Vehicles You Can Drive with a Suspended License

One question we often encounter is what vehicles people are permitted to drive with a suspended license. You can be prohibited from driving for many reasons in British Columbia. You can be prohibited because you got an Immediate Roadside Prohibition, or from having too many tickets. Or you can be subject to an indefinite suspension because you owe ICBC money or are behind on your spousal or child support payments.

The government has a stranglehold on your license. They can take away your license for almost any reason imaginable.

Are there any vehicles you can drive with a suspended license?

We commonly deal with cases where people are charged with driving while prohibited because they were riding a 49 cc scooter or other small motorcycle or dirt bike, under the mistaken belief that they are not required to have a license to do so. If you are prohibited from driving, you are not permitted to drive these vehicles on a roadway. But that does not mean that you are completely out of luck.

Motor-assisted cycle

The only vehicle that an unlicensed driver is permitted to drive with a suspended license is a motor-assisted cycle. And this blog post will explain what a motor-assisted cycle is in the hopes that no one is charged with prohibited driving based on this mistaken understanding of the law again.

A motor-assisted cycle is defined in the Motor Vehicle Act as a device to which pedals or hand cranks are attached that will allow the device to be propelled by human power.

The Act also permits ICBC to prescribe the output for the motor-assisted cycle or any other features about it. And that’s where things get tricky. ICBC has distinguished between vehicles that do not require insurance and vehicles that do not require licenses. However, many ICBC employees and members of the public do not understand the distinction. So a phone call to ICBC or a seemingly-informed friend might persuade a person that they can ride a small scooter without a license.

This is not the case. Don’t do it. You will be charged.

The regulations by ICBC for what constitutes a motor-assisted cycle are as follows:

Electric motor

First, the motors must be electric motors. No gas or diesel-powered engines allowed. The motors must have continuous power ratings that do not exceed 500 watts. The motor must not permit the vehicle to travel any faster than 32 kilometres per hour.

An arbitrary and strange number, but okay.

Wheels

Second, there are requirements for the wheels. The wheels cannot be less than 350 millimetres in diameter and no more than three wheels can be in contact with the ground at any point.

Requirements when switched off

There are also requirements for shut-off equipment. The vehicle must have a mechanism that is separate from the accelerator that allows the driver to turn the motors on and off from the normal seated position and that prevents the motor from running at any speed below 3 kilometres per hour.

So at or below three kilometres per hour, the vehicle must only be capable of being propelled by human power.

Furthermore, the motors have to disengage automatically if the rider stops pedalling, the accelerator controller is released, or the brakes are applied. So essentially, the motor can only be running if you are also pedalling the bike. Otherwise, it is a motor vehicle and you need a license to ride it.

Brakes are also heavily regulated, requiring the cycle to have brakes on all wheels or each axle which are capable of stopping the cycle completely within 9 meters of the point at which the brakes are applied while travelling at a speed of 30 kilometres per hour.

Other regulations

There are also some miscellaneous regulations, including that the electronics have to be securely affixed to the vehicle and completely insulated or covered. The vehicle also cannot be powered by a generator, alternator, or another device. This is to ensure that it is human power that propels the motor and not the other way around.

Finally, a person who is under 16 is still not permitted to ride a motor-assisted cycle. Sorry kids, you still have to wait to get a license for this one.

What to do if you get a driving prohibition

If you have a prohibited license, you can still get around. It won’t be easy, but there are some vehicles you can drive with a suspended license. So if you find yourself suffering from one of the myriad driving prohibitions available in British Columbia, follow this guide before you end up facing more significant consequences for driving while prohibited.

If you get a driving prohibition, your only chance of legally driving again, before your suspension ends, is to overturn it in court. Call us on 604-685-8889 for a free consultation.