If your driving record is deemed unsatisfactory by the BC Superintendent of Motor Vehicles, you will face a driving prohibition letter notifying you that you are going to get a driving prohibition. It is useful to understand the legal process behind a driving prohibition letter that comes from having a bad driving record.
The legal rules for a driving prohibition letter
Regulating the behaviour of drivers is an obligation of the provincial government. Regulating is different than policing or dealing with penal matters. The police, crown prosecutors and the courts deal with penal matters such as criminal and Motor Vehicle Act offences. The penal systems deal with whether an individual is guilty of an offence and if so, then determining the appropriate punishment.
A driving prohibition letter falls under the legal rules concerning regulating. Regulating is different. It does not deal with guilt or innocence. A regulatory system is designed to address concerns before they become a problem. The purpose of a regulatory scheme is to correct behaviour moving forward. Regulatory schemes do not have findings of guilt such as would appear on a criminal record. There is never a possibility of incarceration.
The Role of the Superintendent of Motor Vehicles
Common to a regulatory model is a Superintendent who is authorized to make the regulatory model work. Various regulatory systems have a Superintendent. Decision makers in the BC Superintendent of Motor Vehicles’ office are authorized to make certain decisions regarding the regulation of drivers. These decision makers are referred to as “delegates.” The decisions can be made on the basis of information lawfully before the delegate, such as a BC driving record or a report of a police officer.
The preliminary decision of the delegate
The delegate may make a decision that a person’s driving record is unsatisfactory. When they make such a decision, they then send the driver a driving prohibition letter. The first letter is called a “Notice of Intent to Prohibit.”
The purpose of the Notice of Intent to Prohibit is to comply with the legal requirement that a person be permitted to make submissions to the delegate before the delegate makes a final decision. It is considered a principle of justice that the person affected may make their best legal argument to the delegate who makes the decision. The Superintendent of Motor Vehicles did not always follow this procedure. Under pressure from lawyers the Notice of Intent to Prohibit system was adopted to comply with this legal requirement.
What does it mean to get a driving prohibition letter?
When the Superintendent of Motor Vehicles sends you a driving prohibition letter, it means that the delegate has reviewed recent convictions or notations on your driving record and determined that the way to correct your bad behaviour is to reprimand you by way of a driving prohibition. The effect of the driving prohibition on you is not a consideration at that point. The relevant legal principles are protection of the public and rehabilitation of the driver.
The letter itself notifies you that you have 21 days from the DATE OF THE LETTER to get your submissions filed. The quality of the submissions is crucial because this is your one opportunity to explain to the delegate why they should not follow through with the prohibition in the driving prohibition letter. In most cases, your lawyer, given enough time, will craft a plan to address the legal considerations and then get the letter filed within the 21-day window.
The delegate considers the submissions
When the submissions come before the delegate, even though all of the material is in writing, the delegate conducts the procedure for a hearing. What this means is that the delegate must fulfill procedural requirements to ensure the process is fair. In circumstances such as a driving prohibition letter, the delegate must err on the side of caution because of the significant detrimental effect on the driver. The delegate will only consider the material that is reliable and lawfully before them, which is the driving record and the submissions made on your behalf. They will read the entire record of material that they have before them and weigh the relevant concerns. The decision must be made for a proper purpose, meaning that the adjudicator cannot take into account their own personal views but must be guided by their mandate under the Motor Vehicle Act and their delegated authority.
The decision of the adjudicator
The delegate’s decision comes in the form of a letter which you receive in the mail. The decision must be understandable on the face of it and it must be clear how the delegate came to the decision. The delegate will explain how your submissions were considered and the relevant legal principles behind their decision. The goal of your lawyer is to persuade the adjudicator to vary the view expressed in the original driving prohibition letter. The best case scenario is that the driving prohibition is cancelled. Weighing the competing interests is a complex process.
What to do if you get a driving prohibition letter
If you get a driving prohibition letter, contact your lawyer immediately. Chances are that you’ve already lost a few days by the time you have the letter in hand. Your lawyer will work out an action plan with you to ensure that they are in the best position to address the particular concerns and legal principles that arise in your case. This can take time and to do it right you need to ensure that your lawyer has as much time as possible to make the best submissions possible for you.