British Columbia’s new NDP government appears to have its sights set on stronger penalties for driving offences. Earlier in November, the government increased penalties for distracted driving by raising insurance premiums for those drivers who receive two or more distracted driving tickets in three years.
Previously, that would have cost British Columbians an additional $1,256 in total fines and points, but with the changes announced on Nov. 6, 2017 (to take effect March 1, 2018) the new premiums will cost $1,996.
And now, just 23 days later, BC Government appears to be toughening the minimum penalties for street racing and stunt driving by six-fold! Currently, someone alleged to be street racing or stunt driving will be impounded for seven days and given an immediate 15-day driving prohibition.
The new penalties take effect on Dec. 1, 2017, and increases that 15-day prohibition to a minimum of three months!
Learn more about driving prohibitions in British Columbia.
Street racing, stunt driving penalties are low-hanging fruit
The government’s actions are clear. They’re trying to make themselves look tough for the public, while creating make-work for bureaucrats.
But in some ways, the extension for the driving prohibition period for street racing or stunt driving is not actually a step toward greater road safety.
Currently, when an officer pulls over a driver for suspected street racing or stunt driving, a call is made to RoadSafetyBC, where a telephone hearing is made and the officer describes their allegations. The RoadSafetyBC representative then tells the officer to issue the 15-day prohibition then and there. There are as far as we know no records of this telephone hearing and as a result, the current 15-day prohibition is an automatic, unreviewable driving ban.
The changes being made will result in potentially longer prohibitions, but they will also be reviewable prohibitions that can be challenged.
We successfully challenge these types of driving prohibitions all the time, whether they’re three months, 12 months, or as BC Government is threatening in its latest news release – 36 months.
The length of the penalty does not change the fact that now, government will have to justify the driving prohibition.
BC drivers being taxed to cover up mismanagement at ICBC
In our view, lengthy prohibitions such as these are nothing more than an attempt by government to cash in on BC drivers to cover areas where they’re bleeding money, such as ICBC.
In fact, Government has already admitted that they stand to gain an additional $3 to $5 million per year just from the additional distracted driving penalties described above.
It would appear that the provincial government has been listening a little too closely to a very small, select group of stakeholders: mainly the police.
Funny enough, the same police officer, Chief Neil Dubord of Delta Police, is quoted in both news releases this month supporting the stronger penalties, implying that this is what police have been waiting for all along.
“We were consulted on the new approach and believe it will make B.C.’s roads safer,” Dubord said in his government statement.
New street racing, stunt driving penalties means more work for lawyers
If one thing is clear, it is BC’s drivers who are being punished as part of these knee-jerk schemes made to make the government look tough on traffic crime.
These changes will also mean more work for lawyers on both sides, and we do not envy the government lawyers who now have to deflect the impending fallout that will inevitably result from this in the form of more drivers reviewing their prohibitions.
While these driving prohibitions sound scary on the surface, they can be contested. Contact our law office, we can prepare a thorough defence for your case to increase your chances of having that driving prohibition revoked. 604-685-8889.