
(4) If the superintendent is satisfied, with respect to an application, that the grounds set out in subsection (2) have been established, the superintendent may,
(a) with the consent of the owner of the motor vehicle, and
(b) on receiving payment of the prescribed vehicle release fee,
subject to the lien described in section 104.5 (2), order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the applicant.
(5) If a motor vehicle has been released under this section during the course of an impoundment that occurred in respect of a particular period for which the person referred to in section 104.1 (1) failed to hold a subsisting driver's licence issued under this Act, no further application for the release of a motor vehicle may be made under this section with respect to an impoundment that occurred in respect of that same period.
104.92 (1) When the impoundment period referred to in section 104.3 has elapsed, the owner or a person authorized by the owner may request that the motor vehicle be released by
(a) completing a request for release of the motor vehicle, and
(b) delivering the request to the superintendent.
(2) The request for release of the motor vehicle must be in the form, contain the information and be completed in the manner required by the superintendent.
(3) Subject to the lien described in section 104.5 (2), the superintendent may, on receiving a request under subsection (1), order that the motor vehicle be released to the owner or a person authorized by the owner.
(4) Unless ordered by the superintendent under section 104.1 (4) or (6), 104.8, 104.9, 104.91, 104.94 or subsection (3) of this section or by a peace officer under section 104.1 (4.1), a person must not remove or release, or permit the removal or release of, a motor vehicle impounded under section 104.1 from the place of impoundment until the impoundment period referred to in section 104.3 has expired.
(5) Subject to section 104.5 (5), a person having custody of a motor vehicle impounded under section 104.1 must release the motor vehicle when ordered by the superintendent.
104.93 The owner of a motor vehicle impounded under section 104.1 may recover from the person who was the driver at the time the motor vehicle was impounded, as a debt in any court of competent jurisdiction, the costs and charges under section 104.5 (2) that the owner has paid with respect to the impoundment.
104.94 If the superintendent is satisfied that a motor vehicle has been wrongfully impounded under section 104.1, the superintendent may
(a) order the release of the motor vehicle from impoundment,
(b) waive any fee, cost or charge payable to the superintendent, and
(c) indemnify the owner of the motor vehicle for any direct cost incurred by the owner in respect of the impoundment of the motor vehicle.
104.95 Money required for the purposes of
(a) a direction under section 104.8 (1) (h) or (2) (g) or 104.9 (8) (b) (iii),
(b) a payment under section 104.1 (4) (b) or (4.2), 104.8 (1) (g) or (2) (f), 104.9 (8) (b) (ii) or 104.94 (c), or
(c) a waiver of any fee, cost or charge under section 104.94 (b),
may be paid out of the consolidated revenue fund without any other appropriation other than this section.
105 (1) If a peace officer has reasonable and probable grounds to believe that a person is driving a motor vehicle while he or she is prohibited from driving a motor vehicle under section 91 or while his or her driver's licence or his or her right to apply for or obtain a driver's licence is suspended, the peace officer must immediately cause the motor vehicle to be taken to and impounded at a place directed by the peace officer for a period of 24 hours.
(2) Subsection (1) does not apply if 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) If a motor vehicle is impounded under subsection (1), the peace officer must take all reasonable steps to notify the owner of the motor vehicle.
(5) A person must not 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 the person 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.
105.1 (1) If a peace officer has reasonable and probable grounds to believe that a person has operated a motor vehicle while
(a) the person is prohibited from driving a motor vehicle under
(i) section 92, 93, 94.2, 98, 99 or 215 of this Act,
(ii) the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,
(iii) the Young Offenders Act (Canada), as it read before its repeal by the Youth Criminal Justice Act (Canada), or
(iv) the Young Offenders (British Columbia) Act, as it read before its repeal by the Youth Justice Act, or
(b) the person's driver's licence and his or her right to apply for or obtain a driver's licence are suspended under section 89 (1) (b) or (c), 232 or 233,
the peace officer must cause the motor vehicle to be taken to and impounded at a place directed by the peace officer.
(2) If a peace officer is satisfied that the impoundment of a motor vehicle under subsection (1) would
(a) jeopardize the safety of the occupants of the motor vehicle, or
(b) leave the occupants stranded,
the peace officer must arrange for transportation of the occupants of the motor vehicle to the nearest safe area where they can summon an alternative form of transportation.
(3) Personal property present in a motor vehicle that has been impounded under subsection (1), other than personal property attached to or used in connection with the operation of the motor vehicle, must be returned to the owner on request.
(4) Despite subsection (1), if, at any time before a review is conducted under section 105.5, the superintendent is satisfied that a motor vehicle impounded under subsection (1) is stolen property, the superintendent must
(a) order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner, if the owner completes a statutory declaration, and
(b) pay to the person having custody of the motor vehicle under the impoundment the costs and charges referred to in section 105.4 (2).
(5) Despite subsection (1), if, at any time before a review is conducted under section 105.5, a peace officer is satisfied that a motor vehicle impounded under subsection (1) of this section is stolen property, the peace officer must
(a) order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner, and
(b) promptly give notice to the superintendent of the release of the impounded motor vehicle.
(6) After receiving the notice referred to in subsection (5) (b), the superintendent must pay to the person who had custody of the motor vehicle the impoundment costs and charges referred to in section 105.4 (2).
105.2 (1) A motor vehicle impounded under section 105.1 is to remain impounded for a period of 60 days from the day it is impounded.
(2) Despite subsection (1), if a motor vehicle impounded under section 105.1 is owned by a person who, within 2 years before the day of the impoundment, was the owner of a motor vehicle that was impounded under section 105.1 and that impoundment was not revoked under section 105.7, the motor vehicle is to remain impounded for a period of 90 days from the date it is impounded.
(3) If a motor vehicle is subject to the period of impoundment authorized under subsection (2), the superintendent must give notice to
(a) the registered owner of the motor vehicle, and
(b) the person who has custody of the motor vehicle under the impoundment
that, subject to the superintendent revoking the impoundment under section 105.7 or reducing the period of impoundment under section 105.8, the motor vehicle will not be released until the expiry of the period of impoundment authorized under subsection (2).
(4) The notice required by subsection (3) (a) must be sent by mail to the last known address of the registered owner as shown in the records maintained by the Insurance Corporation of British Columbia.
105.3 (1) A peace officer who impounds a motor vehicle under section 105.1 must
(a) complete a notice of impoundment,
(b) give a copy of the notice of impoundment to the driver and the person who has custody of the motor vehicle under the impoundment,
(c) forward to the superintendent
(i) a report, in the form established by the superintendent, sworn or solemnly affirmed by the peace officer, and
(ii) a copy of the notice of impoundment, and
(d) retain a copy of the notice of impoundment.
(2) When the superintendent receives a copy of the notice of impoundment under subsection (1) (c) (ii), the superintendent must promptly send a copy of that notice by mail to the last known address of the registered owner of the motor vehicle as shown in the records maintained by the Insurance Corporation of British Columbia.
(3) The notice of impoundment must contain
(a) a statement of the right to have the impoundment reviewed by the superintendent under section 105.5,
(b) instructions describing how to apply for that review,
(c) a statement that if the owner of the motor vehicle does not apply for a review under section 105.5, the vehicle will be impounded for the period authorized under section 105.2, and
(d) a statement that if the owner of the motor vehicle does not pay the costs and charges referred to in section 105.4 (2), the motor vehicle may be disposed of under the Warehouse Lien Act or under section 105.4 (6) of this Act.
105.4 (1) A motor vehicle impounded under section 105.1 is to be stored at the place directed by the peace officer.
(2) The following costs and charges constitute a lien on the motor vehicle:
(a) all costs and charges prescribed for the transportation, towing, care, storage, disposition and other related activities respecting the impoundment of the motor vehicle;
(b) all charges for searches and registrations under the Personal Property Security Act that are reasonably necessary to fulfill the obligations of the person who has custody of the motor vehicle under the impoundment.
(3) The lien described in subsection (2) may be enforced under the Warehouse Lien Act or under subsection (6).
(4) The person who has custody of a motor vehicle impounded under section 105.1 must notify the superintendent of the sale of that motor vehicle under the Warehouse Lien Act.
(5) A motor vehicle that is subject to a lien described in subsection (2) is to remain impounded until
(a) the lien is paid, or
(b) the vehicle is disposed of
(i) under the Warehouse Lien Act, or
(ii) under subsection (6).
(6) If a motor vehicle impounded under section 105.1 remains impounded for at least 30 days after the expiration of the impoundment period referred to in section 105.2, the person who has custody of the motor vehicle under the impoundment may, with the approval of the superintendent, dispose of the motor vehicle by sale or otherwise, if the person
(a) surrenders to the superintendent any number plate, issued under this Act, from the motor vehicle, and
(b) files with the superintendent
(i) a statutory declaration declaring that
(A) the amount of the person's lien on the motor vehicle exceeds the person's estimate of the value of the motor vehicle, and
(B) the person, at least 14 days before making the statutory declaration, sent to the registered owner of the motor vehicle, by ordinary mail, a notice that the person intends to dispose of the vehicle if the lien is not paid, and
(ii) a certificate issued under the Personal Property Security Act showing that no security interest is registered against the motor vehicle under that Act.
(7) If the superintendent approves the disposal of a motor vehicle under subsection (6), the superintendent must
(a) direct the Insurance Corporation of British Columbia to cancel any vehicle licence issued under this Act with respect to the motor vehicle,
(b) direct the Insurance Corporation of British Columbia to transfer the registration of the motor vehicle to the person who has custody of the motor vehicle under the impoundment,
(c) direct the Insurance Corporation of British Columbia to forward any refund from the cancellation of the vehicle licence to the previous registered owner of the motor vehicle, and
(d) forward to the Insurance Corporation of British Columbia any number plates that have been surrendered to the superintendent under subsection (6).
105.5 (1) The owner of a motor vehicle impounded under section 105.1 may, within 30 days of becoming aware of the impoundment, apply to the superintendent for a review of the impoundment by
(a) filing an application for review with the superintendent, and
(b) paying to the superintendent
(i) the prescribed application fee, and
(ii) the prescribed hearing fee.
(2) The application for review must be in the form, contain the information and be completed in the manner required by the superintendent.
(3) The applicant may attach to the application for review any sworn statements or other evidence that the applicant wishes the superintendent to consider.
(4) The filing of an application for review does not stay the impoundment of the motor vehicle.
(5) The superintendent is not required to hold an oral hearing unless the applicant
(a) requests an oral hearing at the time of filing the application for review, and
(b) pays the prescribed oral hearing fees.
(6) If a person requests an oral hearing and fails to appear on the date and at the time and place arranged for the hearing, without prior notice to the superintendent, the right to an oral hearing is deemed to have been waived by the person.
105.6 In a review of a motor vehicle impoundment under section 105.5, the superintendent
(a) must consider the report of the peace officer forwarded under section 105.3 (1) (c) (i), and
(b) may consider the driving record of
(i) the person named as the driver of the motor vehicle in a copy of the notice of impoundment completed under section 105.3, or
(ii) the person named as the driver of the motor vehicle by the owner who applies for a review under section 105.5, if that person is not the same person as the person referred to in subparagraph (i).
105.7 (1) If, after considering an application for review under section 105.5 by an owner who was not the driver of the motor vehicle at the time the motor vehicle was impounded, the superintendent is satisfied that
(a) the driver was in possession of the motor vehicle without the knowledge or consent of the owner,
(b) the driver was not prohibited from driving under any of the provisions referred to in section 105.1 (1) (a) at the time the motor vehicle was impounded,
(b.1) the driver's driver's licence and his or her right to apply for or obtain a driver's licence were not suspended under section 89 (1) (b) or (c), 232 or 233 at the time the motor vehicle was impounded, or
(c) the owner exercised reasonable care and diligence in entrusting the motor vehicle to the person who was, at the time of the impoundment, in possession of the motor vehicle,
the superintendent must
(d) revoke the impoundment,
(e) order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner,
(f) pay to the person having custody of the motor vehicle under the impoundment the costs and charges referred to in section 105.4 (2), unless the owner exercised reasonable care and diligence under subsection (1) (c) of this section, and
(g) direct that the application and hearing fees paid be refunded to the applicant.
(2) If, after considering an application for review under section 105.5 by an owner who was the driver of the motor vehicle at the time the motor vehicle was impounded, the superintendent is satisfied that
(a) the owner was not prohibited from driving under any of the provisions referred to in section 105.1 (1) (a) at the time the motor vehicle was impounded,
(b) the owner's driver's licence and his or her right to apply for or obtain a driver's licence were not suspended under section 89 (1) (b) or (c), 232 or 233 at the time the motor vehicle was impounded, or
(b.1) the owner, before he or she drove the motor vehicle, had no reason to believe that
(i) he or she was prohibited from driving a motor vehicle under any of the provisions referred to in section 105.1 (1) (a), or
(ii) his or her driver's licence and his or her right to apply for or obtain a driver's licence were suspended under section 89 (1) (b) or (c), 232 or 233,
the superintendent must
(c) revoke the impoundment,
(d) order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner,
(e) pay to the person having custody of the motor vehicle under the impoundment the costs and charges referred to in section 105.4 (2), and
(f) direct that the application and hearing fees paid be refunded to the applicant.
(3) The decision of the superintendent under subsection (1) or (2), and the reasons for the decision, must be in writing and a copy must be sent to the applicant within 7 days of the date the application was considered or the oral hearing was held.
(4) The copy referred to in subsection (3) must be sent to the applicant
(a) at the last known address of the applicant as shown in the records maintained by the Insurance Corporation of British Columbia, or
(b) at the address shown in the application for review, if that address is different from the address in the Insurance Corporation of British Columbia's records.
105.8 (1) The owner of a motor vehicle impounded under section 105.1 who wishes to contest the application of section 105.2 (2) to the motor vehicle may
(a) file an application with the superintendent, and
(b) pay to the superintendent
(i) the prescribed application fee, and
(ii) the prescribed hearing fee.
(2) The application must be in the form, contain the information and be completed in the manner required by the superintendent.
(3) The applicant may attach to the application any sworn statements or other evidence that the applicant wishes the superintendent to consider.
(4) The filing of an application under this section does not stay the impoundment of the motor vehicle.
(5) The superintendent is not required to hold an oral hearing unless the applicant
(a) requests an oral hearing at the time of filing the application, and
(b) pays the prescribed oral hearing fees.
(6) If a person requests an oral hearing and fails to appear on the date and at the time and place arranged for the hearing, without prior notice to the superintendent, the right to an oral hearing is deemed to have been waived by the person.
(7) If an application is made under this section, the superintendent must consider a record maintained by the superintendent respecting any previous impoundment under section 105.1 of a motor vehicle that was, at the time of that impoundment, owned by the applicant.
(8) If, after considering an application under this section, the superintendent is satisfied that section 105.2 (2) does not apply to the motor vehicle, the superintendent must
(a) if the motor vehicle has been impounded for 60 days or less, reduce the impoundment period to 60 days, and
(b) if the motor vehicle has been impounded for more than 60 days
(i) order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner,
(ii) pay to the person having custody of the motor vehicle under the impoundment, that portion of the costs and charges referred to in section 105.4 (2) that applies to any period of impoundment in excess of 60 days, and
(iii) direct that the application and hearing fees paid be refunded to the applicant.
105.9 (1) Any person who
(a) holds a valid licence or permit, issued under this Act or in another jurisdiction, to operate a motor vehicle,
(b) is not prohibited from driving a motor vehicle
(i) under this Act, the Youth Justice Act, the Youth Criminal Justice Act (Canada) or the Criminal Code,
(ii) before April 1, 2003, under the Young Offenders Act (Canada), as it then was, or
(iii) before April 1, 2004, under the Young Offenders (British Columbia) Act, as it then was, and
(c) is cohabiting with the owner of a motor vehicle at the time the vehicle is impounded under section 105.1,
is eligible to apply for the release of the motor vehicle under subsection (2).
(2) An eligible person, within 30 days of the impoundment of the motor vehicle under section 105.1, may apply to the superintendent for the release of the vehicle on the grounds that
(a) the impoundment of the motor vehicle
(i) will cause the eligible person to suffer a loss or curtailment of employment or educational opportunities, or
(ii) will prevent the eligible person, or someone under the care of the eligible person, from obtaining medical treatment, and
(b) the eligible person has no reasonable alternative form of transportation, including public transportation, that would
(i) prevent the loss or curtailment referred to in paragraph (a) (i), or
(ii) allow the medical treatment referred to in paragraph (a) (ii) to be obtained.
(3) The applicant must
(a) apply in a form acceptable to the superintendent,
(b) provide the superintendent with any information the superintendent may reasonably require, and
(c) pay to the superintendent the prescribed application fee.
(4) If the superintendent is satisfied, with respect to an application, that the grounds set out in subsection (2) have been established, the superintendent may,
(a) with the consent of the owner of the motor vehicle, and
(b) on receiving payment of the prescribed vehicle release fee,
subject to the lien described in section 105.4 (2), order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the applicant.
(5) If a motor vehicle has been released under this section during the course of an impoundment that occurred in respect of a particular period of prohibition under a provision referred to in section 105.1 (1), no further application for the release of a motor vehicle may be made under this section with respect to an impoundment that occurred in respect of that same period of prohibition.
105.91 (1) When the impoundment period referred to in section 105.2 has elapsed, the owner or a person authorized by the owner may request that the motor vehicle be released by
(a) completing a request for release of the motor vehicle, and
(b) delivering the request to the superintendent.
(2) The request for release of the motor vehicle must be in the form, contain the information and be completed in the manner required by the superintendent.
(3) Subject to the lien described in section 105.4 (2), the superintendent may, on receiving a request under subsection (1), order that the motor vehicle be released to the owner or a person authorized by the owner.
(4) Unless ordered by the superintendent under section 105.1 (4), 105.7, 105.8, 105.9, 105.93, 105.95 or subsection (3) of this section or by a peace officer under section 105.1 (5), a person must not remove or release, or permit the removal or release of, a motor vehicle impounded under section 105.1 from the place of impoundment until the period of impoundment referred to in section 105.2 has expired.
(5) Subject to section 105.4 (5), a person having custody of a motor vehicle impounded under section 105.1 must release the motor vehicle when ordered by the superintendent.
105.92 The owner of a motor vehicle impounded under section 105.1 may recover from the person who was the driver at the time the motor vehicle was impounded, as a debt in any court of competent jurisdiction, the costs and charges under section 105.4 (2) that the owner has paid with respect to the impoundment.
105.93 If the superintendent is satisfied that a motor vehicle has been wrongfully impounded under section 105.1, the superintendent may
(a) order the release of the motor vehicle from impoundment,
(b) waive any fee, cost or charge payable to the superintendent, and
(c) indemnify the owner of the motor vehicle for any direct cost incurred by the owner in respect of the impoundment of the motor vehicle.
105.94 Money required for the purposes of
(a) a direction under section 94.6 (2) (e), 105.7 (1) (g), 105.7 (2) (f), 105.8 (8) (b) (iii) or 248 (1) (d),
(b) a payment under section 105.1 (4) (b) or (6), 105.7 (1) (f), 105.7 (2) (e), 105.8 (8) (b) (ii), 105.93 (c), 242 (5), 243 (4) (b) or (6) and 248 (1) (c), or
(c) a waiver of any fee, cost or charge under section 105.93 (b),
may be paid out of the consolidated revenue fund without any other appropriation other than this section.
105.95 (1) A person who
(a) is the owner of a motor vehicle impounded under section 104.1 or 105.1 or, if not the owner of the impounded motor vehicle, an authorized representative of the owner, and
(b) has a valid driver's licence and is not prohibited from driving,
may, within 30 days after the start of impoundment of the motor vehicle, apply to the superintendent under subsection (2) for the release of the motor vehicle.
(2) The applicant must
(a) apply in a form acceptable to the superintendent,
(b) provide the superintendent with any information the superintendent may reasonably require,
(c) pay to the superintendent the prescribed application fee, and
(d) establish, to the satisfaction of the superintendent, that the owner is eligible for early release of the motor vehicle on the grounds that
(i) the motor vehicle is used in an active sole proprietorship, partnership or company,
(ii) the sole proprietorship, partnership or company has a reasonable prospect for generating income that is dependent on the impounded vehicle, and
(iii) the prospective income dependent on the impounded vehicle represents a substantial amount of the anticipated income to be earned by the sole proprietorship, partnership or company during the period of impoundment, or otherwise imposes an economic hardship on the sole proprietorship, partnership or company.
(3) If the superintendent is satisfied, with respect to an application, that the grounds set out in subsection (2) (d) have been established, the superintendent may, subject to the lien described in sections 104.5 (2) and 105.4 (2),
(a) with the consent of the owner of the motor vehicle, and
(b) on receiving payment of the prescribed impound release fee,
order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the applicant.
(4) If a motor vehicle has been released under this section during the course of an impoundment that occurred in respect of a particular period for which
(a) the person referred to in section 104.1 (1) failed to hold a subsisting driver's licence issued under this Act, or
(b) the person referred to in section 105.1 (1) was prohibited from driving a motor vehicle,
no further application for the release of the motor vehicle may be made under this section with respect to an impoundment that occurred in respect of that same period.
106 (1) If proof of financial responsibility is required to be given, it must be given by
(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 (8), by filing a certificate in a form approved by the Insurance
Corporation of British Columbia, issued by an insurer authorized to transact
(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 British Columbia with another or others of the provinces of Canada, or extending beyond the limits of British Columbia.
(
(5) An insurer who files a certificate under subsection (4) must notify the Insurance
Corporation of British Columbia of the cancellation of or failure to renew the
(6) If an insurer fails to notify the Insurance Corporation of British Columbia, the
(7) A certificate filed with the Insurance Corporation of British Columbia under subsection (2) must be signed by a person authorized by the insurer.
(8) A certificate issued under paragraph (2) (b) by an insurer not authorized to carry
on in British Columbia the business of
(a) a power of attorney authorizing the Superintendent of Financial Institutions 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, and
(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 Financial Institutions of a notice or process served on the insurer in respect of its insured or of its insured and another or others, and sent by the Superintendent of Financial Institutions to it as provided by section 108, it will immediately cause the notice or process to be personally served on its insured, and
(
107 (1) If an insurer to which section 106 (2) refers is not authorized to carry on in British
Columbia the business of
(2) 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 must at the same time leave with him or her 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.
108 On receipt of notice or process under section 107, the Superintendent of Financial Institutions must immediately mail 2 copies by registered mail to the insurer at its address last known to him or her.
109 In an action or proceeding against an insurer who has given to the Superintendent of Financial Institutions an undertaking under section 106 (8) (b), the plaintiff may give evidence of the undertaking; and the undertaking, for all purposes of the action or proceeding, is deemed a covenant for valuable consideration made by the insurer with the plaintiff.
110 (1) If an insurer that has filed the documents described in section 106 (2) defaults under them, certificates of the insurer must not after that be accepted as proof of financial responsibility so long as the default continues.
(2) The Insurance Corporation of British Columbia must 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.
111 (1) If the owner of a motor vehicle or trailer gives proof of financial responsibility as provided in section 106 (1), the Insurance Corporation of British Columbia must issue and deliver to the owner 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 corporation to be affixed to the lower part of the right hand side of the windshield of the motor vehicle, which decal or sticker is 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 Insurance Corporation of
British Columbia must issue and deliver to the owner 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
(3) A financial responsibility card must set out
(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 out in the motor vehicle or trailer licence relative to it issued under section 3; and
(c) all other particulars required by the Insurance Corporation of British Columbia.
(4) A financial responsibility card must be in a form established by the Insurance Corporation of British Columbia.
112 If the owner of a motor vehicle to whom the Insurance Corporation of British Columbia 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, the owner must immediately deliver to the corporation for cancellation the card and all additional cards so issued to the owner.
113 (1) In this section, "garage and sales agency policy" means a policy of the type commonly known as a garage and sales agency policy, which insures a person against liability for loss or damage to persons or property occasioned by or arising out of the ownership, maintenance, operation or use by the person or the person's employees of a motor vehicle that is either owned by the person or in the person's charge.
(2) If a person is insured by the Insurance Corporation of British Columbia under a garage
and sales agency policy, and, in the opinion of the corporation, the amount in which
the person is insured under the policy is adequate to satisfy all such liabilities
that the person is likely to incur, subject, for each motor vehicle that at any one
time may be operated or used by the person or the person's employees, to the limits
as to amount and covering those benefits prescribed under the
(a) a financial responsibility card to be carried in the vehicle at all times, or
(b) a windshield decal or sticker of a design approved by the corporation to be affixed to the lower part of the right hand side of the windshield of the motor vehicle.
(3) A decal or sticker affixed to a motor vehicle as provided in subsection (2) (b) is deemed to be a financial responsibility card and proof of financial responsibility for all purposes.
(4) On the request of the insured, the Insurance Corporation of British Columbia must issue and deliver to the insured 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.
(5) A windshield decal or sticker issued under subsection (2) must be in a form approved by the Insurance Corporation of British Columbia.
(6) If a person to whom a windshield decal or sticker has been issued under subsection (2) ceases to keep in force the policy of insurance for which the windshield decal or sticker was issued, the person must immediately deliver to the Insurance Corporation of British Columbia for cancellation the unused decals or stickers issued to the person.
114 (1) If the Minister of Finance is satisfied a person who has given security under this Act has produced satisfactory proof that the person has satisfied all claims arising out of the accident in respect of which security was given, the minister must return the security to that person.
(2) If
(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 or her favour,
the Minister of Finance, on receipt of satisfactory proof of these facts, must return the security to the person who paid it.
(3) If the Minister of Finance is unable to locate the person or driver to return the security under this section, that minister must pay it into the consolidated revenue fund.
115 The Insurance Corporation of British Columbia must, on the written request of a person who submits evidence that the person has been injured or the person's property damaged by a motor vehicle, furnish the person with information as to the proof of financial responsibility given by the registered owner of or the person driving or operating that motor vehicle.
116 (1) The Insurance Corporation of British Columbia must, on payment of a prescribed fee, provide a person who requests information with respect to that person as owner, driver or otherwise with an abstract, certified by the corporation, of the record in the corporation's office during the 5 years preceding the request relating to that person and setting out particulars of any conviction, order or judgment made against that person under this Act, or referred to in this Part, and of any motor vehicle registered in that person's name.
(2) Subsection (1) must not be construed as requiring the Insurance Corporation of British Columbia to supply an abstract or information to any person other than the person to whom the abstract or information relates, and if an abstract or information is requested by another person, the corporation may decline to supply it or may supply such parts of it as the corporation considers desirable.
116.1 (1) A director and any employees necessary to carry out the duties and functions of the director under this Act or any other enactment may be appointed in accordance with the Public Service Act.
(2) The director may delegate any or all of the powers, duties and functions of the director under this Act or any other enactment to an employee referred to in subsection (1).
(3) The director has access to
(a) every driver record, motor vehicle record or other record kept by the Insurance Corporation of British Columbia under this Act, the Commercial Transport Act, the Transportation Act, the Passenger Transportation Act, the Motor Fuel Tax Act or the Transport of Dangerous Goods Act, or regulations made under any of them, that the director requires for the purpose of carrying out the director's powers, duties and functions under this Act or any other enactment, and
(b) prescribed records kept by the Insurance Corporation of British Columbia that the director requires to compile information and profiles for the purposes of a regulation enacted under section 212.
117 (1) The superintendent may delegate any or all of the powers, duties and functions of the superintendent
(a) under this Act to persons appointed in accordance with section 118 (2), or
(b) under this Act, except Part 2.1, to the Insurance Corporation of British Columbia.
(2) The Insurance Corporation of British Columbia, in carrying out powers or responsibilities delegated to it under subsection (1), must act in accordance with any directives issued by the superintendent.
(3) For the purposes of subsection (2), the superintendent may issue general or specific directives.
118 (1) An individual must be appointed as the Superintendent of Motor Vehicles under subsection (2).
(2) The superintendent, a deputy superintendent and other officers, clerks and employees necessary to carry out the powers, duties and functions of the superintendent are to be appointed in accordance with the Public Service Act.
(3) Officers and employees necessary to carry out the powers, duties and functions of the Insurance Corporation of British Columbia are to be appointed in accordance with section 4 of the Insurance Corporation Act.
Contents | Part 1 | Part 2 | Part 2.1 | Part 2.2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7
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