1. The Driver Improvement Program
The Driver Improvement Program (DIP) is designed to preemptively correct dangerous driving behaviour. This “program” ultimately acts as a series of restrictions that can be imposed on you to correct what are deemed to be unsafe habits on the road. The DIP’s impact on drivers can range from simple warning letters to complete prohibitions on driving. Dangerous driving habits are identified in a number of different ways. These include penalty points (commonly referred to as demerits), offences under the BC Motor Vehicle Act, criminal charges, and through actions taken by the police, which in turn are noted on a driver’s record.
The potential interventions are determined by the type, timing, and severity of the infractions listed on the driver’s record. Additionally, the current type and class of license as well as your overall driving experience will be considered. The superintendent of Motor Vehicles (superintendent) makes the determination on what type of action is necessary, although the authority to make decisions is often passed along to the Insurance Corporation of British Columbia (ICBC) and to RoadSafetyBC, a division of the Ministry of Public Safety and solicitor General.
2. Driver Penalty Points
Driver’s who are deemed to have engaged in dangerous behaviour can be assessed penalty points. Not all violations will result in penalty points, but those that do range from 2-10 points per violation. For a full list of how many points will be assigned for each driving infraction, see icbc.com.
The amount of points that will result in a license suspension depends on your experience as a driver. “New drivers” (N) are deemed to be at a higher risk of causing accidents, so they require less penalty points before a suspension is issued. ‘N’ drivers who receive 2 or more points will also face a license suspension. Experienced drivers, those who have been driving for at least 2 years without an ‘N’ license, can accumulate no more than 14 points before prohibitive action will be taken.
It’s important to note that exceeding these point limits is not the only way that your license can be suspended. An experienced driver who has committed 2 or more “high-risk offenses” within a one-year period will have their license suspended, even if the point total from these offences is less than the acceptable limits mentioned above.
3. Notice of Intent to Prohibit
Before having your license suspended, you will usually receive a Notice of Intent to Prohibit by mail from ICBC. In deciding whether to send a notice, the ICBC representative will review your driving record from the past 5 years and may send you a notice if any of the following apply:
- You have exceeded the total number of points available.
- You have accumulated more points (through driving infractions) within 2 years of probationary term and/or within 6 months of a driving probation.
- As an experienced driver, you have committed 2 or more “high-risk” offenses within a 1-year period.
- You have been convicted of a USA driving infraction that is equivalent to a driving related offence under the Criminal Code of Canada.
- The ICBC representative, after reviewing your driving record, has determined that suspending your license is in the public’s best interest.
4. Disputing a Notice of Intent to Prohibit
Once you receive a Notice of Intent to Prohibit you have 21 days from the date of the notice to file a dispute. This date can be found on the top right hand corner of the form. The dispute process requires you to send a letter, addressed to the superintendent, that explains why you should be allowed to continue driving despite the infraction on your driving record. At the very least, you can argue to have the length of the prohibition period reduced. The superintendent will weigh the potential harm to the public against the hardship caused to you. For example, the superintendent will consider how suspending your license will impact your employment and/or community service contributions.
5. Notice of Prohibition
There are some circumstances where a Notice of Intent is not given prior to the suspension of your license. In this situation you will receive a letter entitled “Notice of Prohibition”.. After receiving this notice, you will be obligated to acknowledge that you have received it. This can be done by signing, dating, and returning the form, at which point the prohibition will be in effect. Acknowledging the notice to prohibit can also be done by visiting an ICBC location. Both methods require surrendering one’s license.
If you do not acknowledge the notice, then an “outstanding prohibition” will be listed on your driving record. This could result in the police personally serving you with the notice. The outstanding notice will remain on your driving record indefinitely, even if you challenge the suspension at a later date. If your license has been suspended you can apply for a new one only after serving out the prohibition period and by meeting any other requirements imposed on you by RoadSafetyBC. However, there are ways to contest a Notice to Prohibit and stop this altogether.
The first method is to apply for review of the notice, which is very similar to disputing a Notice of Intent to Prohibit. It requires you to send in a letter explaining why the prohibition should not be imposed. The review process considers how your need to drive outweighs the potential benefit to public safety that would come from a prohibition of driving privileges. There is no need to formally acknowledge the notice to prohibit before beginning the review process, as ICBC cannot refuse these applications on the grounds that the notice is outstanding. That said, there is no obligation for this review to be completed within a certain timeframe. Whether you have acknowledged the Notice or not, your license will be considered suspended for that duration of this review process.
The other method for challenging a Notice to Prohibit is by appeal through the Supreme Court of BC. Unlike with the first method, this does require you to sign, date, and return the notice. Drivers then have 30 days from this date to file their appeal with the Supreme Court. The prohibition will be in effect during the process. It is important to note that this 30-day deadline is firm and is not extended because a person has previously filed a review. Drivers are also responsible for all costs associated with the appeal process.
