A lot of people receive letters as a result of getting one, or several, tickets. These letters purport to refer the drivers to the “Driver Improvement Program.” But there is very little information about what the Driver Improvement Program in BC is, or how you complete the Driver Improvement Program.
This blog post helps to explain this program.
What is the BC Driver Improvement Program?
The name can be very misleading, as the Driver Improvement Program is not really a program at all. When we think of programs, we typically think of courses or steps that people take to complete a series of actions. The goal, implied in the name of the program, is to improve driving.
But the reality is that there is really no program at all. The Driver Improvement Program is a name used by RoadSafetyBC for a series of actions that ICBC will take against your driver’s license on the basis of what it perceives to be a poor driving record. These actions can range from a warning letter, to being put on probation, to a notice of intent to prohibit your license, to a notice of prohibition.
What step you are given in the Driver Improvement Program in BC will depend on your driving record, how many tickets you have had, how much experience you have driving, whether you have your N, and the types of tickets you have had.
If you want to know more about you relative levels of risk for losing your license, you can check out my earlier blog post on this topic here.
Can I dispute a referral to the Driver Improvement Program?
The answer to this question is, “it depends.”
If you receive a Notice of Intent to Prohibit your license, you can dispute that. You have twenty-one days from the date on the notice to write to the Superintendent of Motor Vehicles to explain why you should not be prohibited from driving. The Superintendent will consider whether your need to drive outweighs the public interest in prohibiting you from driving. In determining this, the Superintendent takes into consideration your driving history, your personal circumstances, and the impact the driving prohibition will have on your employment, family, and community service activities.
If you receive a Notice of Prohibition from driving, then you can also dispute it. There are two avenues to dispute a Notice of Prohibition.
The first is by writing in, much like you would if you were issued a Notice of Intent to Prohibit. You can explain why you need to drive and how losing your license would impact you in a negative way. In order for the Superintendent to consider your submission, however, you must acknowledge and start serving the prohibition from driving. This can be difficult, as the prohibition often is as long as the Superintendent will take to address the dispute.
The second option to dispute a Notice of Prohibition from driving is to file an appeal in BC Supreme Court within 30 days of the date on the Notice. This is known as a “Statutory Appeal.” A judge will then review the prohibition and other relevant evidence and determine whether the decision to issue the prohibition was correct.
You can always contact my office to ask questions about whether you can dispute your Notice of Intent to Prohibit or Notice of Prohibition.
If you receive a warning letter, or a notice that you are on probation, there is no dispute process for that. However, if the tickets that are on your record that have triggered the warning or the probation have not yet been paid, you could get the notice cancelled by filing a late dispute of your traffic ticket.
A late dispute of any tickets on your record may also be an option you want to consider in response to a Notice of Intent to Prohibit or a Notice of Prohibition. If you have not paid the ticket, you can apply for a late dispute. If the late dispute is granted, the driving prohibition may be rescinded. This is why you should always dispute your tickets.
What Should I do if I get a Warning Letter?
If you get a warning letter as part of the Driver Improvement Program BC, or are put on probation, you should seriously consider disputing any tickets that you have not yet paid. Take a look at the driving record you received in the mail and see if all or some of your tickets are reflected on the record.
If you have received tickets that are not reflected on the driving record you received in the mail, then you should absolutely file them in dispute. If they end up on your driving record, the next letter you will get will inform you of a driving prohibition. If you have the tickets already in dispute you can consider hiring a lawyer to assist you.
If all your tickets are reflected on your record, consider whether you are able to file a late dispute of them. You can always contact our office to ask for advice on whether any of your tickets are eligible for a late dispute.
Sarah in our office has an excellent record fo success in filing late disputes for traffic tickets. Sarah MacDonald is able to talk to you about your ability to file a late dispute and the steps that you can take, or the steps that she can take if you hire Sarah to handle your late dispute. That way, the ticket can be temporarily removed from your driving record.
If you need assistance in disputing a ticket, or in disputing a referral to the Driver Improvement Program, please do not hesitate to contact me or anyone at my office.
