A Notice of Intent to Prohibit is issued to a driver who is at risk of having their driving privileges prohibited due to an accumulation of driving penalty points.
Before a Notice of Intent to Prohibit is issued, an ICBC Adjudication Representative will consider your five-year driving record whether you meet one or more of the following criteria:
- The requisite point level has been exceeded
- The driver accumulates more points within two years, but after six months of a prohibition or probation
- An experienced driver commits two or more high-risk offences within a one-year period
- The driver has been convicted in the USA of an offence that is equivalent to a Canadian Criminal Code motor vehicle-related offence
- The ICBC Adjudication Representative determines that a driving prohibition is in the public interest.
Despite this, you can dispute a Notice of Intent to Prohibit.
If you receive a Notice of Intent to Prohibit, you can apply for a review and attach a written submission detailing why a driving prohibition should not proceed or should be reduced to a shorter period. Submissions must be sent within twenty-one days from the date of the Notice of Intent to Prohibit. If this is not done, you will be issued a Notice of Prohibition. This Notice will be discussed in the next section.
If you receive a Notice of Intent to Prohibit, you should:
- Review the Notice of Intent to Prohibit: You must read the notice to understand the reasons for the intended prohibition and the specific offence(s) cited. The notice will detail the offence(s) and the number of points accumulated.
- Gather evidence: You must collect any evidence that may support your case. This includes your driving records, witness statements, or documentation which explains or mitigates the offences. Evidence can include proof of attending a RDP, or medical records of health issues contributing to the penalties.
- Submit a written dispute: You must submit a written argument to the Superintendent of Motor Vehicles. This submission must explain why you believe the prohibition should not be enforced. You can include all relevant evidence and a clear explanation of your circumstances. You must address each point raised in the notice comprehensively. You must submit your submission within twenty-one days after receiving your Notice of Intent to Prohibit.
- Wait for a decision: After reviewing your submission, the Superintendent of Motor Vehicles will decide and notify you of the outcome. If the prohibition is upheld, you will receive details on the suspension period and any conditions for reinstatement. You may have the option to appeal the decision if you believe it was unjust.
If you make an application for review, the submission will be considered prior to any decision being made by an Adjudicator. Whereas, if you do not make a written submission, a Notice of Prohibition will be sent. However, a Notice of Prohibition may be issued without first giving a Notice of Intent to Prohibit.
The Notice of Intent to Prohibit is a warning, not a final prohibition. You can still drive after receiving a Notice of Intent to Prohibit. However, if you do not request an appeal within the twenty-one-day period, or if your appeal is unsuccessful, your prohibition will come into effect. Once it does, you will be required to stop driving.
Letter in the mail to prohibit a licence.
A prohibition from driving is the most severe intervention under the Driver Improvement Program.
If you don’t appeal your Notice of Intent to Prohibit with a written submission within twenty-one days, you will be issued a Notice of Prohibition. A Notice of Prohibition may also be issued without the issuance of an Notice of Intent to Prohibit.
Under section 93 of the MVA, the Superintendent of the Superintendent of Motor Vehicles, will issue a Notice of Prohibition. This letter is a critical communication in the Driver Improvement Program.
A Notice of Prohibition may be issued when:
- The driver has accumulated more points within the six months of a probation or prohibition
- The Notice of Intent to Prohibit is upheld after a review
- An additional term of prohibition is added to a prohibition already in effect
- The driving record changes due to a dispute
- The driver has been convicted of another offence while on probation
- The ICBC Adjudication Representative or RoadSafetyBC Adjudicator determines that a driving prohibition is in the public interest
Contents of the prohibition letter
- Reason for the prohibition: The letter will explain the reasons for the intended prohibition. It will specify the violations and the total number of points accumulated. It will provide transparency and allow you to understand the severity of the traffic offence(s) committed.
- Effective date: The letter will include the date on which the prohibition will take effect, if you are not successfully in your appeal. It will specify a clear timeline to prepare your appeal and whether you will choose to contest the prohibition.
- Consequences: The letter also details the length of the suspension and any conditions which must be met for the successful reinstatement of your driving privileges. This includes information on mandatory courses or programs you must complete before your licence is reinstated.
Receiving this letter is a serious matter. Drivers should act promptly to understand their rights and options for disputing the prohibition.
Appealing a Notice of Prohibition
If you are served a Notice of Prohibition, you have two pathways to dispute it. You can follow the process above to send out a submission just like you would with a Notice of Intent to Prohibit your license. The only difference is that you may end up having to serve the prohibition while the Superintendent of Motor Vehicles is considering your submission.
You can also appeal the prohibition in BC Supreme Court. You have thirty days from the date you sign the Notice of Prohibition or an Acknowledgement of Prohibition from Driving form to appeal the prohibition to the B.C. Supreme Court.
You will be responsible for the costs of the appeal.
The prohibition remains in effect during this review period. This means that you are prohibited from driving while the appeal is in progress. However, the court may order a stay of driving prohibition, which will allow you to drive.
The Driver Improvement Program plays a vital role in promoting road safety by targeting high-risk drivers through a structured system of points, warnings and prohibitions. Understanding the components of the Driver Improvement Program, the steps for disputing a Notice of Intent to Prohibit, the points system and how ICBC monitors and manages your driving record is crucial.
Following traffic laws and taking proactive measures can help you avoid severe consequences of license suspension and contribute to a safe driving environment for all drivers.