RoadSafetyBC, also known as the Superintendent of Motor Vehicles, is the main government agency responsible for controlling the roads in British Columbia.
It has the power to ban drivers who have been deemed high-risk from the road. Drivers are deemed high risk if they accumulate penalty points or they are convicted of certain offences under the Motor Vehicle Act or the Criminal Code such as excessive speeding, distracted driving, and impaired driving. There are a number of measures RoadSafetyBC might take to encourage drivers to change their dangerous behaviour before issuing a suspension.
These interventions usually take the form of letters from ICBC. If you receive one of these letters in the mail, you may well ask yourself what they mean for your driving status. Let’s take a look at the different notices the Superintendent has the power to issue.
If you receive an NOI, don’t ignore it. You only have 21 days to submit an appeal.
Offence Letter
These are sent to tell drivers that their driving record is being monitored. If you receive one, it means that you may be subject to further action if you commit any more driving offences.
New drivers may receive an offence letter along with two to six driver penalty points regardless of whether they have previous prohibitions or not.
Warning Notice
A Warning Notice or Letter is sent to tell drivers that their driving records are being monitored and if they don’t improve their driving behaviour, they may be suspended from driving.
Warning Letters may be sent when a driver accumulates nine to 14 driver penalty points within the previous two years.
Notice of Driver Probation
Not to be confused with a Notice of Intent to Prohibit. When a driver is put on probation, their driving record is put under close scrutiny and any further traffic convictions will trigger a driving prohibition.
A Notice of Driver Probation may be sent out when an experienced driver incurs 15 to 19 driver penalty points within the previous two years.
Notice of Intent to Prohibit
RoadSafetyBC will issue a Notice of Intent to Prohibit (NOI) when it is deemed to be in the public interest.
If you receive an NOI you have 21 days to do one of the following:
- Begin the driving prohibition immediately by signing and returning the letter; or
- Make what is called an Application for Review explaining why you should not lose
your driving privileges
If you choose the first option, you can still write to appeal the NOI, however, the prohibition is in effect until a decision is made. If you do not reply, the prohibition will automatically begin after 21 days. If you commit another driving violation within six months of receiving an NOI, you will automatically be suspended.
A Notice of Intent to Prohibit may be sent out when an experienced driver incurs anywhere between 15 and 49 points in a two-year period. The threshold is even lower for Class 7 drivers who hold N or L licences at just two to six points.
Notice of Prohibition
A Notice of Prohibition may be issued when:
- A driver has accumulated more points within six months of a probation or prohibition.
- A Notice of Intent to Prohibit is upheld after a review.
- No Application for Review is filed after 21 days of receiving an NOI.
- An additional term of prohibition is added to a prohibition already in effect.
- A driver loses a dispute leading to a change in their driving record.
- A driver has been convicted of an offence while on probation.
- An ICBC or RoadSafetyBC Adjudicator determines that a driving prohibition is in the public interest.
When you receive a Notice of Prohibition and sign it, the driving prohibition will start immediately. If you return it without signing it then the driving prohibition is not in effect but remains outstanding.
An experienced driver may receive a Notice of Prohibition when they incur anywhere between 15 and 49 points within a two-year period.
Referral to RoadSafetyBC for Adjudication
You may receive a Referral to RoadSafetyBC for Adjudication when:
- You accumulate more than 50 penalty points within a two-year period
- A police report is on file
- The Superintendent deems it necessary
Depending on the adjudicator’s decision, this may result in a driving prohibition.
What to do if you receive one of these notices
Some of these RoadSafetyBC notices function as warnings to the driver. Others are more serious and you may want to consider hiring a lawyer. If you receive an NOI, don’t ignore it. You only have 21 days to submit an appeal. You should consider hiring a lawyer to help you with your appeal. They can take a look at the circumstances that lead to the NOI, as well as your driving record, and determine the most effective arguments.
RoadSafetyBC adjudicators are civil servants, not legally trained professionals. If they make an error of judgment by refusing an appeal, there is recourse to take it further to the BC Court of Appeal.
Losing your driving privileges can be severely restricting. Don’t accept the word of the Superintendent at face value. Hire a lawyer to fight a prohibition and stay on the road. We regularly write NOI appeal letters for our clients and we know which arguments succeed.
Call us today for a free consultation on 604-685-8889.