1995 Legislative Session: 4th Session, 35th Parliament
FIRST READING


The following electronic version is for informational purposes only.
The printed version remains the official version.


HONOURABLE JACKIE PEMENT
MINISTER OF TRANSPORTATION
AND HIGHWAYS

BILL 25 -- 1995

MOTOR VEHICLE AMENDMENT ACT, 1995

HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 Section 23 of the Motor Vehicle Act, R.S.B.C. 1979, c. 288, is amended

(a) in subsection (1) by striking out "of a class appropriate to the category of motor vehicle driven or operated by him", and

(b) by adding the following subsection:

(2.1) A person who holds a subsisting driver's licence under this Act commits an offence if the person, except when accompanied by a person authorized by the superintendent to examine persons as to their ability to drive and operate motor vehicles, drives or operates, on a highway, a motor vehicle of a category other than a category designated for the class of driver's licence held by the person.

2 Section 24 is amended

(a) in subsection (6) by striking out "and" at the end of paragraph (b) and by adding the following paragraph:

(b.1) a minimum waiting period before holders of those licences may submit themselves to examinations under this section with respect to their ability to drive or operate a motor vehicle, and , and

(b) by adding the following subsections:

(6.1) For the purposes of subsection (6) (b.1), the superintendent may

(a) approve driver education courses given by a driver training school licensed under the regulations, and

(b) reduce the minimum waiting period prescribed under that subsection for persons who have successfully completed a driver education course approved under paragraph (a).

(7.2) Without limiting subsection (7), the superintendent may, by regulation,

(a) impose a condition on the driver's licence of a class of persons who have held a driver's licence, whether issued under this Act or in another jurisdiction, for less than the minimum prescribed period, that the holder of the licence must not operate a motor vehicle while having alcohol in his or her body,

(b) prescribe the minimum period for the purposes of paragraph (a), and

(c) establish the period during which the condition referred to in paragraph (a) is imposed on the licence.

(7.3) A regulation imposing the condition referred to in subsection (7.2) (a) applies only to a driver's licence issued after the regulation is effective.

3 Section 76 (3.1) (a) is amended by striking out "section 23 (1)," and substituting "section 23 (1) or (2.1),".

4 The following sections are added:

Liability of owner for speeding violations

76.1 (1) In this section "owner" includes

(a) a person in possession of a motor vehicle under a contract by which the person may become the owner on full compliance with the contract, and in whose name alone the motor vehicle is registered, and

(b) a person who rents or leases a motor vehicle from another person.

(2) The owner of a motor vehicle is liable for the contravention of section 145, 151 (1), (3), (5) or (7), 152 or 152.1 (1) if evidence of the contravention was gathered through the use of a prescribed speed monitoring device.

(3) An owner is not liable under subsection (2) if the owner establishes that

(a) the person who was, at the time of the contravention, in possession of the motor vehicle was not entrusted by the owner with possession, or

(b) the owner exercised reasonable care and diligence in entrusting the motor vehicle to the person who was, at the time of the contravention, in possession of the motor vehicle.

(4) If an owner is liable under this section, in place of the fine or term of imprisonment specified in an enactment for the offence, a fine of not more than $2 000 may be imposed.

(5) On a prosecution of the owner of a motor vehicle for an offence under this section, the burden is on the defendant to prove that

(a) the person in possession of the motor vehicle was not a person entrusted by the owner with possession, or

(b) the registered owner is not the owner.

(6) No owner is liable under subsection (2) with respect to any offence if the driver has been convicted of

(a) the same offence, or

(b) an included offence

arising out of the same circumstances.

(7) If an owner of a motor vehicle is convicted of an offence under this section, the owner is deemed to have been the driver of the motor vehicle at the time of the contravention for which the owner is liable.

(8) The Lieutenant Governor in Council may prescribe a speed monitoring device for the purpose of subsection (2).

Certificate as evidence

76.2 (1) In this section "enforcement officer" means an enforcement officer as defined in the Offence Act.

(2) An enforcement officer may, for the purpose of providing evidence of an offence

(a) by an owner of a motor vehicle under section 76.1 (2), or

(b) by another person under a provision referred to in section 76.1 (2) if evidence of the offence was gathered through the use of a speed monitoring device prescribed for the purpose of that section,

complete and sign a certificate in the prescribed form.

(3) A certificate of an enforcement officer completed and signed under subsection (2) is, without proof of the signature or official position of the person giving the certificate, evidence of the facts stated in the certificate.

(4) A person against whom a certificate referred to in subsection (2) is produced may, with leave of the court, require the attendance of the enforcement officer who completed and signed the certificate for the purpose of cross-examination.

(5) An enforcement officer who completes and signs a certificate in the prescribed form under this section must promptly send the certificate to the superintendent.

(6) The superintendent must keep a record of every certificate sent to the superintendent under subsection (5).

(7) The Lieutenant Governor in Council may prescribe the form and content of a certificate for the purposes of this section.

5 The following sections are added:

Suspension of driver's licence

83.1 (1) Despite the fact that a person is or may be subject to a prohibition from driving or another licence suspension, if the superintendent considers it to be in the public interest, the superintendent may, with or without a hearing, suspend a person's driver's licence on which a condition has been imposed under section 24 (7.2) if the person

(a) has been subject to a licence suspension under section 83.3,

(b) has been prohibited from driving under section 214, or

(c) has a driving record that, in the opinion of the superintendent, is unsatisfactory.

(2) In forming an opinion as to whether a person's driving record is unsatisfactory, the superintendent may consider the whole or any part of the person's driving record, including but not limited to any part of the driving record previously taken into account

(a) by the superintendent in suspending the person's driver's licence under this section, or

(b) by a court or by the superintendent in making any order prohibiting the person from driving a motor vehicle.

(3) If the superintendent suspends the driver's licence of a person under this section on the grounds of an unsatisfactory driving record, that suspension must not be held to be invalid on the grounds that the superintendent did not examine or consider other information or evidence.

(4) If a person's driver's licence is suspended under this section, the person's right to apply for or obtain a driver's licence is deemed to be suspended.

Appeal of driver's licence suspension

83.2 (1) Every person whose driver's licence is suspended under section 83.1 may, within 30 days after the person receives notice of that suspension, appeal the suspension to the Supreme Court.

(2) The appellant must, at least one month before the hearing, serve the superintendent, either personally or by registered mail, with a copy of the appel lant's notice of appeal and notice of the date of the hearing.

(3) The court to which an appeal is made under subsection (1) must

(a) dismiss the appeal, or

(b) allow the appeal and order the superintendent to terminate the licence suspension imposed under section 83.1.

12 hour suspension

83.3 (1) In this section:

"approved screening device" means a device prescribed for the purposes of this section;

"driver" means a driver who holds a driver's licence on which a condition is imposed under section 24 (7.2) and includes any such person having the care or control of a motor vehicle on a highway or industrial road whether or not the motor vehicle is in motion.

(2) A peace officer may, at any time or place on a highway or industrial road if the peace officer has reasonable and probable grounds to believe that a driver has alcohol in his or her body,

(a) request the driver to drive the motor vehicle, under the direction of the peace officer, to the nearest place off the travelled portion of the highway or industrial road, and

(b) by demand made to that driver, require the driver to promptly provide a sample of breath that, in the opinion of the peace officer, is necessary to enable a proper analysis of the breath to be made by means of an approved screening device and, if necessary, to accompany the peace officer for the purpose of enabling that sample of breath to be taken.

(3) If

(a) a driver, without a reasonable excuse, fails or refuses to comply with a demand made under subsection (2) (b), or

(b) the peace officer, pursuant to an analysis of the breath of the driver under subsection (2) (b), has reasonable and probable grounds to believe that the driver has alcohol in his or her body,

the peace officer may

(c) serve the driver with a notice of licence suspension, and

(d) if the driver is in possession of a driver's licence, request the driver to surrender that licence.

(4) If a peace officer requests a driver to surrender the driver's licence under subsection (3) (d), the driver must promptly surrender the driver's licence to the peace officer.

(5) Unless the licence suspension is terminated under subsection (6), the person's driver's licence is automatically suspended for a period of 12 hours from the time the peace officer served the driver with a notice of licence suspension under subsection (3) (c).

(6) If a driver who is served with a notice of licence suspension under subsection (3) (c) produces, to a peace officer having charge of the matter, a certificate of a medical practitioner that

(a) states that the blood alcohol level of the driver did not exceed 3 mg of alcohol in 100 ml of blood at the time the certificate was signed, and

(b) was signed after the person's driver's licence was suspended,

the suspension of the driver's licence is terminated.

(7) A peace officer acting under subsection (3) need not hold the opinion that the blood alcohol level of the driver exceeds 3 mg of alcohol in 100 ml of blood.

(8) If a peace officer serves a notice of licence suspension under subsection (3) (c), the peace officer must cause a report of the suspension to be delivered to the superintendent unless the suspension is terminated under subsection (6).

(9) The report referred to in subsection (8) must be in a form established by the superintendent.

(10) The Lieutenant Governor in Council may prescribe an approved screening device for the purposes of this section.

Driving while suspended

83.4 (1) Every person who holds a driver's licence on which a condition has been imposed under section 24 (7.2) commits an offence if the person drives a motor vehicle on a highway or industrial road knowing that the person's driver's licence has been suspended under section 83.1 or 83.3.

(2) If a person is charged with an offence under subsection (1), the court hearing the charge may admit into evidence a certificate of the superintendent stating the information required by subsection (3).

(3) If a person is charged with an offence under subsection (1), the certificate referred to in subsection (2) must state that the suspension was in effect on the date of the alleged offence and that the records of the superintendent

(a) show that a notice of suspension was mailed by certified mail to the person at the person's most recent address recorded in the records of the superintendent and that the superintendent subsequently received a Canada Post certified mail delivery card showing a recipient's signature that, from a comparison with the signature on the records of the superintendent, appears to be that of the person to whom the notice of suspension was sent,

(b) contain a document that

(i) indicates that the person charged

(A) has acknowledged that the person's driver's licence is suspended, or

(B) has acknowledged that the person has received from the superintendent a notice of suspension, and

(ii) is signed by a signature that, from a comparison with the signature on the records of the superintendent, appears to be that of the person whose driver's licence was suspended or to whom the superintendent mailed a notice of suspension, or

(c) contain a document that indicates that the person charged has surrendered the person's driver's licence to the superintendent subsequent to receiving from the superintendent a notice of suspension.

(4) If the certificate of the superintendent is admitted into evidence, it is proof that the defendant had knowledge of the suspension in effect at the time of the alleged offence unless the person proves, on the balance of probabilities, that the person did not know of the suspension.

(5) This section applies to any document contained in the records of the superintendent, whether that document was signed before, on or after the date this subsection comes into force.

6 The following sections are added:

Notice of driving prohibition

87.1 (1) If a peace officer has reasonable and probable grounds to believe

(a) by reason of an analysis of the breath or blood of a person, that a person operated a motor vehicle or had care or control of a motor vehicle having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood exceeded 80 milligrams of alcohol in 100 millilitres of blood, or

(b) that a person failed or refused, without a reasonable excuse, to comply with a demand made on the person to supply a sample of his or her breath or blood under section 254 of the Criminal Code in respect of the operation or care or control of a motor vehicle,

the peace officer must,

(c) if the person holds a valid licence or permit issued under this Act to operate a motor vehicle,

(i) take possession of the person's licence or permit if the person has it in his or her possession, and

(ii) serve on the person a notice of driving prohibition, or

(d) if the person

(i) holds a valid document issued in another jurisdiction that allows the person to operate a motor vehicle, or

(ii) does not hold a valid licence or permit to operate a motor vehicle,

serve on the person a notice of driving prohibition.

(2) If a person referred to in subsection (1) (c) is not in possession of his or her licence or permit issued under this Act to operate a motor vehicle at the time the person is served with the notice of driving prohibition, the person must promptly send the licence or permit to the superintendent.

(3) The notice of driving prohibition must be in the prescribed form and must contain

(a) a statement of the right to have the driving prohibition reviewed by the superintendent under section 87.4,

(b) prescribed instructions describing how to apply for that review, and

(c) a statement that if the person on whom the notice of driving prohibition is served does not apply for a review under section 87.4, the person will be prohibited from operating a motor vehicle for a period of 90 days.

Effect of notice of driving prohibition

87.2 (1) If a person is served with a notice of driving prohibition under

(a) section 87.1 (1) (c),

(i) subject to subsection (2), the notice acts as a temporary driver's licence that expires 21 days from the date it is served, and

(ii) despite the fact the person is or may be subject to another prohibition from driving, the person is prohibited from operating a motor vehicle for 90 days effective on the expiration of the temporary driver's licence referred to in subparagraph (i), or

(b) section 87.1 (1) (d), despite the fact the person is or may be subject to another prohibition from driving, the person is prohibited from operating a motor vehicle for 90 days effective 21 days from the date the notice is served.

(2) If a person is subject to a driving prohibition under section 214 at the time the person is served with a notice of driving prohibition under section 87.1, the temporary driver's licence referred to in subsection (1) (a) (i) is valid only on expiry of the driving prohibition under section 214.

(3) The temporary driver's licence referred to in subsection (1) (a) (i)

(a) is of the same class, and

(b) is subject to all of the same restrictions and conditions

as the licence or permit taken by the peace officer or sent to the superintendent under section 87.1.

Duties of peace officer

87.3 A peace officer who serves a notice of driving prohibition on a person under section 87.1 must promptly forward to the superintendent

(a) the person's licence or permit to operate a motor vehicle, if the peace officer took the licence or permit into possession,

(b) a copy of the notice of driving prohibition,

(c) a certificate of service in the prescribed form showing that the notice of driving prohibition was personally served on the person subject to the driving prohibition,

(d) a report, in the prescribed form, sworn or solemnly affirmed by the peace officer, and

(e) a copy of any certificate of analysis under section 258 of the Criminal Code with respect to the person.

Review of driving prohibition

87.4 (1) A person may, within 7 days of being served with a notice of driving prohibition under section 87.1, apply to the superintendent for a review of the driving prohibition by

(a) filing an application for review with the superintendent,

(b) paying to the superintendent

(i) the prescribed application fee, and

(ii) the prescribed hearing fee, and

(c) if it has not been taken by the peace officer or sent to the superintendent under section 87.1, surrendering to the superintendent his or her licence or permit to operate a motor vehicle unless the person completes and files with the superintendent a statutory declaration in the prescribed form stating that the licence or permit has been lost, stolen or destroyed.

(2) An application for review must be in the form, contain the information and be completed in the manner required by the superintendent.

(3) An applicant may attach to the application for review any sworn statements or other evidence that the applicant wishes the superintendent to consider.

(4) The filing of an application for review does not stay the driving prohibition.

(5) The superintendent is not required to hold an oral hearing unless the applicant

(a) requests an oral hearing at the time of filing the application for review, and

(b) pays the prescribed oral hearing fees.

(6) If a person requests an oral hearing and fails to appear on the date and at the time and place arranged for the hearing, without prior notice to the superintendent, the right to an oral hearing is deemed to have been waived by the person.

Considerations

87.5 (1) In a review of a driving prohibition under section 87.4, the superintendent must consider

(a) any relevant sworn or solemnly affirmed statements and any other relevant information,

(b) the report of the peace officer forwarded under section 87.3 (d),

(c) a copy of any certificate of analysis under section 258 of the Criminal Code with respect to the person served with the notice of driving prohibition, and

(d) if an oral hearing is held, in addition to the matters referred to in paragraphs (a) to (c), any relevant evidence given or representations made at the hearing.

(2) The superintendent may consider a copy of the certificate referred to in subsection (1) (c) without proof

(a) of the identity and official character of the person appearing to have signed the certificate, or

(b) that the copy is a true copy.

Decision of the superintendent

87.6 (1) If after considering an application for review under section 87.4, the superintendent is satisfied that

(a) the person operated or had care or control of a motor vehicle having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood exceeded 80 milligrams of alcohol in 100 millilitres of blood, or

(b) the person failed or refused, without a reasonable excuse, to comply with a demand made on the person to supply a sample of his or her breath or blood under section 254 of the Criminal Code in respect of the operation or care or control of a motor vehicle

the superintendent must confirm the driving prohibition.

(2) If after considering an application for review under section 87.4, the superintendent is satisfied that

(a) the person did not operate or have care or control of a motor vehicle having consumed alcohol in such a quantity that the concentration of alcohol in the person's blood exceeded 80 milligrams of alcohol in 100 millilitres of blood, or

(b) the person

(i) did not fail or refuse to comply with a demand made on the person to supply a sample of his or her breath or blood under section 254 of the Criminal Code in respect of the operation or care or control of a motor vehicle, or

(ii) had a reasonable excuse for failing or refusing to comply with the demand referred to in subparagraph (i),

the superintendent must

(c) revoke the driving prohibition,

(d) return any licence or permit to operate a motor vehicle taken into possession by the peace officer or sent to the superintendent, and

(e) direct that the application and hearing fees paid be refunded to the applicant.

(3) Subject to subsection (4), the decision of the superintendent, and the reasons for the decision, must be in writing and a copy must be sent to the applicant within 21 days of the date the notice of driving prohibition was served on the applicant under section 87.1.

(4) If the superintendent is unable to send the decision to the applicant within the 21 day period set out in subsection (3), the superintendent may extend that period for a period determined by the superintendent.

(5) If the superintendent extends the period for sending a decision to the applicant under subsection (4), the superintendent must

(a) stay the driving prohibition imposed on the applicant under section 87.2 for the period of the extension determined under subsection (4), and

(b) if the applicant held a valid licence or permit issued under this Act to operate a motor vehicle at the time the applicant was served with the notice of driving prohibition under section 87.1, issue to the applicant a temporary driver's licence that

(i) is valid on the expiration of the temporary driver's licence referred to in section 87.2 (1) (a) (i), and

(ii) expires with the period of extension determined under subsection (4).

(6) The temporary driver's licence issued under subsection (5) (b)

(a) is of the same class, and

(b) is subject to all of the same restrictions and conditions

as the licence or permit taken by the peace officer or sent to the superintendent under section 87.1.

(7) The superintendent must promptly give the applicant notice of an extension made under subsection (4).

(8) The copy referred to in subsection (3) and the notice referred to in subsection (7) must be sent to the applicant

(a) at the last known address of the applicant as shown in the records maintained by the superintendent, or

(b) at the address shown in the application for review, if that address is different from the address in the superintendent's records.

(9) A notice of extension given under subsection (7) is deemed to be a notice of prohibition for the purposes of section 88 (3) (a).

7 Section 88 is amended

(a) in subsection (1) (a) by adding ", 87.2" after "86", and

(b) in subsection (3) by striking out "or" at the end of paragraph (a), by adding ", or" after paragraph (b) and by adding the following:

(c) contain a certificate of service prescribed under section 211.1 (1) (jj) showing that a notice of driving prohibition under section 87.1 was personally served on the person.

8 The following sections are added:

Impoundment of a motor vehicle: unlicensed drivers

95.1 (1) If a peace officer has reasonable and probable grounds to believe that

(a) a person drove or operated a motor vehicle on a highway, and

(b) at the time the person drove or operated the motor vehicle on a highway

(i) the person did not hold a subsisting driver's licence issued under this Act and was not otherwise exempt from holding a driver's licence under this Act, and

(ii) a notice under section 95.2 (1) was in place on the driving record of the person,

the peace officer must cause the motor vehicle to be taken to and impounded at a place directed by the peace officer.

(2) If a peace officer is satisfied that the impoundment of a motor vehicle under subsection (1) would

(a) jeopardize the safety of the occupants of the motor vehicle, or

(b) leave the occupants stranded,

the peace officer must arrange for transportation of the occupants of the motor vehicle to the nearest safe area where they can summon an alternative form of transportation.

(3) Personal property present in a motor vehicle that has been impounded under subsection (1), other than personal property attached to or used in connection with the operation of the motor vehicle, must be returned to the owner on request.

(4) Despite subsection (1), if, at any time before a review is conducted under section 95.6, the superintendent is satisfied that a motor vehicle impounded under subsection (1) is stolen property, the superintendent must

(a) direct that a peace officer order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner, if the owner completes a statutory declaration in the prescribed form, and

(b) pay to the person having custody of the motor vehicle under the impoundment the costs and charges referred to in section 95.5 (2).

(5) Despite subsection (1), if, at the time a peace officer is required to impound a motor vehicle under that subsection, the peace officer is also required to impound the vehicle under section 96.1, the peace officer

(a) must not cause the vehicle to be impounded under subsection (1), and

(b) must cause the vehicle to be impounded under section 96.1.

(6) If the superintendent issues a driver's licence under this Act to the person who was driving or operating a motor vehicle at the time the vehicle was impounded under subsection (1), the superintendent must, if the costs and charges referred to in section 95.5 (2) have been paid to the person having custody of the motor vehicle under the impoundment, direct that a peace officer order that the motor vehicle be released to the owner or a person authorized by the owner.

Superintendent's notice

95.2 (1) The superintendent must, for the purposes of vehicle impoundments under section 95.1, place a notice on the driving record of the following persons indicating that if the person drives or operates a motor vehicle on a highway, the motor vehicle is liable to be impounded under that section:

(a) subject to subsection (2), a person who held a driver's licence issued under this Act but that licence has expired and the superintendent has refused to issue a new driver's licence to the person under section 24.1 (1) (a) (i), (b) or (b.1) (i) or (iii);

(b) a person whose driver's licence has been cancelled under

(i) section 24.11 (3) for failure to pay a fine referred to in section 24.1 (b.1) (i) or (iii),

(ii) section 55.1 (1) in the circumstances referred to in section 55 (2.1) (b), or

(iii) section 55.1 (1) in the circumstances referred to in section 55 (2.1) (d)

and the person has not been issued a new driver's licence under this Act;

(c) a person who has been convicted of an offence under section 23 (1) since the expiry or cancellation of the most recent driver's licence issued to the person under this Act.

(2) The superintendent may place a notice on the driving record of a person referred to in subsection (1) (a) only if

(a) the insurance premiums referred to in section 24.1 (1) (a) (i) required to be paid by the person, or

(b) the person's indebtedness referred to in section 24.1 (b) and (b.1) (i) and (iii),

exceeds the prescribed amount.

(3) A notice may be placed on the driving record of a person referred to in subsection (1) (b) (ii) who was prohibited from driving only after the person's last outstanding driving prohibition has expired.

(4) The superintendent must remove a notice placed on the driving record of a person under subsection (1) when the superintendent issues a driver's licence to the person under this Act.

(5) A notice under subsection (1) may be placed on the driving record of

(a) a person referred to in subsection (1) (a), only where the refusal to issue the driver's licence occurs after this section comes into force,

(b) a person referred to in subsection (1) (b), where

(i) the person's driver's licence was cancelled under this Act before this section comes into force and the person has not been issued a new driver's licence under this Act on the day this section comes into force, or

(ii) the person's driver's licence is cancelled under this Act after this section comes into force, and

(c) a person referred to in subsection (1) (c), only where the person is convicted of an offence under section 23 (1) after this section comes into force.

Period of impoundment

95.3 (1) A motor vehicle impounded under section 95.1 is to remain impounded for a period of 30 days from the day it is impounded.

(2) Despite subsection (1), if a motor vehicle impounded under section 95.1 is owned by a person who, within 2 years before the day of the impoundment, was the owner of a motor vehicle that was impounded under section 95.1 and that impoundment was not revoked under section 95.8, the motor vehicle is to remain impounded for a period of 60 days from the date it is impounded.

(3) If a motor vehicle is subject to the period of impoundment authorized under subsection (2), the superintendent must give notice to

(a) the registered owner of the motor vehicle,

(b) the person who has custody of the motor vehicle under the impoundment, and

(c) the peace officer who impounded the motor vehicle,

that, subject to the superintendent revoking the impoundment under section 95.8 or reducing the period of impoundment under section 95.9, the motor vehicle will not be released until the expiry of the period of impoundment authorized under subsection (2).

(4) The notice required by subsection (3) (a) must be sent by registered or certified mail to the last known address of the registered owner as shown in the records maintained by the superintendent.

Duties of peace officer

95.4 (1) A peace officer who impounds a motor vehicle under section 95.1 must

(a) complete a notice of impoundment,

(b) give a copy of the notice of impoundment to the driver and the person who has custody of the motor vehicle under the impoundment,

(c) forward to the superintendent

(i) a report, in the prescribed form, sworn or solemnly affirmed by the peace officer, and

(ii) a copy of the notice of impoundment, and

(d) retain a copy of the notice of impoundment.

(2) When the superintendent receives a copy of the notice of impoundment under subsection (1) (c) (ii), the superintendent must promptly send a copy of that notice by registered or certified mail to the last known address of the registered owner of the motor vehicle as shown in the records maintained by the superintendent.

(3) The notice of impoundment must be in the prescribed form and must contain

(a) a statement of the right to have the impoundment reviewed by the superintendent under section 95.6,

(b) prescribed instructions describing how to apply for that review,

(c) a statement that if the owner of the motor vehicle does not apply for a review under section 95.6, the vehicle will be impounded for the period authorized under section 95.3, and

(d) a statement that if the owner of the motor vehicle does not pay the costs and charges referred to in section 95.5 (2), the motor vehicle may be disposed of under the Warehouse Lien Act or under section 95.5 (6) of this Act.

Storage of impounded motor vehicle

95.5 (1) A motor vehicle impounded under section 95.1 is to be stored at the place directed by the peace officer.

(2) The following costs and charges constitute a lien on the motor vehicle:

(a) all costs and charges prescribed for the transportation, towing, care, storage, disposition and other related activities respecting the impoundment of the motor vehicle;

(b) all charges for searches and registrations under the Personal Property Security Act that are reasonably necessary to fulfill the obligations of the person who has custody of the motor vehicle under the impoundment.

(3) The lien described in subsection (2) may be enforced under the Warehouse Lien Act or under subsection (6).

(4) The person who has custody of a motor vehicle impounded under section 95.1 must notify the superintendent of the sale of that motor vehicle under the Warehouse Lien Act.

(5) A motor vehicle that is subject to a lien described in subsection (2) is to remain impounded until

(a) the lien is paid, or

(b) the vehicle is disposed of

(i) under the Warehouse Lien Act, or

(ii) under subsection (6).

(6) If a motor vehicle impounded under section 95.1 remains impounded for at least 90 days after the expiration of the impoundment period referred to in section 95.3, the person who has custody of the motor vehicle under the impoundment may, with the approval of the superintendent, dispose of the motor vehicle by sale or otherwise, if the person

(a) surrenders to the superintendent any number plate, issued under this Act, from the motor vehicle, and

(b) files with the superintendent

(i) a statutory declaration in the prescribed form declaring that

(A) the amount of the person's lien on the motor vehicle exceeds the person's estimate of the value of the motor vehicle, and

(B) the person, at least 14 days before making the statutory declaration, sent to the registered owner of the motor vehicle, by ordinary mail, a notice that the person intends to dispose of the vehicle if the lien is not paid, and

(ii) a certificate issued under the Personal Property Security Act showing that no security interest is registered against the motor vehicle under that Act.

(7) If the superintendent approves the disposal of a motor vehicle under subsection (6), the superintendent must

(a) cancel any vehicle licence issued under this Act with respect to the motor vehicle,

(b) transfer the registration of the motor vehicle to the person who has custody of the motor vehicle under the impoundment, and

(c) forward any refund from the cancellation of the vehicle licence to the previous registered owner of the motor vehicle.

Review of impoundment

95.6 (1) The owner of a motor vehicle impounded under section 95.1 may, within 30 days of becoming aware of the impoundment, apply to the superintendent for a review of the impoundment by

(a) filing an application for review with the superintendent, and

(b) paying to the superintendent

(i) the prescribed application fee, and

(ii) the prescribed hearing fee.

(2) The application for review must be in the form, contain the information and be completed in the manner required by the superintendent.

(3) The applicant may attach to the application for review any sworn statements or other evidence that the applicant wishes the superintendent to consider.

(4) The filing of an application for review does not stay the impoundment of the motor vehicle.

(5) The superintendent is not required to hold an oral hearing unless the applicant

(a) requests an oral hearing at the time of filing the application for review, and

(b) pays the prescribed oral hearing fees.

(6) If a person requests an oral hearing and fails to appear on the date and at the time and place arranged for the hearing, without prior notice to the superintendent, the right to an oral hearing is deemed to have been waived by the person.

Considerations

95.7 In a review of a motor vehicle impoundment under section 95.6, the superintendent must consider

(a) the report of the peace officer forwarded under section 95.4 (1) (c) (i), and

(b) the driving record of

(i) the person named as the driver of the motor vehicle in a copy of the notice of impoundment completed under section 95.4, or

(ii) the person named as the driver of the motor vehicle by the owner who applies for a review under section 95.6, if that person is not the same person as the person referred to in subparagraph (i).

Decision of the superintendent

95.8 (1) If, after considering an application for review under section 95.6 by an owner who was not the driver of the motor vehicle at the time the motor vehicle was impounded, the superintendent is satisfied that

(a) the driver was in possession of the motor vehicle without the knowledge or consent of the owner,

(b) at the time the motor vehicle was impounded, the driver

(i) held a subsisting driver's licence issued under this Act, or

(ii) was otherwise exempt from holding a driver's licence under this Act,

(c) a notice should not have been placed on the driving record of the driver under section 95.2 (1), or

(d) the owner exercised reasonable care and diligence in entrusting the motor vehicle to the person who was, at the time of the impoundment, in possession of the motor vehicle,

the superintendent must

(e) revoke the impoundment,

(f) direct that a peace officer order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner,

(g) pay to the person having custody of the motor vehicle under the impoundment the costs and charges referred to in section 95.5 (2), and

(h) direct that the application and hearing fees paid be refunded to the applicant.

(2) If, after considering an application for review under section 95.6 by an owner who was the driver of the motor vehicle at the time the motor vehicle was impounded, the superintendent is satisfied that

(a) at the time the motor vehicle was impounded, the owner

(i) held a subsisting driver's licence issued under this Act, or

(ii) was otherwise exempt from holding a driver's licence under this Act,

(b) a notice should not have been placed on the driving record of the owner under section 95.2 (1), or

(c) the owner, before he or she drove the motor vehicle, had a reasonable belief that he or she

(i) held a subsisting driver's licence issued under this Act, or

(ii) was otherwise exempt from holding a driver's licence under this Act,

the superintendent must

(d) revoke the impoundment,

(e) direct that a peace officer order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner,

(f) pay to the person having custody of the motor vehicle under the impoundment the costs and charges referred to in section 95.5 (2), and

(g) direct that the application and hearing fees be refunded to the applicant.

(3) The decision of the superintendent under subsection (1) or (2), and the reasons for the decision, must be in writing and a copy must be sent to the applicant within 7 days of the date the application was considered or the oral hearing was held.

(4) The copy referred to in subsection (3) must be sent to the applicant

(a) at the last known address of the applicant as shown in the records maintained by the superintendent, or

(b) at the address shown in the application for review, if that address is different from the address in the superintendent's records.

Application of section 95.3 (2)

95.9 (1) The owner of a motor vehicle impounded under section 95.1 who wishes to contest the application of section 95.3 (2) to the motor vehicle may

(a) file an application with the superintendent, and

(b) pay to the superintendent

(i) the prescribed application fee, and

(ii) the prescribed hearing fee.

(2) The application must be in the form, contain the information and be completed in the manner required by the superintendent.

(3) The applicant may attach to the application any sworn statements or other evidence that the applicant wishes the superintendent to consider.

(4) The filing of an application under this section does not stay the impoundment of the motor vehicle.

(5) The superintendent is not required to hold an oral hearing unless the applicant

(a) requests an oral hearing at the time of filing the application, and

(b) pays the prescribed oral hearing fees.

(6) If a person requests an oral hearing and fails to appear on the date and at the time and place arranged for the hearing, without prior notice to the superintendent, the right to an oral hearing is deemed to have been waived by the person.

(7) If an application is made under this section, the superintendent must consider a record maintained by the superintendent respecting any previous impoundment under section 95.1 of a motor vehicle that was, at the time of that impoundment, owned by the applicant.

(8) If, after considering an application under this section, the superintendent is satisfied that section 95.3 (2) does not apply to the motor vehicle, the superintendent must

(a) if the motor vehicle has been impounded for 30 days or less, reduce the impoundment period to 30 days, and

(b) if the motor vehicle has been impounded for more than 30 days

(i) direct that a peace officer order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner,

(ii) pay to the person having custody of the motor vehicle under the impoundment, that portion of the costs and charges referred to in section 95.5 (2) that applies to any period of impoundment in excess of 30 days, and

(iii) direct that the application and hearing fees paid be refunded to the applicant.

Compassionate release of motor vehicle

95.91 (1) Any person who

(a) holds a valid licence or permit, issued under this Act or in another jurisdiction, to operate a motor vehicle,

(b) is not prohibited from driving a motor vehicle under this Act, the Young Offenders (British Columbia) Act or the Criminal Code, and

(c) is cohabiting with the owner of a motor vehicle at the time the vehicle is impounded under section 95.1,

is eligible to apply for the release of the motor vehicle under subsection (2).

(2) An eligible person, within 30 days of the impoundment of the motor vehicle under section 95.1, may apply to the superintendent for the release of the vehicle on the grounds that

(a) the impoundment of the motor vehicle

(i) will cause the eligible person to suffer a loss or curtailment of employment or educational opportunities, or

(ii) will prevent the eligible person, or someone under the care of the eligible person, from obtaining medical treatment, and

(b) the eligible person has no reasonable alternative form of transportation, including public transportation, that would

(i) prevent the loss or curtailment referred to in paragraph (a) (i), or

(ii) allow the medical treatment referred to in paragraph (a) (ii) to be obtained.

(3) The applicant must

(a) apply in a form acceptable to the superintendent,

(b) provide the superintendent with any information the superintendent may reasonably require, and

(c) pay to the superintendent the prescribed application fee.

(4) If the superintendent is satisfied, with respect to an application, that the grounds set out in subsection (2) have been established, the superintendent may,

(a) with the consent of the owner of the motor vehicle, and

(b) on receiving payment of the prescribed vehicle release fee,

subject to the lien described in section 95.5 (2), direct that a peace officer order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the applicant.

(5) If a motor vehicle has been released under this section during the course of an impoundment that occurred in respect of a particular period for which the person referred to in section 95.1 (1) failed to hold a subsisting driver's licence issued under this Act, no further application for the release of a motor vehicle may be made under this section with respect to an impoundment that occurred in respect of that same period.

Release of motor vehicle after impoundment period

95.92 (1) When the impoundment period referred to in section 95.3 has elapsed, the owner or a person authorized by the owner may request that the motor vehicle be released by

(a) completing a request for release of the motor vehicle, and

(b) delivering the request to the peace officer who completed the notice of impoundment under section 95.4 or any other peace officer who is employed by the same employer as that peace officer.

(2) The request for release of the motor vehicle must be in the form, contain the information and be completed in the manner required by the superintendent.

(3) Subject to the lien described in section 95.5 (2), a peace officer may, on receiving a request under subsection (1), order that the motor vehicle be released to the owner or a person authorized by the owner.

(4) Unless ordered by a peace officer under section 95.8, 95.9, 95.91 or subsection (2) of this section, a person must not remove or release, or permit the removal or release of, a motor vehicle impounded under section 95.1 from the place of impoundment until the period of impoundment referred to in section 95.3 has expired.

Owner's right against driver

95.93 The owner of a motor vehicle impounded under section 95.1 may recover from the person who was the driver at the time the motor vehicle was impounded, as a debt in any court of competent jurisdiction, the costs and charges under section 95.5 (2) that the owner has paid with respect to the impoundment.

Superintendent may indemnify for wrongful impoundment

95.94 If the superintendent is satisfied that a motor vehicle has been wrongfully impounded under section 95.1, the superintendent may

(a) authorize the release of the motor vehicle from impoundment,

(b) waive any fee, cost or charge payable to the superintendent, and

(c) indemnify the owner of the motor vehicle for any direct cost incurred by the owner in respect of the impoundment of the motor vehicle.

Appropriation

95.95 Money required for the purposes of

(a) a direction under section 95.8 (1) (h) or (2) (g) or 95.9 (8) (b) (iii),

(b) a payment under section 95.1 (4) (b), 95.8 (1) (g) or (2) (f), 95.9 (8) (b) (ii) or 95.94 (c), or

(c) a waiver of any fee, cost or charge under section 95.94 (b),

may be paid out of the consolidated revenue fund without any other appropriation other than this section.

9 Section 96 (1) is amended by striking out "under this Act, under the Young Offenders (British Columbia) Act, or under the Criminal Code" and substituting "under section 84 or 85".

10 The following sections are added:

Impoundment of a motor vehicle: prohibited drivers

96.1 (1) If a peace officer has reasonable and probable grounds to believe that a person has operated a motor vehicle while the person is prohibited from driving a motor vehicle under section 86, 87.2, 90, 92 or 214 of this Act, under the Young Offenders (British Columbia) Act or under the Criminal Code, the peace officer must cause the motor vehicle to be taken to and impounded at a place directed by the peace officer.

(2) If a peace officer is satisfied that the impoundment of a motor vehicle under subsection (1) would

(a) jeopardize the safety of the occupants of the motor vehicle, or

(b) leave the occupants stranded,

the peace officer must arrange for transportation of the occupants of the motor vehicle to the nearest safe area where they can summon an alternative form of transportation.

(3) Personal property present in a motor vehicle that has been impounded under subsection (1), other than personal property attached to or used in connection with the operation of the motor vehicle, must be returned to the owner on request.

(4) Despite subsection (1), if, at any time before a review is conducted under section 96.5, the superintendent is satisfied that a motor vehicle impounded under subsection (1) is stolen property, the superintendent must

(a) direct that a peace officer order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner, if the owner completes a statutory declaration in the prescribed form, and

(b) pay to the person having custody of the motor vehicle under the impoundment the costs and charges referred to in section 96.4 (2).

Period of impoundment

96.2 (1) A motor vehicle impounded under section 96.1 is to remain impounded for a period of 30 days from the day it is impounded.

(2) Despite subsection (1), if a motor vehicle impounded under section 96.1 is owned by a person who, within 2 years before the day of the impoundment, was the owner of a motor vehicle that was impounded under section 96.1 and that impoundment was not revoked under section 96.7, the motor vehicle is to remain impounded for a period of 60 days from the date it is impounded.

(3) If a motor vehicle is subject to the period of impoundment authorized under subsection (2), the superintendent must give notice to

(a) the registered owner of the motor vehicle,

(b) the person who has custody of the motor vehicle under the impoundment, and

(c) the peace officer who impounded the motor vehicle,

that, subject to the superintendent revoking the impoundment under section 96.7 or reducing the period of impoundment under section 96.8, the motor vehicle will not be released until the expiry of the period of impoundment authorized under subsection (2).

(4) The notice required by subsection (3) (a) must be sent by registered or certified mail to the last known address of the registered owner as shown in the records maintained by the superintendent.

Duties of peace officer

96.3 (1) A peace officer who impounds a motor vehicle under section 96.1 must

(a) complete a notice of impoundment,

(b) give a copy of the notice of impoundment to the driver and the person who has custody of the motor vehicle under the impoundment,

(c) forward to the superintendent

(i) a report, in the prescribed form, sworn or solemnly affirmed by the peace officer, and

(ii) a copy of the notice of impoundment, and

(d) retain a copy of the notice of impoundment.

(2) When the superintendent receive a copy of the notice of impoundment under subsection (1) (c) (ii), the superintendent must promptly send a copy of that notice by registered or certified mail to the last known address of the registered owner of the motor vehicle as shown in the records maintained by the superintendent.

(3) The notice of impoundment must be in the prescribed form and must contain

(a) a statement of the right to have the impoundment reviewed by the superintendent under section 96.5,

(b) prescribed instructions describing how to apply for that review,

(c) a statement that if the owner of the motor vehicle does not apply for a review under section 96.5, the vehicle will be impounded for the period authorized under section 96.2, and

(d) a statement that if the owner of the motor vehicle does not pay the costs and charges referred to in section 96.4 (2), the motor vehicle may be disposed of under the Warehouse Lien Act or under section 96.4 (6) of this Act.

Storage of impounded motor vehicle

96.4 (1) A motor vehicle impounded under section 96.1 is to be stored at the place directed by the peace officer.

(2) The following costs and charges constitute a lien on the motor vehicle:

(a) all costs and charges prescribed for the transportation, towing, care, storage, disposition and other related activities respecting the impoundment of the motor vehicle;

(b) all charges for searches and registrations under the Personal Property Security Act that are reasonably necessary to fulfill the obligations of the person who has custody of the motor vehicle under the impoundment.

(3) The lien described in subsection (2) may be enforced under the Warehouse Lien Act or under subsection (6).

(4) The person who has custody of a motor vehicle impounded under section 96.1 must notify the superintendent of the sale of that motor vehicle under the Warehouse Lien Act.

(5) A motor vehicle that is subject to a lien described in subsection (2) is to remain impounded until

(a) the lien is paid, or

(b) the vehicle is disposed of

(i) under the Warehouse Lien Act, or

(ii) under subsection (6).

(6) If a motor vehicle impounded under section 96.1 remains impounded for at least 90 days after the expiration of the impoundment period referred to in section 96.2, the person who has custody of the motor vehicle under the impoundment may, with the approval of the superintendent, dispose of the motor vehicle by sale or otherwise, if the person

(a) surrenders to the superintendent any number plate, issued under this Act, from the motor vehicle, and

(b) files with the superintendent

(i) a statutory declaration in the prescribed form declaring that

(A) the amount of the person's lien on the motor vehicle exceeds the person's estimate of the value of the motor vehicle, and

(B) the person, at least 14 days before making the statutory declaration, sent to the registered owner of the motor vehicle, by ordinary mail, a notice that the person intends to dispose of the vehicle if the lien is not paid, and

(ii) a certificate issued under the Personal Property Security Act showing that no security interest is registered against the motor vehicle under that Act.

(7) If the superintendent approves the disposal of a motor vehicle under subsection (6), the superintendent must

(a) cancel any vehicle licence issued under this Act with respect to the motor vehicle,

(b) transfer the registration of the motor vehicle to the person who has custody of the motor vehicle under the impoundment, and

(c) forward any refund from the cancellation of the vehicle licence to the previous registered owner of the motor vehicle.

Review of impoundment

96.5 (1) The owner of a motor vehicle impounded under section 96.1 may, within 30 days of becoming aware of the impoundment, apply to the superintendent for a review of the impoundment by

(a) filing an application for review with the superintendent, and

(b) paying to the superintendent

(i) the prescribed application fee, and

(ii) the prescribed hearing fee.

(2) The application for review must be in the form, contain the information and be completed in the manner required by the superintendent.

(3) The applicant may attach to the application for review any sworn statements or other evidence that the applicant wishes the superintendent to consider.

(4) The filing of an application for review does not stay the impoundment of the motor vehicle.

(5) The superintendent is not required to hold an oral hearing unless the applicant

(a) requests an oral hearing at the time of filing the application for review, and

(b) pays the prescribed oral hearing fees.

(6) If a person requests an oral hearing and fails to appear on the date and at the time and place arranged for the hearing, without prior notice to the superintendent, the right to an oral hearing is deemed to have been waived by the person.

Considerations

96.6 In a review of a motor vehicle impoundment under section 96.5, the superintendent

(a) must consider the report of the peace officer forwarded under section 96.3 (1) (c) (i), and

(b) may consider the driving record of

(i) the person named as the driver of the motor vehicle in a copy of the notice of impoundment completed under section 96.3, or

(ii) the person named as the driver of the motor vehicle by the owner who applies for a review under section 96.5, if that person is not the same person as the person referred to in subparagraph (i).

Decision of the superintendent

96.7 (1) If, after considering an application for review under section 96.5 by an owner who was not the driver of the motor vehicle at the time the motor vehicle was impounded, the superintendent is satisfied that

(a) the driver was in possession of the motor vehicle without the knowledge or consent of the owner,

(b) the driver was not prohibited from driving under any of the provisions referred to in section 96.1 (1) at the time the motor vehicle was impounded, or

(c) the owner exercised reasonable care and diligence in entrusting the motor vehicle to the person who was, at the time of the impoundment, in possession of the motor vehicle,

the superintendent must

(d) revoke the impoundment,

(e) direct that a peace officer order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner,

(f) pay to the person having custody of the motor vehicle under the impoundment the costs and charges referred to in section 96.4 (2), and

(g) direct that the application and hearing fees paid be refunded to the applicant.

(2) If, after considering an application for review under section 96.5 by an owner who was the driver of the motor vehicle at the time the motor vehicle was impounded, the superintendent is satisfied that

(a) the owner was not prohibited from driving under any of the provisions referred to in section 96.1 (1) at the time the motor vehicle was impounded, or

(b) the owner, before he or she drove the motor vehicle, had no reason to believe that he or she was prohibited from driving a motor vehicle under any of the provisions referred to in section 96.1 (1),

the superintendent must

(c) revoke the impoundment,

(d) direct that a peace officer order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner,

(e) pay to the person having custody of the motor vehicle under the impoundment the costs and charges referred to in section 96.4 (2), and

(f) direct that the application and hearing fees paid be refunded to the applicant.

(3) The decision of the superintendent under subsection (1) or (2), and the reasons for the decision, must be in writing and a copy must be sent to the applicant within 7 days of the date the application was considered or the oral hearing was held.

(4) The copy referred to in subsection (3) must be sent to the applicant

(a) at the last known address of the applicant as shown in the records maintained by the superintendent, or

(b) at the address shown in the application for review, if that address is different from the address in the superintendent's records.

Application of section 96.2 (2)

96.8 (1) The owner of a motor vehicle impounded under section 96.1 who wishes to contest the application of section 96.2 (2) to the motor vehicle may

(a) file an application with the superintendent, and

(b) pay to the superintendent

(i) the prescribed application fee, and

(ii) the prescribed hearing fee.

(2) The application must be in the form, contain the information and be completed in the manner required by the superintendent.

(3) The applicant may attach to the application any sworn statements or other evidence that the applicant wishes the superintendent to consider.

(4) The filing of an application under this section does not stay the impoundment of the motor vehicle.

(5) The superintendent is not required to hold an oral hearing unless the applicant

(a) requests an oral hearing at the time of filing the application, and

(b) pays the prescribed oral hearing fees.

(6) If a person requests an oral hearing and fails to appear on the date and at the time and place arranged for the hearing, without prior notice to the superintendent, the right to an oral hearing is deemed to have been waived by the person.

(7) If an application is made under this section, the superintendent must consider a record maintained by the superintendent respecting any previous impoundment under section 96.1 of a motor vehicle that was, at the time of that impoundment, owned by the applicant.

(8) If, after considering an application under this section, the superintendent is satisfied that section 96.2 (2) does not apply to the motor vehicle, the superintendent must

(a) if the motor vehicle has been impounded for 30 days or less, reduce the impoundment period to 30 days, and

(b) if the motor vehicle has been impounded for more than 30 days

(i) direct that a peace officer order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the owner or a person authorized by the owner,

(ii) pay to the person having custody of the motor vehicle under the impoundment, that portion of the costs and charges referred to in section 96.4 (2) that applies to any period of impoundment in excess of 30 days, and

(iii) direct that the application and hearing fees paid be refunded to the applicant.

Compassionate release of motor vehicle

96.9 (1) Any person who

(a) holds a valid licence or permit, issued under this Act or in another jurisdiction, to operate a motor vehicle,

(b) is not prohibited from driving a motor vehicle under this Act, the Young Offenders (British Columbia) Act or the Criminal Code, and

(c) is cohabiting with the owner of a motor vehicle at the time the vehicle is impounded under section 96.1,

is eligible to apply for the release of the motor vehicle under subsection (2).

(2) An eligible person, within 30 days of the impoundment of the motor vehicle under section 96.1, may apply to the superintendent for the release of the vehicle on the grounds that

(a) the impoundment of the motor vehicle

(i) will cause the eligible person to suffer a loss or curtailment of employment or educational opportunities, or

(ii) will prevent the eligible person, or someone under the care of the eligible person, from obtaining medical treatment, and

(b) the eligible person has no reasonable alternative form of transportation, including public transportation, that would

(i) prevent the loss or curtailment referred to in paragraph (a) (i), or

(ii) allow the medical treatment referred to in paragraph (a) (ii) to be obtained.

(3) The applicant must

(a) apply in a form acceptable to the superintendent,

(b) provide the superintendent with any information the superintendent may reasonably require, and

(c) pay to the superintendent the prescribed application fee.

(4) If the superintendent is satisfied, with respect to an application, that the grounds set out in subsection (2) have been established, the superintendent may,

(a) with the consent of the owner of the motor vehicle, and

(b) on receiving payment of the prescribed vehicle release fee,

subject to the lien described in section 96.4 (2), direct that a peace officer order the person who has custody of the motor vehicle under the impoundment to release the motor vehicle to the applicant.

(5) If a motor vehicle has been released under this section during the course of an impoundment that occurred in respect of a particular period of prohibition under a provision referred to in section 96.1 (1), no further application for the release of a motor vehicle may be made under this section with respect to an impoundment that occurred in respect of that same period of prohibition.

Release of motor vehicle after impoundment period

96.91 (1) When the impoundment period referred to in section 96.2 has elapsed, the owner or a person authorized by the owner may request that the motor vehicle be released by

(a) completing a request for release of the motor vehicle, and

(b) delivering the request to the peace officer who completed the notice of impoundment under section 96.3 or any other peace officer who is employed by the same employer as that peace officer.

(2) The request for release of the motor vehicle must be in the form, contain the information and be completed in the manner required by the superintendent.

(3) Subject to the lien described in section 96.4 (2), a peace officer may, on receiving a request under subsection (1), order that the motor vehicle be released to the owner or a person authorized by the owner.

(4) Unless ordered by a peace officer under section 96.7, 96.8, 96.9 or subsection (2) of this section, a person must not remove or release, or permit the removal or release of, a motor vehicle impounded under section 96.1 from the place of impoundment until the period of impoundment referred to in section 96.2 has expired.

Owner's right against driver

96.92 The owner of a motor vehicle impounded under section 96.1 may recover from the person who was the driver at the time the motor vehicle was impounded, as a debt in any court of competent jurisdiction, the costs and charges under section 96.4 (2) that the owner has paid with respect to the impoundment.

Superintendent may indemnify or wrongful impoundment

96.93 If the superintendent is satisfied that a motor vehicle has been wrongfully impounded under section 96.1, the superintendent may

(a) authorize the release of the motor vehicle from impoundment,

(b) waive any fee, cost or charge payable to the superintendent, and

(c) indemnify the owner of the motor vehicle for any direct cost incurred by the owner in respect of the impoundment of the motor vehicle.

Appropriation

96.94 Money required for the purposes of

(a) a direction under section 87.6 (2) (e), 96.7 (1) (g), 96.7 (2) (f) or 96.8 (8) (b) (iii),

(b) a payment under section 96.1 (4) (a), 96.7 (1) (f), 96.7 (2) (e), 96.8 (8) (b) (ii) or 96.93 (c), or

(c) a waiver of any fee, cost or charge under section 96.93 (b),

may be paid out of the consolidated revenue fund without any other appropriation other than this section.

11 Section 211.1 is amended

(a) in subsection (1) by adding the following paragraphs:

(ii) prescribing the form and content of the notice of driving prohibition for the purpose of section 87.1;

(jj) prescribing the form and content of the certificate of service for the purpose of section 87.3 (c);

(kk) prescribing the form and content of the peace officer's report for the purposes of sections 87.3 (d) and 96.3 (1) (c);

(ll) prescribing application and hearing fees for the purposes of sections 87.4, 96.5, 96.8 and 96.9;

(mm) prescribing the form and content of a notice of impoundment for the purpose of section 96.3 (3);

(nn) prescribing the form of statutory declarations for the purposes of sections 87.4 (1) (c), 96.1 (4) and 96.4 (6);

(oo) prescribing the costs and charges for the purpose of section 96.4 (2);

(pp) prescribing the vehicle release fee for the purpose of section 96.9 (4);

(qq) prescribing the form of statutory declarations for the purposes of sections 95.1 (4) and 95.5 (6);

(rr) prescribing the amount for the purpose of section 95.2 (2), which amount must be at least $250;

(ss) prescribing the form and content of the peace officer's report for the purposes of section 95.4 (1) (c);

(tt) prescribing the form and content of a notice of impoundment for the purpose of section 95.4 (3);

(uu) prescribing the costs and charges for the purpose of section 95.5 (2);

(vv) prescribing application and hearing fees for the purposes of sections 95.6, 95.9 and 95.91;

(ww) prescribing the vehicle release fee for the purpose of section 95.91 (4). , and

(b) by adding the following subsection:

(1.4) A regulation under subsection (1) (ll) or (vv) may prescribe different hearing fees for different types of hearings.

 
Consequential Amendments

 
Offence Act

12 Section 14 (3) of the Offence Act, R.S.B.C. 1979, c. 305, is amended

(a) by striking out "and" at the end of paragraph (c),

(b) in paragraph (d) by striking out "a statement" and substituting "subject to paragraph (e), a statement",

(c) by adding "and" after paragraph (d), and

(d) by adding the following paragraph:

(e) in the case of a violation ticket issued in respect of an offence under section 76.1 (2) of the Motor Vehicle Act, a statement that if

(i) the allegation or fine is not disputed in the manner and within the time provided in this Act, and

(ii) affidavits are not filed in accordance with subsection (7.1) (e) of this section,

then

(iii) the violation ticket will be treated as not disputed,

(iv) the person

(A) on whom the ticket is served, or

(B) to whom the ticket is mailed under subsection (4.1),

will be deemed to have pleaded guilty to the alleged contravention, and

(v) the fine indicated on the ticket will be payable to the Crown.

13 Section 14 is amended by adding the following subsection:

(3.1) A violation ticket issued in respect of an offence under section 76.1 (2) of the Motor Vehicle Act must contain a statement that the person on whom the ticket is served, or to whom the ticket is mailed under subsection (4.1) of this section, if convicted, will be deemed to have been the driver of the motor vehicle at the time of the contravention for which the person is liable.

14 Section 14 (4) is amended by striking out "The violation ticket" and substituting "Subject to subsection (4.1), the violation ticket".

15 Section 14 is amended by adding the following subsections:

(4.1) A copy of a violation ticket issued in respect of an offence by an owner of a motor vehicle under section 76.1 (2) of the Motor Vehicle Act may be sent by ordinary mail to the address of the owner as set out in the superintendent's records.

(4.2) If a copy of a violation ticket is mailed to an owner under subsection (4.1), the owner is deemed to have received the copy 30 days after it is mailed.

16 Section 14 (5) is amended by striking out "An enforcement officer may" and substituting "If service is required by this section, an enforcement officer may".

17 Section 14 (7) is amended by striking out "The person" and substituting "Subject to subsection (7.1), the person".

18 Section 14 is amended by adding the following subsections:

(7.1) In the case of a violation ticket issued in respect of an offence under section 76.1 (2) of the Motor Vehicle Act, the person

(a) on whom the ticket is served, or

(b) to whom the ticket is mailed under subsection (4.1) of this section,

may

(c) dispute an allegation or the amount of a fine indicated on the ticket in accordance with section 14.1 of this Act,

(d) pay a fine indicated on the violation ticket in accordance with the prescribed instructions, or

(e) within 30 days of

(i) being served with the ticket, or

(ii) being deemed to have received the ticket in the mail,

file in the prescribed form and in accordance with the prescribed instructions,

(iii) the person's affidavit in which the person swears or solemnly affirms that he or she was not the driver of the motor vehicle at the time of the alleged contravention for which the person would otherwise be liable under section 76.1 (2) of the Motor Vehicle Act, and

(iv) an affidavit of another person in which the other person

(A) swears or solemnly affirms that he or she was the driver of the motor vehicle at the time of that alleged contravention, and

(B) indicates whether he or she is responsible for that alleged contravention.

(7.2) If, in an affidavit filed under subsection (7.1) (e) (iv), a person accepts responsibility for the contravention of an enactment for which the person filing the affidavit would otherwise be liable under section 76.1 (2) of the Motor Vehicle Act,

(a) a violation ticket is deemed to have been issued to the person accepting responsibility in respect of that contravention,

(b) the person accepting responsibility is deemed to have pleaded guilty to that contravention, and

(c) the prescribed fine for that contravention is payable to the Crown as if it were a fine imposed by the Provincial Court.

(7.3) If, in an affidavit filed under subsection (7.1) (e) (iv), a person does not accept responsibility for the contravention of an enactment for which the person filing the affidavit would otherwise be liable under section 76.1 (2) of the Motor Vehicle Act but does swear or solemnly affirm that he or she was the driver of the motor vehicle at the time of the alleged contravention,

(a) a violation ticket is deemed to have been issued to the person not accepting responsibility in respect of that contravention,

(b) the affidavit is deemed to be a notice of dispute under section 14.1 of this Act and the allegation contained in the ticket referred to in paragraph (a) of this subsection is deemed to have been disputed in accordance with section 14.1,

(c) the affidavit is, in the absence of evidence to the contrary, evidence that the person not accepting responsibility was the driver of the motor vehicle at the time of the alleged contravention,

(d) a copy of the violation ticket referred to in paragraph (a) must be sent to the person not accepting responsibility at the person's address as set out in the affidavit prior to the hearing of the dispute, and

(e) a copy of the violation ticket referred to in paragraph (a) must be sent to the Provincial Court for a hearing.

19 Section 14 (8) is amended by striking out "subsection (7)," and substituting "subsection (7) or (7.1),".

20 Section 14.1 (1) is amended by striking out "A person on whom a violation ticket has been served may, within 30 days of being served," and substituting "A person on whom a violation ticket is served, or to whom a violation ticket is mailed under section 14 (4.1), may, within 30 days of being served, or within 30 days of being deemed to have received the ticket in the mail,".

21 Section 14.1 (6) is amended by striking out "subsection (4)" and substituting "section 14 (7.3) (e) or subsection (4) of this section".

22 Section 14.1 (9) is amended by striking out "subsection (4)" and substituting "section 14 (7.3) (e) or subsection (4) of this section".

23 Section 14.2 (1) is repealed and the following substituted:

(1) If a person

(a) is served with a violation ticket under section 14, or

(b) receives a violation ticket in the mail under section 14 (4.1),

and the person

(c) does not pay the fine or portion of the fine or dispute the allegation or fine in accordance with section 14.1,

(d) in the case of a violation ticket issued in respect of an offence under section 76.1 (2) of the Motor Vehicle Act, does not file affidavits in accordance with section 14 (7.1) (e) of this Act, and

(e) at least 30 days have elapsed after

(i) the ticket was served on the person, or

(ii) the person is deemed to have received the ticket in the mail,

the person is deemed to have pleaded guilty to the alleged contravention and the fine indicated in the ticket is payable to the Crown as if it were a fine imposed by the Provincial Court.

24 Section 14.2 (2) is amended by striking out "Where" and substituting "Subject to subsection (2.1), if".

25 Section 14.2 is amended by adding the following subsection:

(2.1) If a person to whom a violation ticket is mailed under section 14 (4.1) in respect of an offence under section 76.1 (2) of the Motor Vehicle Act, through no fault of the person's, has not had an opportunity to

(a) dispute the allegation or the amount of the fine, or

(b) file affidavits in accordance with section 14 (7.1) (e) of this Act,

the person may appear before a justice and the justice, on being satisfied of the facts by affidavit in the prescribed form, must

(c) strike out the conviction, if any, and

(d) allow the person

(i) to dispute the allegation or the amount of the fine in accordance with section 14.1 of this Act, and

(ii) to file affidavits in accordance with section 14 (7.1) (e) of this Act.

26 Section 14.2 (3) is amended by striking out "subsection (2)," and substituting "subsection (2) or (2.1),".

27 Section 14.3 is amended by striking out "section 14 (8)" and substituting "section 14 (7.2) (b), 14 (8)".

28 Section 14.4 is amended by adding the following subsection:

(2.1) If a person files affidavits in accordance with section 14 (7.1) (e), the violation ticket to which those affidavits relate is deemed to have been cancelled.

29 Section 121.1 (2) (d) is repealed and the following substituted:

(d) prescribing the form and content of certificates and affidavits.

Commencement

30 This Act comes into force by regulation of the Lieutenant Governor in Council.

 
Explanatory Notes

SECTION 1: [Motor Vehicle Act, amends section 23]

(a) creates a separate offence for operating a motor vehicle without holding a driver's licence, and

(b) creates a separate offence for operating a motor vehicle of a particular category while holding a driver's licence that does not authorize the operation of a motor vehicle of that category.

SECTION 2: [Motor Vehicle Act, amends section 24]

(a) adds paragraph (6) (b.1) to allow regulations to be made authorizing the Superintendent of Motor Vehicles to establish a waiting period before persons learning to drive may take a road test, and

(b) adds subsection (6.1) to permit the Superintendent of Motor Vehicles to approve driver education courses and to reduce the waiting period prescribed under subsection (6) (b.1) for persons who have successfully completed an approved course. The amendment also adds subsection (7.2) to permit the Superintendent of Motor Vehicles to impose, by regulation, a condition on the driver's licence of a class of persons who have held their licences for less than a prescribed period that prohibits the holder from operating a motor vehicle with alcohol in his or her body.

SECTION 3: [Motor Vehicle Act, amends section 76 (3.1) (a)] clarifies that section 76 does not apply to an offence under the new section 23 (2.1).

SECTION 4: [Motor Vehicle Act, adds sections 76.1 and 76.2] provides that

SECTION 5: [Motor Vehicle Act, adds sections 83.1 to 83.4]

SECTION 6: [Motor Vehicle Act, adds sections 87.1 to 87.6]

SECTION 7: [Motor Vehicle Act, amends section 88]

(a) makes it an offence for a person to drive a motor vehicle knowing the person is prohibited from driving under section 87.2, and

(b) permits a certificate of service of a notice of driving prohibition under section 87.1 to be used as evidence that the person had knowledge of the driving prohibition.

SECTION 8: [Motor Vehicle Act, adds sections 95.1 to 95.95]

SECTION 9: [Motor Vehicle Act, amends section 96 (1)] is consequential to section 96.1. The amendment restricts the ability of a peace officer to impound a motor vehicle for 24 hours to persons who are driving while prohibited under section 84 or 85.

SECTION 10: [Motor Vehicle Act, adds sections 96.1 to 96.94]

SECTION 11: [Motor Vehicle Act, amends section 211.1]

(a) adds paragraphs (ii) to (ww) to permit regulations to be made prescribing

(b) permits regulations made under section 211.1 (1) (ll) and (vv) to prescribe different hearing fees for different types of hearings.

SECTION 12: [Offence Act, amends section 14 (3)] adds paragraph (e) to provide that a violation ticket issued in respect of an offence under section 76.1 (2) of the Motor Vehicle Act must contain a statement that the person against whom it is issued may file affidavits in the prescribed form in accordance with section 14 (7.1) (e) of the Offence Act.

SECTION 13: [Offence Act, adds section 14 (3.1)] states that a violation ticket issued to a person in respect of an offence under section 76.1 (2) of the Motor Vehicle Act must contain a statement that, if convicted, the person will be deemed to have been the driver at the time of the offence.

SECTION 14: [Offence Act, amends section 14 (4)] clarifies that the requirement to serve a violation ticket is subject to the power in subsection (4.1) to send certain violation tickets in the mail.

SECTION 15: [Offence Act, adds section 14 (4.1) and (4.2)] provides that

SECTION 16: [Offence Act, amends section 14 (5)] clarifies that personal service of a violation ticket is not required in all instances.

SECTION 17: [Offence Act, amends section 14 (7)] clarifies that the general options available to a person issued a violation ticket do not apply to a violation ticket issued in respect an offence under section 76.1 (2) of the Motor Vehicle Act.

SECTION 18: [Offence Act, adds section 14 (7.1) to (7.3)] provides that

SECTION 19: [Offence Act, amends section 14 (8)] clarifies that a person who has paid a fine in accordance with subsection (7.1) is deemed to have pleaded guilty to the alleged contravention.

SECTION 20: [Offence Act, amends section 14.1 (1)] clarifies that a person issued a violation ticket may take certain actions within 30 days of receiving the ticket in the mail.

SECTION 21: [Offence Act, amends section 14.1 (6)] clarifies that a violation ticket referred to the Provincial Court under section 14 (7.3) (e) may be in a form permitted by section 14.1 (6).

SECTION 22: [Offence Act, amends section 14.1 (9)] clarifies that a person who fails to appear at a hearing, referred to in section 14 (7.3) (e), to dispute an allegation will be deemed not to dispute the allegation.

SECTION 23: [Offence Act, reenacts section 14.2 (1)] clarifies that a person issued a violation ticket in respect an offence under section 76.1 (2) of the Motor Vehicle Act who does not exercise the additional option of filing affidavits in the prescribed form under section 14 (7.1) (e) of the Offence Act and does not pay the fine or dispute the ticket is deemed to have pleaded guilty to the alleged contravention.

SECTION 24: [Offence Act, amends section 14.2 (2)] makes the general rule set out in this section subject to the special rule in subsection (2.1).

SECTION 25: [Offence Act, adds section 14.2 (2.1)] modifies the general rule set out in subsection (2) for a violation ticket issued in respect of an offence under section 76.1 (2) of the Motor Vehicle Act. The 14 day limitation set out in subsection (2) does not apply and the person has the additional option of filing affidavits in the prescribed form under section 14 (7.1) (e) of the Offence Act.

SECTION 26: [Offence Act, amends section 14.2 (3)] clarifies that a certificate may be given for a conviction struck out under subsection (2.1).

SECTION 27: [Offence Act, amends section 14.3] clarifies that section 14.3 applies to a deemed guilty plea under section 14 (7.2) (b).

SECTION 28: [Offence Act, adds section 14.4 (2.1)] states that a violation ticket in respect of which affidavits are filed under section 14 (7.1) (e) is deemed to have been cancelled.

SECTION 29: [Offence Act, reenacts section 121.1 (2) (d)] adds a power to prescribe the form and content of certificates and affidavits under the Offence Act.


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