B.C: No More Court Dates Available To Fight Traffic Tickets

Update: see previous posts – January 21, 2012 British Columbia (B.C.): Traffic Offences – Fines and Penalty Points, October 30, 2010 City of Vancouver’s New “By-law Notice Dispute Adjudication System” Used for Parking Tickets

see source

British Columbia took steps years ago to begin to experiment with parking ticket courts.  Municipalities implemented pilot projects that took parking tickets out of the courts and into the hands of adjudicators.

The last and largest municipality to implement this new system of dealing with parking tickets that were being challenged was the City of Vancouver. The City of Vancouver issues almost half a million (450,000) parking tickets annually.

On November 4, 2010 @9:30 a.m. City of Vancouver’s City Council passed a report which  dramatically changed the system in place to challenge parking tickets.  This new system was implemented in February, 2011.

The hope of the new system was to deal with the backlog of unresolved parking tickets and to prevent any future backlogs.  At that time the waiting time was two and a half years (2.6 years) and the new adjudication system was expected to deal with parking tickets being challenged, in only two and a half months (2.6 months).

The new adjudication system passed reduced the time that the defendant had time to decide whether he/she would challenge the parking ticket (from 120 days, down to 14 days (106 days less). If within 14 days you do not take the steps to challenge your ticket, you will be convicted and expected to pay the fine.  If you do not pay, the City will send out your fine to a collection agency.

The City use to allow 34 days for an individual receiving a parking ticket to pay it, at a discounted rate. Under the new system, the only way to receive the discount rate, is to pay the fine within 14 days (20 days less than the current system).

Now the Province of British Columbia wants to extend this concept to the entire Province for all traffic tickets.

B.C. drivers may soon be denied their day in court to challenge traffic tickets.

Vancouver lawyer Sarah Leamon expects constitutional questions to arise with the likely passage of legislation that removes courts from disputes involving driving violations.

“The right to counsel and the right to a fair trial are most certainly going to be compromised, in my opinion,” Leamon told the Straight in a phone interview.

Bill 52, called the Motor Vehicle Amendment Act (No. 2), 2012, establishes an administrative process to deal with traffic infractions. This replaces the current court-based procedure.

“You’re not going to be able to cross-examine police officers anymore,” Leamon explained.

Shirley Bond, B.C. Liberal minister of justice and attorney general, introduced the legislation. It’s intended to unclog court dockets: about 70,000 traffic tickets are contested in B.C. courts each year. The justice ministry didn’t respond to a Straight request to interview Bond.

When the bill passed second reading on May 8, Leonard Krog, the Opposition critic for the attorney general, suggested moving consideration to the fall session. But the measure may go through a third and final reading by the time the legislature takes a break starting May 31.

According to Micheal Vonn, policy director of the B.C. Civil Liberties Association, the administrative procedure outlined in Bill 52 falls below the standards of due process.

“It’s just a very bizarre process,” she told the Straight in a phone interview. Under the legislation, traffic tickets can be contested by phone or in writing with the Office of the Superintendent of Motor Vehicles. If drivers aren’t satisfied with the results, they can ask for a ruling from a review board, whose decisions cannot be questioned before any court.

Under the current system, drivers can go to court if they don’t agree with a police officer’s claim that they violated motor-vehicle law.

Under the new legislation, drivers may end up paying more in either basic or premium insurance fees, according to Victoria lawyer Erik Magraken. “ICBC gets the right under this legislation to set up a point penalty system, which will let them increase your insurance based on the conviction of these infractions,” he told the Straight by phone. “Not only are you paying a fine for being guilty of these moving violations, but then your insurance is directly affected.”

BILL 52 — 2012

MOTOR VEHICLE AMENDMENT ACT (No. 2), 2012

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

1 Section 1 of the Motor Vehicle Act, R.S.B.C. 1996, c. 318, is amended by adding the following definition:

“monetary penalty indebtedness” means an indebtedness referred to in section 26 (1) (c.1), .

2 Section 26 is amended

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

(c.1) is indebted to the government because of his or her failure to pay a monetary penalty as defined in section 270, , and

(b) in subsection (3) by striking out “or” at the end of paragraph (c) and by adding the following paragraph:

(c.1) a monetary penalty as defined in section 270, or .

3 Section 26.1 (1) is amended by striking out “or” at the end of paragraph (a) and by adding the following paragraph:

(a.1) is indebted to the government for a monetary penalty indebtedness, or .

4 Section 27 (1) is amended by striking out “or” at the end of paragraph (a), by adding “, or” at the end of paragraph (b) and by adding the following paragraph:

(c) a monetary penalty indebtedness.

5 Section 90 is amended

(a) in subsection (1) by striking out “or” at the end of paragraph (b), by adding “or” at the end of paragraph (c) and by adding the following paragraph:

(d) is indebted to the government for a monetary penalty indebtedness, , and

(b) in subsection (3) by adding “or indebtedness referred to in subsection (1) (d)” after “any fine indebtedness”.

6 Section 90.4 (1) is amended by striking out “under section 90.1 or 90.3” and substituting “under section 90.3”.

7 Section 116 is amended by adding the following subsection:

(1.01) In addition to the matters referred to in subsection (1), the Insurance Corporation of British Columbia must include in the record it provides particulars of any contravention by the person of a driving enactment.

8 Section 210 (3) is amended by adding the following paragraphs:

(h.1) providing for the establishment and administration of a driver assessment point system in respect of the driving records of drivers who contravene driving enactments, as that term is defined in Part 10, that are prescribed for the purposes of this paragraph;

(h.2) in respect of a driver assessment point system referred to in paragraph (h.1), providing for the establishment and administration of a method by which points established in regulations under paragraph (g) may be converted or compared to driver assessment points for the purposes of driving records of drivers; .

9 The following Parts are added:

Part 10 — Driving Notices

Definitions

270  (1) In this Part and in Parts 11 and 12:

“board” means the Driving Notice Review Board established under section 284;

“disputant” means a person who files a notice of dispute under section 275;

“driving enactment” means a provision of this Act or the regulations under this Act that creates an offence and that has been designated as a driving enactment under section 271;

“driving enforcement officer” means a person or class of persons designated as a driving enforcement officer under section 278 (1) (f);

“driving notice” means a notice completed and signed by a driving enforcement officer under section 272 (1);

“monetary penalty” means, in relation to an alleged contravention of a driving enactment for which a driving notice is issued under section 272 (1), the penalty prescribed, as applicable, for payment

(a) on or before the 30th day, or

(b) after the 30th day

from the date of service under section 272 (6);

“notice of dispute” means

(a) a dispute by a person served with a driving notice of the allegation that the person contravened the driving enactment indicated on the driving notice, or

(b) an application to the superintendent by a person served with a driving notice for one or both of the following:

(i) a reduction in the monetary penalty indicated on the driving notice;

(ii) time to pay the monetary penalty indicated on the driving notice or time to pay the monetary penalty as reduced under subparagraph (i);

“resolution conference” means a conference that is scheduled by the superintendent and notice of which is sent to the disputant under section 275 (5).

(2) In this Part and in Part 12, “personal information” has the same meaning as in the Freedom of Information and Protection of Privacy Act.

Driving enactment

271  (1) Without limiting any provision of this Act, the Lieutenant Governor in Council may make regulations designating, as a driving enactment for the purposes of this Part, Part 11 and Part 12, a provision of this Act or the regulations under this Act that creates an offence.

(2) If a provision is designated under subsection (1) as a driving enactment, despite anything in this Act or the Offence Act or the regulations under this Act or the Offence Act, a violation ticket, as defined in the Offence Act, must not be issued to a person for the contravention of a driving enactment if the person

(a) holds a driver’s licence issued under this Act, or

(b) would have, at the time of the contravention of the driving enactment, held a driver’s licence issued under this Act, but for

(i) suspension of the person’s driver’s licence, or

(ii) surrender of the person’s driver’s licence to the Insurance Corporation of British Columbia.

(3) Nothing in this Part, Part 11 or 12 or in regulations under those Parts prevents, in respect of an offence created by a provision that is designated as a driving enactment under subsection (1) of this section, the commencement of proceedings by the laying of an information in Form 2 of the Schedule to the Offence Act.

Driving notice

272  (1) A driving enforcement officer may complete and sign a driving notice for contravention of a driving enactment by a person who

(a) holds a driver’s licence issued under this Act, or

(b) would have, at the time of the contravention of the driving enactment, held a driver’s licence issued under this Act, but for

(i) suspension of the person’s driver’s licence, or

(ii) surrender of the person’s driver’s licence to the Insurance Corporation of British Columbia.

(2) The following apply to a driving notice:

(a) the driving notice may be created, completed and signed in electronic format by electronic or any other means that allows the driving notice to be reproduced in intelligible form including, without limitation, electronically;

(b) in place of signing the driving notice under subsection (1), the driving enforcement officer may identify himself or herself as the person making and authenticating the driving notice by means of an electronic reproduction of his or her signature that is capable of being assigned to that driving notice only by that driving enforcement officer;

(c) the signature referred to in paragraph (b) may be made by electronic or any other means that allows the signature to be reproduced in intelligible form including, without limitation, by electronically storing the signature by means of an electronic scanner or an electronic signature pad;

(d) if the driving notice, including the driving enforcement officer’s signature, is in electronic format, it may be converted from electronic format to paper format for all purposes including, without limitation, for the purposes of subsection (4);

(e) if the driving notice, including the driving enforcement officer’s signature, is in electronic format, it may be received, transmitted, stored or sent electronically;

(f) if the driving notice is sent to the superintendent in paper format for storage, the superintendent may convert the driving notice to, and store it in, electronic format;

(g) if the superintendent has stored the driving notice in electronic format under paragraph (e) or (f),

(i) the superintendent may provide the driving notice to the board by reproducing it in electronic format or paper format, or on a record that enables the information to be subsequently displayed or immediately accessible in visible form, and

(ii) the reproductions referred to in subparagraph (i) have the same effect for all purposes as if they were an original document, if the reproduction

(A) is certified in writing by the superintendent as being a true reproduction of all the information on the driving notice, or

(B) contains a statement that it is an authentic reproduction of all the information on a driving notice stored in a database in electronic format by the superintendent.

(3) A driving notice must be in the prescribed form and must contain all of the following:

(a) the name of the person alleged to have contravened the driving enactment;

(b) a statement of the alleged contravention;

(c) a statement of the monetary penalty applicable to the alleged contravention;

(d) an address to which a notice of dispute may be delivered;

(e) a statement that if a notice of dispute is not made within the time provided in this Act

(i) the driving notice will be treated as not disputed,

(ii) the person on whom the driving notice is served will be deemed to have admitted that he or she contravened the driving enactment indicated on the driving notice, and

(iii) the monetary penalty indicated on the driving notice will be immediately payable to the government.

(4) The driving notice and any notes of the driving enforcement officer that are related to the driving notice must be sent to the superintendent, and a copy of it must be served on the person alleged to have contravened the driving enactment within 6 months of the completion of the driving notice under subsection (1).

(5) A driving notice that is sent to the superintendent under subsection (4) is not insufficient or invalid only because the instructions prescribed for the driving notice under section 278 (1) (b) are not sent to the superintendent with the driving notice.

(6) A driving enforcement officer may serve, or cause to be served, a copy of the driving notice on the person alleged to have contravened the driving enactment

(a) immediately after the alleged contravention, or

(b) by delivering it personally to the person to whom it is issued.

(7) The use on a driving notice of

(a) a word or expression authorized by the regulations made under this Act to designate the contravention of a driving enactment, or

(b) a general description of a contravention of a driving enactment

is deemed sufficient for all purposes to describe the driving enactment contravention designated by that word or expression.

(8) The person on whom a driving notice is served may

(a) file a notice of dispute in accordance with section 275, or

(b) pay the monetary penalty indicated on the driving notice in accordance with the prescribed instructions on the driving notice.

(9) If a person pays all or a portion of the monetary penalty indicated on a driving notice in accordance with subsection (8), the person is deemed to have admitted that he or she contravened the driving enactment indicated on the driving notice, and the unpaid portion of the monetary penalty is immediately payable to the government.

Proof of service

273  (1) Service of a driving notice may be proved by

(a) the oral evidence given under oath of the driving enforcement officer who served it, or

(b) the certificate of the driving enforcement officer who served it, if the certificate is endorsed on a copy of the driving notice.

(2) The certificate referred to in subsection (1) (b) is proof of the authority of the officer who signed it.

Validation of service

274  If a driving notice has been served in any manner, the service is valid if, in the opinion of the superintendent or board, as the case may be,

(a) the driving notice came to the attention of the person to be served, or

(b) the driving notice was served in such a manner that it would have come to the attention of the person to be served except for the person’s own attempts to evade service.

Disputing a driving notice

275  (1) A person on whom a driving notice has been served may, within 30 days after being served,

(a) deliver or cause to be delivered to the superintendent at or in care of the address set out in the driving notice or to an address set out in the instructions prescribed under section 278 (1) (b), anotice of dispute in the prescribed form,

(b) cause a notice of dispute to be delivered to the superintendent at or in care of an electronic address set out in the instructions prescribed under section 278 (1) (b), or

(c) appear in person at the location set out in the driving notice or at a location set out in the instructions prescribed under section 278 (1) (b) to give notice of dispute.

(2) A notice of dispute under this section

(a) must contain an address for the disputant and sufficient information to identify the driving notice that is the subject of the notice of dispute,

(b) may contain an electronic mailing address for the disputant, and

(c) may be accompanied by additional documents or information submitted by the disputant.

(3) The superintendent may collect

(a) personal information of the disputant, and

(b) personal information of another person

that is submitted by the disputant with the notice of dispute or for the purposes of a resolution conference.

(4) For the purposes of this section, a notice of dispute that is delivered by mail is deemed to have been delivered on the date on which it was mailed.

(5) When the notice of dispute containing the information referred to in subsection (2) is

(a) delivered or caused to be delivered to an address set out in the instructions prescribed under section 278 (1) (b), or

(b) given at the location set out in the instructions prescribed under section 278 (1) (b),

the superintendent must notify the disputant at the address set out in the notice of dispute of the date and time of the resolution conference.

Failure to respond to driving notice

276  If a person served with a driving notice under section 272 (6) has not, within 30 days after the driving notice was served on the person, either paid all or a portion of the monetary penalty or filed a notice of dispute in accordance with section 275,

(a) the person is deemed to have admittedthat he or she contravened the driving enactment indicated on the driving notice, and

(b) the monetary penalty indicated on the driving notice is immediately payable to the government.

Cancellation of driving notice

277  (1) The superintendent must cancel a driving notice that meets prescribed criteria or in circumstances set out in the regulations.

(2) The superintendent may cancel a driving notice

(a) that, through no fault of the person named on the driving notice, was served on a person other than the person so named, and

(b) in respect of which the person named on the driving notice was deemed to have admitted responsibility under section 276.

(3) A driving notice that is cancelled under this section is void and an admission of responsibility with respect to the driving notice is deemed never to have occurred.

Power to make regulations

278  (1) Without limiting any provision of this Act, the Lieutenant Governor in Council may make regulations for the purposes of this Part as follows:

(a) prescribing the form and content of driving notices issued under section 272 (1);

(b) prescribing instructions that must be printed beside or on the reverse side of the driving notice that is served on the person who is alleged to have contravened the driving enactment;

(c) prescribing the form of a notice of dispute for the purposes of section 275;

(d) prescribing the form of certificate of service for endorsement on the driving notice;

(e) prescribing criteria in respect of which or establishing circumstances in which a driving notice must be cancelled by the superintendent;

(f) designating a person or class of persons as a driving enforcement officer and prescribing the driving enactments in respect of which a designated person or class of persons may issue a driving notice under section 272 (1);

(g) prescribing, for the purposes of sections 272 and 276, monetary penalties for the contravention of a driving enactment

(i) if paid on or before the 30th day, and

(ii) if paid after the 30th day

from the date of service under section 272 (6) of a driving notice;

(h) respecting the electronic reception, creation, completion, signing, identifying, transmission, storage, reproduction or conversion from either paper or electronic format to the other format of

(i) a driving notice, or

(ii) a certificate of service of a driving notice;

(i) authorizing a word or expression on a driving notice issued under section 272 (1) to designate a driving enactment;

(j) governing when a notice or notification given to a disputant or another person by the superintendent or the board under this Part, Part 11 or Part 12 is deemed to be received by the disputant.

Part 11 — Resolution Conference

Resolution conference

279  (1) After filing a notice of dispute under section 275, the disputant must participate in a resolution conference with the superintendent in accordance with the notice sent under section 275 (5) and with this Part.

(2) A resolution conference may, in accordance with the request of the disputant, or in the absence of a request, in the discretion of the superintendent, be conducted in writing or by telephone or by a combination of those methods.

(3) In conducting a resolution conference, the superintendent must consider the following:

(a) the information provided by the disputant under section 275 (2) and further information that the disputant provides to the superintendent before or during the resolution conference;

(b) the information provided to the superintendent by

(i) the driving enforcement officer who issued the driving notice under section 272, or

(ii) another driving enforcement officer.

(4) Before the date of the resolution conference scheduled under section 275 (5), the superintendent must forward to the disputant the information obtained by the superintendent under subsection (3) (b).

(5) At the resolution conference, the superintendent may

(a) cancel a driving notice in accordance with section 277 (2) or for a reason or in a circumstance set out in regulations under section 278 (1) (e),

(b) accept from the disputant the disputant’s admission that he or she contravened the driving enactment indicated on the driving notice that was served on the disputant and, in accordance with the regulations, do one or both of the following:

(i) offer to reduce the amount of the monetary penalty that is indicated on the driving notice;

(ii) offer to provide the disputant with time to pay a monetary penalty indicated on the driving notice or time to pay the monetary penalty as reduced under subparagraph (i), or

(c) advise the disputant

(i) of the procedure for an application to the board for a determination by the board of whether the disputant contravened the driving enactment indicated on the driving notice, and

(ii) that the disputant must apply for the determination within 30 days after the resolution conference.

(6) A driving notice that is cancelled under subsection (5) (a) is void and an admission of responsibility with respect to the driving notice is deemed never to have occurred.

(7) An admission of responsibility referred to in subsection (5) (b) must, if required by the regulations, be in writing in the prescribed form.

(8) Promptly after the resolution conference, the superintendent must confirm to the disputant in writing at the address set out in the notice of dispute the steps taken by the superintendent under subsection (5) and this requirement is met if a reasonable effort is made by the superintendent to mail or otherwise deliver the confirmation.

(9) If

(a) the superintendent offers the disputant a reduction in the monetary penalty under subsection (5) (b) (i) or time to pay under subsection (5) (b) (ii), or both, and

(b) the disputant does not pay the monetary penalty or reduced monetary penalty, as the case may be, by the date given by the superintendent under subsection (5) (b) (ii),

the monetary penalty indicated on the driving notice that was served on the disputant is immediately payable to the government.

(10) If a disputant referred to in subsection (5) (c) pays all or part of the monetary penalty after the resolution conference, whether or not the disputant has applied for a determination by the board under section 291 (1) or a hearing has been scheduled by the board under section 296 (1) (f),

(a) the disputant is deemed to have admitted that he or she contravened the driving enactment indicated on the driving notice that was served on him or her, and

(b) the monetary penalty indicated on the driving notice is immediately payable to the government.

Resolution conference after failure to respond

280  (1) If a person who

(a) is served with a driving notice, and

(b) is deemed to have admitted responsibility under section 276

wishes to file a notice of dispute, the person must apply to the superintendent in the prescribed form and the superintendent, on being satisfied of the matters in subsection (2), may allow the application and the person to file a notice of dispute in accordance with section 275.

(2) Before allowing an application under subsection (1), the superintendent must be satisfied that the person had a valid reason for not having responded to the driving notice, or that

(a) through no fault of the person, he or she did not have an opportunity to file a notice of dispute, and

(b) the person had a genuine intention to file a notice of dispute before the period referred to in section 275 expired.

(3) If the superintendent allows an application under subsection (2), the superintendent must

(a) direct the Insurance Corporation of British Columbia to cancel or cease any administrative action that has been taken or commenced by the corporation as a consequence of the person’s failure to respond to the driving notice, and

(b) notify the person at the address set out in the notice of dispute of the date and time of the resolution conference.

Missed resolution conference

281  (1) If a disputant fails to participate in the resolution conference on the date set by a notice under section 275 (5), the disputant may, within 30 days after that date,apply to the superintendent in the prescribed form for a determination of whether

(a) through no fault of the disputant, he or she was not able to participate in the resolution conference, and

(b) the disputant had a genuine intention to participate in the resolution conference.

(2) If a disputant applies to the superintendent under subsection (1) and the superintendent is satisfied as to the matters in subsection (1) or the superintendent is satisfied that the disputant had another valid reason for not having participated in the resolution conference, the superintendent must

(a) set a new date for the resolution conference,

(b) direct the Insurance Corporation of British Columbia to cancel or cease any administrative action that has been taken or commenced by the corporation as a consequence of the person’s failure to participate in the resolution conference, and

(c) notify the person at the address set out in the notice of dispute of the date and time of the resolution conference.

(3) If a disputant fails to participate in the resolution conference

(a) on the date set by a notice under section 275 (5) and does not apply within 30 days after that date for a determination under subsection (1), or

(b) on the new date set by the superintendent for a resolution conference under subsection (2) (a),

the notice of dispute is deemed not to have been made, the person is deemed to have admitted that he or she contravened the driving enactment indicated on the driving notice that was served on him or her and the monetary penalty indicated on the driving notice is immediately payable to the government.

Power to make regulations

282  (1) Without limiting any provision of this Act, the Lieutenant Governor in Council may make regulations for the purposes of this Part as follows:

(a) prescribing, for the purposes of section 279 (5) (b) (i), the percentage by which the superintendent may reduce a monetary penalty;

(b) setting out the maximum amount of time that may be given by the superintendent under section 279 (5) (b) (ii) to a disputant to pay a monetary penalty or a reduced monetary penalty;

(c) requiring that an admission under section 279 (5) (b) be in writing and prescribing the form for that purpose;

(d) prescribing forms for the purposes of sections 280 (1) and 281 (1).

Part 12 — Driving Notice Review Board

Definition

283  In this Part, “application” means the application made by a disputant under section 291 for a determination by the board.

Division 1 — Establishment and Mandate of Board

Establishment of Driving Notice Review Board

284  (1) The Driving Notice Review Board is established.

(2) The board is responsible for determining whether a disputant contravened the driving enactment indicated on a driving notice that was served on the disputant.

(3) The board consists of the following members appointed by the Lieutenant Governor in Council:

(a) one member designated as the chair;

(b) one or more members designated as vice chairs after consultation with the chair;

(c) other members appointed after consultation with the chair.

Exclusive jurisdiction of board

285  (1) The board has exclusive and final jurisdiction to

(a) inquire into, hear and decide all matters and questions of law, fact and discretion arising or required to be determined in an application for a determination of whether a disputant contravened the driving enactment indicated on a driving notice that was served on the disputant, and

(b) to make any order permitted to be made.

(2) A decision or order on a matter in respect of which the board has exclusive jurisdiction is final and conclusive and not open to question or review in any court.

Staff of board

286  (1) Employees necessary for the board to exercise its powers and perform its duties may be appointed under the Public Service Act.

(2) The chair of the board may

(a) retain persons in capacities other than as employees whom the board considers necessary for the exercise of the powers and the performance of the duties of the board, and

(b) set the remuneration of, and other terms and conditions under which, a person referred to in paragraph (a) is retained.

Application of Administrative Tribunals Act

287  Sections 1 to 10, 11 (1) and (2) (c), (e), (f), (h) to (l), (n) to (q), (s), (t) and (u), (3) and (4), 12 to 15, 18 (b), 19,20, 27, 30, 31 (1) (a) to (f), (2) and (3), 32, 34 (3) and (4), 35, 38, 39, 40 (1) to (4), 44 (1), 45, 46.3, 48, 49 (2), 50 (3) and (4), 51, 53, 57, 58, 60 (a) and (b) and 61 of the Administrative Tribunals Act apply to the board.

Division 2 — Information and Confidentiality

Publication of current applications and decisions

288  (1) The board may publish on the internet or otherwise make available to the public

(a) information set out in the regulations respecting current applications to the board, and

(b) its orders, decisions and written reasons for the decisions or summaries of the reasons.

(2) For the purposes of subsection (1), the board must remove or obscure personal information or replace the personal information with anonymous identifiers.

Collection of personal information

289  The board may collect personal information of the disputant and personal information of another individual that is

(a) submitted by the disputant with an application,

(b) provided by the disputant to the board for subsequent purposes of the application and determination by the board,

(c) provided by a disputant for the purposes of an application under section 293 or 297, or

(d) submitted by a person who is not the disputant for a purpose referred to in paragraph (b) or (c).

Confidentiality

290  (1) Except in the performance of his or her duties or the exercise of his or her powers, a board member, a member of the board’s staff appointed under section 286 (1) or a person retained under section 286 (2) must not disclose information obtained in the exercise of the powers or performance of the duties.

(2) A board member, a member of the board’s staff appointed under section 286 (1) or a person retained under section 286 (2) must not be required to testify or produce evidence in any proceeding, other than a criminal proceeding, about records or information obtained in the exercise of powers or performanceof duties under this Part.

(3) Nothing in this section prevents the court from requiring the board to produce the record of a proceeding that is the subject of an application for judicial review under the Judicial Review Procedure Act.

Division 3 — Application to Board for Determination

Application for board determination

291  (1) Within 30 days after the date of a resolution conference held in accordance with section 279, the disputant may apply to the board in the form established by the board for a determination of whether the disputant contravened the driving enactment indicated on the driving notice that was served on him or her.

(2) A disputant may submit additional documents or information with the application referred to in subsection (1).

(3) If a disputant does not apply for a review under this section within 30 days after the date of a resolution conference,

(a) the disputant is deemed to have admitted that he or she contravened the driving enactment indicated on the driving notice served on him or her, and

(b) the monetary penalty indicated on the driving notice is immediately payable to the government.

(4) The board may join 2 or more applications that are made by a single disputant for the purposes of a determination under section 300.

Board must dismiss application for review

292  The board must dismiss an application if the disputant has paid all or part of a monetary penalty or has agreed with the superintendent at a resolution conference to pay the monetary penalty or a reduced monetary penalty.

Board review after failure to apply to board

293  (1) If a disputant who

(a) has participated in and concluded a resolution conference with the superintendent under section 279, and

(b) is deemed to have admitted responsibility under section 291 (3),

wishes to make an application to the board for a determination of whether the disputant contravened the driving enactment indicated on the driving notice that was served on him or her, the disputant must apply to the board in the form or in the manner established by the board and the board, on being satisfied of the matters in subsection (2), may, by order, allow the disputant to make the application for a determination by the board.

(2) Before making an order under subsection (1) allowing an application to proceed, the board must be satisfied that the disputant had a valid reason for not having applied to the board under section 291 or that

(a) through no fault of the disputant, he or she did not have an opportunity to make the application, and

(b) the disputant had a genuine intention to make the application before the period referred to in that section expired.

(3) If the board makes an order under subsection (1),

(a) the board must notify the superintendent, who must direct the Insurance Corporation of British Columbia to cancel or cease any administrative action that has been taken or commenced by the corporation as a consequence of the disputant’s failure to apply to the board within 30 days in accordance with section 291, and

(b) the disputant is no longer deemed to have admitted that he or she contravened the driving enactment indicated on the driving notice that was served on him or her.

Enforcement officer to provide information

294  (1) A driving enforcement officer must, on the board’s request, promptly forward to the board

(a) a certificate of service completed by the driving enforcement officer who served the driving notice on the disputant under section 272 (6), in the form established by regulation under section 278, showing that the driving notice was personally served on the disputant, if the certificate was endorsed on a copy of the driving notice,

(b) a report, in the form established by regulation, sworn or solemnly affirmed by the driving enforcement officer who issued the driving notice under section 272 (1), and

(c) other documents and information in the possession or under the control of the driving enforcement officer that are related to the driving notice.

(2) The board must, as soon as practicable, and before the pre-hearing conference, forward to the disputant copies of the things forwarded to the board under subsection (1).

Division 4 — Pre-hearing and Hearing

Notice of pre-hearing conference

295  As soon as practicable after receipt of an application that is not dismissed by the board under section 292, the board must send a notice to the disputant, setting out the date, time and telephone number for the pre-hearing conference referred to in section 296.

Pre-hearing conference

296  (1) The board must conduct a pre-hearing conference by telephone to

(a) determine whether the hearing should be in person, in writing, by telephone, video conference or other electronic means or by a combination of those methods,

(b) provide information to the disputant regarding the hearing process,

(c) set requirements for pre-hearing disclosure,

(d) review proposed lists of witnesses, if any, and a written summary of the evidence of each witness,

(e) determine whether written submissions are required, and

(f) schedule the hearing.

(2) After scheduling the hearing, the board must send a notice to the disputant, setting out the date and time of the hearing and the form the hearing will take.

(3) A notice under subsection (2) must give the disputant information about the manner in which the disputant must contact the board or the place at which the disputant must appear in order for the board to conduct the hearing.

(4) If during or subsequent to the pre-hearing conference the disputant admits, in the prescribed form, that he or she contravened the driving enactment indicated on the driving notice that was served on him or her, the monetary penalty indicated on the driving notice is immediately payable to the government.

(5) Despite section 295 and subsection (1) of this section, but subject to section 297, if the disputant does not participate in the pre-hearing conference,

(a) the board must not schedule a hearing,

(b) the disputant is deemed to have admitted that he or she contravened the driving enactment indicated on the driving notice that was served on him or her, and

(c) the monetary penalty indicated on the driving notice is immediately payable to the government.

Missed pre-hearing conference or board hearing

297  (1) This section applies if a disputant fails to participate in the pre-hearing conference on the date set by a notice under section 295 or to appear before the board at the hearing on the date set by a notice sent under section 296.

(2) In the circumstances set out in subsection (1), the disputant may, within 30 days after the date in a notice referred to in that subsection, apply to the board in the form or in the manner established by the board for a determination of whether,

(a) in the case of a pre-hearing conference, the disputant had a valid reason for failing to participate in the conference, or

(i) through no fault of the disputant, he or she did not have an opportunity to participate in the conference, and

(ii) the disputant had a genuine intention to participate in the conference, or

(b) in the case of a hearing, the disputant had a valid reason for failing to appear before the board or participate in the hearing, or

(i) through no fault of the disputant, he or she did not have an opportunity to attend the hearing, and

(ii) the disputant had a genuine intention to attend or participate in the hearing.

(3) If a disputant applies to the board under subsection (2) and the board is satisfied of the applicable matters referred to in that subsection, the board must

(a) in the case of a pre-hearing conference, schedule a new date and send a notice to the disputant setting out the new date and time and telephone number for the conference, or

(b) in the case of a hearing, schedule a new date for the hearing and send a notice to the disputant setting out the new date and time of the hearing and the form the hearing will take.

(4) If the board schedules a new date under subsection (3) (a) or (b), the board must notify the superintendent, who must direct the Insurance Corporation of British Columbia to cancel or cease any administrative action that has been taken or commenced by the corporation as a consequence of the disputant’s failure to participate or appear.

(5) Subsection (6) applies if a disputant fails,

(a) in the case of a pre-hearing conference, to participate in the pre-hearing conference on the date set by a notice under section 295 and the board does not schedule a new date for the conference under subsection (3) (a) of this section or the disputant does not participate in the conference on the new date set by a notice under subsection (3) (a) of this section, or

(b) in the case of a hearing, to appear before the board at the hearing or participate in the hearing on the date set by a notice under section 296 and the board does not schedule a new date for the hearing under subsection (3) (b) of this section, or the disputant does not appear before the board at the hearing on the new date set by a notice under subsection (3) (b) of this section.

(6) In the circumstances referred to in subsection (5) (a) or (b),

(a) the allegation that the disputant contravened a driving enactment indicated on a driving notice that was served on him or her is deemed not to be disputed,

(b) the disputant is deemed to have admitted that he or she contravened the driving enactment indicated on the driving notice, and

(c) the monetary penalty indicated on the driving notice is immediately payable to the government.

(7) Despite subsection (2), the board may, in extraordinary circumstances, accept an application for the scheduling of a new date for a pre-hearing conference or a hearing that is not made within 30 days after the date set by a notice under section 295 or 296.

(8) If the board accepts an application under subsection (7), the board must

(a) schedule a new date and send a notice to the disputant setting out

(i) the date and time and telephone number for the pre-hearing conference, or

(ii) the date and time of the hearing and the form the hearing will take, and

(b) notify the superintendent, who must direct the Insurance Corporation of British Columbia to cancel or cease any administrative action that has been taken or commenced by the corporation as a consequence of the disputant’s failure to participate or appear.

(9) If the disputant fails to participate or appear on a date set under subsection (7), subsection (6) (a), (b) and (c) applies.

(10) Section 296 (3) applies to a notice referred to in subsections (3) (b) and (8) (a) (ii) of this section.

Board hearing

298  (1) A hearing conducted by the board may be conducted by no more than one member of the board.

(2) The board may hold a hearing in person, in writing, by telephone, video conference or other electronic means, or by a combination of those methods.

(3) At the hearing, the board must consider all of the following before making a determination under section 300:

(a) the driving notice that was served on the disputant;

(b) the application by the disputant for a determination by the board;

(c) documents and information provided by the disputant with the application or provided subsequently by the disputant or another person for the purposes of the board’s determination;

(d) the sworn or solemnly affirmed report of

(i) the driving enforcement officer who served the driving notice on the disputant, or

(ii) another driving enforcement officer;

(e) other information provided by the driving enforcement officer under section 294;

(f) testimony given at the hearing;

(g) written submissions made to the board;

(h) other information the board considers relevant.

(4) The board may determine the weight to be given to a document or other information referred to in subsection (3), including a document or information that is not sworn or solemnly affirmed.

(5) Despite subsection (3), the board may, in the board’s discretion, proceed with a hearing whether or not the board has received, at the time of the hearing, all of the information referred to in that subsection.

(6) If the member of the board who is hearing a matter is unable for any reason to complete the member’s duties, the chair of the board may designate another member to continue to hear and determine the matter and the vacancy does not invalidate the proceeding.

When hearing open to public

299  (1) A hearing that is held in person must be open to the public.

(2) Despite subsection (1), the board may direct that all or part of the information be received to the exclusion of the public if the board is of the opinion that

(a) the desirability of avoiding disclosure in the interests of any person or the disputant or in the public interest outweighs the desirability of adhering to the principle that hearings be open to the public, or

(b) it is not practicable to hold the hearing in a manner that is open to the public.

(3) The board must make a document submitted in a hearing accessible to the public unless the board is of the opinion that subsection (2) (a) applies to the document.

Division 5 — Board Decision

Powers of board on conclusion of hearing

300  (1) At the conclusion of a hearing, the board must determine that the disputant

(a) did not contravene the driving enactment indicated on the driving notice that was served on the disputant, or

(b) did contravene the driving enactment indicated on the driving notice that was served on the disputant.

(2) The board must notify the superintendent of a determination under subsection (1).

(3) The superintendent must cancel a driving notice that is the subject of a determination under subsection (1) (a) and the driving notice so cancelled is void.

(4) If the board determines that the disputant did contravene the driving enactment indicated on the driving notice that was served on the disputant, the monetary penalty indicated on the driving notice is immediately payable to the government.

Board decision on driving record

301  If the board

(a) determines at the conclusion of a hearing that the disputant contravened the driving enactment,

(b) declines to make an order under section 293, or

(c) does not schedule a new date under section 297,

the board must notify the superintendent for the purposes of the driving record of the disputant.

Division 6 — General

Offence

302  A person commits an offence who provides false or misleading information to the board.

Power to make regulations

303  (1) Without limiting any provision of this Act, the Lieutenant Governor in Council may make regulations as follows:

(a) setting out the information about current applications before the board that may be made available to the public or published on the internet under section 288 (1) (a);

(b) establishing the form of report for the purposes of section 294 (1) (b);

(c) prescribing the form of admission of a contravention for the purposes of section 296 (4).

Consequential and Related Amendments

Freedom of Information and Protection of Privacy Act

10 Schedule 2 of the Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165, is amended by adding the following:

Public Body:Driving Notice Review Board
Head:Chair .

Insurance Corporation Act

11 Section 7 of the Insurance Corporation Act, R.S.B.C. 1996, c. 228, is amended byadding the following paragraph:

(h.1) receive, hold, manage and collect, for and on behalf of the government, revenue from monetary penalties in connection with driving notices under the Motor Vehicle Act, for contravention of provisions of that Act that have been designated by regulation as driving enactments; .

Insurance (Vehicle) Act

12 Section 1.1 of the Insurance (Vehicle) Act, R.S.B.C. 1996, c. 231, is amended by adding the following definition:

“driver assessment points” means driver assessment points that may be recorded against the driving record of a driver under the Motor Vehicle Act or under this Part and the regulations under this Part; .

13 Section 34 (1.1) is amended

(a) by adding the following paragraphs:

(d.1) adopt or establish a driver assessment point system classifying drivers according to the number, nature and kind of contraventions of driving enactments under the Motor Vehicle Act;

(d.2) in respect of a driver assessment point system adopted or established in accordance with paragraph (d.1), adopting or establishing a method by which point penalties may be converted or compared to driver assessment points for the purposes of assessing and levying basic or additional premiums under the plan against drivers at the times and under the terms and conditions the corporation considers appropriate; , and

(b) by repealing paragraph (e) and substituting the following:

(e) according to any system of classifying drivers adopted under paragraph (c), a point penalty system adopted or established under paragraph (d) or a driver assessment point system adopted or established under paragraph (d.1), assess and levy basic or additional premiums under the plan against drivers at the times and under the terms and conditions the corporation considers appropriate.

14 Section 93.1 is amended

(a) in subsection (1) in the definition of “fine indebtedness” by striking out “paragraph (f)” and substituting “paragraph (f) or (g)”, and

(b) in subsection (1) in the definition of “vehicle indebtedness” by striking out “and” at the end of paragraph (e), by adding “, and” at the end of paragraph (f) and by adding the following paragraph:

(g) indebtedness to the government because of a failure to pay a monetary penalty as defined in section 270 of the Motor Vehicle Act.

Offence Act

15 Section 11 of the Offence Act, R.S.B.C. 1996, c. 338, is repealed and the following substituted:

Commencing proceedings

11  Proceedings must be commenced by the laying of an information in Form 2 or by means of a violation ticket under section 14.

16 Section 14 is amended by adding the following subsection:

(2.1) For the purpose of a violation ticket issued in respect of an offence under the Motor Vehicle Act or another Act that is prescribed under section 132 (2) (i) of this Act, but without limiting the application of subsection (1) or (2) of this section, paragraphs (a) to (g) of subsection (2) apply.

17 Section 132 (2) is amended by adding the following paragraph:

(i) prescribing offences under the Motor Vehicle Act or another Act for the purposes of section 14 (2.1).

Commencement

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

Explanatory Notes

SECTION 1: [Motor Vehicle Act, section 21] adds a definition.

SECTION 2: [Motor Vehicle Act, section 26] allows the Insurance Corporation of British Columbia to refuse to issue a driver’s or motor vehicle licence or permit or number plates to a person who owes the government a monetary penalty.

SECTION 3: [Motor Vehicle Act, section 26.1] allows the Insurance Corporation of British Columbia to cancel the driver’s licence of a person who owes the government a monetary penalty.

SECTION 4: [Motor Vehicle Act, section 27] allows the Insurance Corporation of British Columbia to issue a short term driver’s licence to a person who owes the government a monetary penalty but who has made an arrangement for payment of the penalty.

SECTION 5: [Motor Vehicle Act, section 90] allows the Insurance Corporation of British Columbia to suspend the motor vehicle licence or permit and number plates relating to a motor vehicle owned by a person who owes the government a monetary penalty.

SECTION 6: [Motor Vehicle Act, section 90.4] repeals an obsolete cross-reference.

SECTION 7: [Motor Vehicle Act, section 116] requires the Insurance Corporation of British Columbia to include the contravention of a driving enactment in providing an extract of a person’s record.

SECTION 8: [Motor Vehicle Act, section 210] allows the establishment of driver assessment points.

SECTION 9: [Motor Vehicle Act, Parts 9 to 11] adds new Parts to establish

  • driving notices under the Act in place of violation tickets under the Offence Act in some instances,
  • the ability of the Superintendent of Motor Vehicles to conduct resolution conferences in relation to driving notices, and
  • the Driving Notice Review Board to determine whether a person has contravened a driving enactment.

SECTION 10: [Freedom of Information and Protection of Privacy Act, Schedule 2] is self- explanatory.

SECTION 11: [Insurance Corporation Act, section 7] adds to the mandate of the Insurance Corporation of British Columbia the ability to collect monetary penalty revenue resulting from the issuance of driving notices under amendments to the Motor Vehicle Act.

SECTION 12: [Insurance (Vehicle) Act, section 1.1] defines driver assessment points.

SECTION 13: [Insurance (Vehicle) Act, section 34 (1.1)] allows the Insurance Corporation of British Columbia to use driver assessment points to assess and levy a driver premium for basic or additional insurance and to establish or adopt a method to use driver assessment points in addition to, or instead of, penalty points.

SECTION 14: [Insurance (Vehicle) Act, section 93.1] allows the Insurance Corporation of British Columbia, because of a person’s failure to pay a monetary penalty under the Motor Vehicle Act, to refuse an application for insurance by the person, cancel an owner’s or driver’s certificate or universal compulsory vehicle insurance in the person’s name and issue a short term owner’s or driver’s certificate or universal compulsory vehicle insurance policy to the person.

SECTION 15: [Offence Act, section 11] repeals an obsolete reference to the Motor Vehicle Act.

SECTION 16: [Offence Act, section 14] permits certain electronic procedures in relation to violation tickets issued in respect of offences that are specified in the regulations.

SECTION 17: [Offence Act, section 132] adds a regulation-making power consequential to changes made to section 14.

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