Difference between revisions of "Motor Vehicle Violation Tickets (13:V)"

Revision as of 20:05, 10 February 2017

A. General Information

What is commonly referred to as a “speeding ticket”, is known legally as a provincial “Violation Ticket”, issued in accordance with the provisions of the Offence Act. This section provides information on Violation Tickets, including how to dispute a Violation Ticket.

An individual charged under the Motor Vehicle Act will receive a violation ticket issued under s 14 of the Offence Act. However, under s 11 of the Offence Act, a person can also be charged criminally for a violation of the Motor Vehicle Act. This is for serious offences such as Motor Vehicle Act ss 95 and 102 (driving while prohibited). Court attendance is compulsory when an Information is laid, but, in the case of a violation ticket, court attendance is only required if a violation ticket is disputed.

B. How to Dispute a Violation Ticket

These procedures may change from time to time. Refer to the information on the back of your Violation Ticket for the most up-to-date information.

A special procedure for adjudicating violation tickets is set out in sections 14-18 of the Offence Act. To dispute a violation ticket, one must either go to an ICBC office or provincial court registry with the ticket, or mail a “Notice of Dispute Form PTR021”, as well as a copy of the Violation Ticket to: Ticket Dispute Processing, Bag #3510, Victoria, BC, V8W 3P7. The notice of dispute must contain the address of the accused and sufficient information to identify the violation ticket and the alleged contravention or fine disputed (Offence Act s 15(3)).

You must file your notice of dispute within 30 days of the day on which the ticket was issued.

Motor Vehicle Act section 124 gives municipalities authority to create motor vehicle bylaws on matters such as parking and to enforce them by fine or imprisonment under s 124(1)(u). Municipalities cannot use this authority with respect to speeding (s 124(2)). An individual charged with a bylaw offence will receive a bylaw infraction notice or a Municipal Ticket Information. While the following generally applies to these offences, special procedures may be imposed. Follow the procedures outlined on the bylaw infraction notice or Municipal Ticket Information.

More information on disputing violation tickets is available on the BC Ministry of Justice website.

1. What if you miss the 30-day time limit?

If you do not file your dispute within 30 days, you must file an “Affidavit Form PTR020”, pursuant to s. 16(2) of the Offence Act, available at any court registry, explaining the reasons for your delay, along with the “Notice of Dispute Form PTR021” and a copy of the ticket. Extensions are not guaranteed, and are at the discretion of the justice considering your application.

2. What happens in traffic court?

When you attend traffic court, your case will generally be presided over by a Judicial Justice of the Peace, and not a Judge. Justices of the Peace are addressed as “your worship”. The Justice will guide the hearing process. There is no Crown Prosecutor in traffic court, and police officers prosecute the tickets.

Police officers can provide testimony in person, via video- or tele-conference, or by certificate. You cannot be convicted without the evidence of the officer who issued you the ticket. If the police officer who issued your ticket does not attend in person or electronically, and has not submitted a certificate, the officer present cannot provide sufficient evidence to convict you. The officer must provide evidence beyond a reasonable doubt that you committed the offence in question.

The officer prosecuting you may try to convince you to plead guilty to the offence with which you have been charged. Although it is your choice whether to plead guilty, you should keep in mind that you have the right to challenge the validity of the violation ticket. The officer must prove the offence beyond a reasonable doubt, and that the officer cannot prove the offence beyond a reasonable doubt if the officer who issued the ticket is not present. In such situations, you should plead “not guilty”. The presiding justice will most likely dismiss the ticket for “want of prosecution” and the ticket will be dismissed.

If you plead not guilty, the officer may attempt to adjourn the matter to another day when the other officer can attend. You should oppose this adjournment, and note that you were not given advance notice.

In challenging a ticket, it is important to:

Read the relevant sections of the Motor Vehicle Act to determine the elements of the offence and, if the Crown fails to lead evidence on any of these elements, motion for dismissal at the conclusion of the Crown’s presentation. The evidence must include identification of the alleged offender by name and address as well as the time, date, and location of the offence.
Pursuant to provisions in the Offence Act, the Crown can easily amend most mistakes on Violation Tickets.
If you plead guilty and are applying for a fine reduction, the offender must show economic hardship, the justice of the peace has the power to reduce the fine. Section 88 of the Offence Act states that the fine can be reduced based on the offender’s means and ability to pay, subject to minimum fines specified in the Motor Vehicle Act.

In some instances, Legal Aid is available to people charged with an offence under the Motor Vehicle Act for which their livelihood would be in jeopardy upon conviction.

The decision of a Provincial Court judge or justice of the peace may be appealed to the Supreme Court of BC. A record of the finding is sent to the Superintendent of Motor Vehicles (hereinafter, the “Superintendent”). Any discretionary determination made by the Superintendent may, in certain circumstances, be subject to judicial review.

For more detailed information on disputing violation tickets, you may wish to consult the University of Victoria Law Centre’s information on defending traffic tickets at http://thelawcentre.ca/defending.

3. What happens if I cannot make the court appearance?

You can apply to a justice for an adjournment , by filing the “Application to Adjourn a Hearing PTR818” form. This form can be filed by mailing it to the Violation Ticket Centre address listed above, or filing it at any court registry. All applications should be made within 2 weeks of the scheduled hearing date. In urgent circumstances you can have a lawyer, friend of family member attend and make an application for an adjournment at the date and time of the scheduled hearing.

4. What if you miss the court date?

If you do not attend the hearing, the ticket will be deemed not disputed, the conviction will apply to your driving record, and the full fine amount will be immediately payable.

Within 30 days of missing the scheduled hearing date you may file an “Affidavit Form PTR019” pursuant to s. 15(10) of the Offence Act, requesting a new hearing date at the registry of the provincial court where your ticket was set to be heard. After 30 days from the missed hearing date you must file “Affidavit form PTR020”, pursuant to s. 16(2) of the Offence Act.

@@ Line 1: / Line 1: @@
 {{LSLAP Manual TOC|expanded = motor}}
-== A. Equipment Standards in General ==
+== A. General Information ==
-The general rule is that a “person must not drive or operate a motor vehicle or trailer on a highway or rent a motor vehicle or trailer unless it is equipped in all respects in compliance with this Act and of the regulations” (MVA s 219(1)). Section 219(2) permits a peace officer to require the inspection of a registered owner’s motor vehicle and motor vehicles at a rental firm.
+What is commonly referred to as a “speeding ticket”, is known legally as a provincial “Violation Ticket”, issued in accordance with the provisions of the ''Offence Act''. This section provides information on Violation Tickets, including how to dispute a Violation Ticket.
-Under MVAR s 25.30, where a police officer has reasonable and probable grounds to believe that a vehicle is unsafe for use on a highway,  regardless of whether or not the vehicle actually meets the standards prescribed under the MVA, the officer may:
+An individual charged under the ''Motor Vehicle Act'' will receive a violation ticket issued under s 14 of the ''Offence Act''. However, under s 11 of the ''Offence Act'', a person can also be charged criminally for a violation of the ''Motor Vehicle Act''. This is for serious offences such as ''Motor Vehicle Act'' ss 95 and 102 (driving while prohibited). Court attendance is compulsory when an Information is laid, but, in the case of a violation ticket, court attendance is only required if a violation ticket is disputed.
-#order the vehicle removed from the highway until repairs as ordered by the officer are completed or the peace officer revokes the order; and/or
-#order the surrender of the vehicle license and/or number plates.
-== B. Seat Belt Assembly ==
+== B. How to Dispute a Violation Ticket ==
-Section 220 of the MVA requires that any motor vehicle manufactured after December 1, 1963 must be equipped with at least two front seat belt assemblies before it is sold or operated.
+'''These procedures may change from time to time. Refer to the information on the back of your Violation Ticket for the most up-to-date information.'''
-Section 220(4) requires that when the motor vehicle is operated, these assemblies must be properly fastened except as per s 220(5):
+A special procedure for adjudicating violation tickets is set out in sections 14-18 of the ''Offence Act''. To dispute a violation ticket, one must either go to an ICBC office or provincial court registry with the ticket, or mail a “Notice of Dispute Form PTR021”, as well as a copy of the Violation Ticket to: Ticket Dispute Processing, Bag #3510, Victoria, BC, V8W 3P7. The notice of dispute must contain the address of the accused and sufficient information to identify the violation ticket and the alleged contravention or fine disputed (''Offence Act'' s 15(3)).
-#when a person is driving in reverse, or
-#in the case of a person engaged in work which requires frequent alighting and in which the maximum vehicle speed is 40 km per hour.
-Courts have upheld the rules enforcing mandatory seat belt use as they are held not to be an infringement of an individual’s ''Charter'' rights. The provisions are integral to the broad legislative scheme promoting highway safety and minimizing the overall human and economic cost of accidents. The alleged infringement of a person’s right to free choice is so insignificant that it cannot be considered a measurable breach of ''Charter'' rights: ''R v Kennedy'', [1987] BCJ No 2028, 18 BCLR (2d) 321 (CA).
+'''You must file your notice of dispute within 30 days of the day on which the ticket was issued.'''
-== C. Air Pollution Controls ==
+''Motor Vehicle Act'' section 124 gives municipalities authority to create motor vehicle bylaws on matters such as parking and to enforce them by fine or imprisonment under s 124(1)(u). Municipalities cannot use this authority with respect to speeding (s 124(2)). An individual charged with a bylaw offence will receive a bylaw infraction notice or a Municipal Ticket Information. While the following generally applies to these offences, special procedures may be imposed. '''Follow the procedures outlined on the bylaw infraction notice or Municipal Ticket Information.'''
-Section 49(1) of the MVA empowers the Lieutenant Governor in Council to make regulations respecting the control of emissions from motor  vehicles. These are set out in Division 29 of the MVAR.
+More information on disputing violation tickets is available on the [http://www.ag.gov.bc.ca/courts/tickets/provincial/info/dispute.htm BC Ministry of Justice website].
-Under s 50(1) of the MVA, the Superintendent has established “AirCare” as the certification program requiring compliance with motor vehicle  standards set out in MVA s 49(1) and the MVAR. Under MVA s 48, the Superintendent may refuse to issue a license for a motor vehicle that has  not been certified under s 50 within 12 months prior to the application of license renewal and which is not exempt from this requirement.
+=== 1. What if you miss the 30-day time limit? ===
-Under MVA s 50(3), the Superintendent may certify a motor vehicle even though the motor vehicle does not fully comply with the Regulations  under MVA s 49 (i.e. fails AirCare), as long as the Superintendent is satisfied that the owner of the motor vehicle has made and will make all reasonable efforts to bring the motor vehicle into compliance and undue hardship would result to the owner if the motor vehicle is not certified under this section.
+If you do not file your dispute within 30 days, you must file an “Affidavit Form PTR020”, pursuant to s. 16(2) of the ''Offence Act'', available at any court registry, explaining the reasons for your delay, along with the “Notice of Dispute Form PTR021” and a copy of the ticket. Extensions are not guaranteed, and are at the discretion of the justice considering your application.
-It is an offence to operate a motor vehicle that fails to  meet the standards. The penalty can be a fine ranging from $50 to $500 (MVA s 47(3)).
+=== 2. What happens in traffic court? ===
+When you attend traffic court, your case will generally be presided over by a Judicial Justice of the Peace, and not a Judge. Justices of the Peace are addressed as “your worship”. The Justice will guide the hearing process. There is no Crown Prosecutor in traffic court, and police officers prosecute the tickets.
+Police officers can provide testimony in person, via video- or tele-conference, or by certificate. You cannot be convicted without the evidence of the officer who issued you the ticket. If the police officer who issued your ticket does not attend in person or electronically, and has not submitted a certificate, the officer present cannot provide sufficient evidence to convict you. The officer must provide evidence beyond a reasonable doubt that you committed the offence in question.
+The officer prosecuting you may try to convince you to plead guilty to the offence with which you have been charged. Although it is your choice whether to plead guilty, you should keep in mind that you have the right to challenge the validity of the violation ticket. The officer must prove the offence beyond a reasonable doubt, and that the officer cannot prove the offence beyond a reasonable doubt if the officer who issued the ticket is not present. In such situations, you should plead “not guilty”. The presiding justice will most likely dismiss the ticket for “want of prosecution” and the ticket will be dismissed.
+If you plead not guilty, the officer may attempt to adjourn the matter to another day when the other officer can attend. You should oppose this adjournment, and note that you were not given advance notice.
+In challenging a ticket, it is important to:
+*Read the relevant sections of the ''Motor Vehicle Act'' to determine the elements of the offence and, if the Crown fails to lead evidence on any of these elements, motion for dismissal at the conclusion of the Crown’s presentation. The evidence must include identification of the alleged offender by name and address as well as the time, date, and location of the offence.
+*Pursuant to provisions in the ''Offence Act'', the Crown can easily amend most mistakes on Violation Tickets.
+*If you plead guilty and are applying for a fine reduction, the offender must show economic hardship, the justice of the peace has the power to reduce the fine. Section 88 of the ''Offence Act'' states that the fine can be reduced based on the offender’s means and ability to pay, subject to minimum fines specified in the ''Motor Vehicle Act''.
+In some instances, Legal Aid is available to people charged with an offence under the ''Motor Vehicle Act'' for which their livelihood would be in jeopardy upon conviction.
+The decision of a Provincial Court judge or justice of the peace may be appealed to the Supreme Court of BC. A record of the finding is sent to the Superintendent of Motor Vehicles (hereinafter, the “Superintendent”). Any discretionary determination made by the Superintendent may, in certain circumstances, be subject to judicial review.
+For more detailed information on disputing violation tickets, you may wish to consult the University of Victoria Law Centre’s information on defending traffic tickets at http://thelawcentre.ca/defending.
+=== 3. What happens if I cannot make the court appearance? ===
+You can apply to a justice for an adjournment , by filing the “Application to Adjourn a Hearing PTR818” form. This form can be filed by mailing it to the Violation Ticket Centre address listed above, or filing it at any court registry. All applications should be made within 2 weeks of the scheduled hearing date. In urgent circumstances you can have a lawyer, friend of family member attend and make an application for an adjournment at the date and time of the scheduled hearing.
+=== 4. What if you miss the court date? ===
+If you do not attend the hearing, the ticket will be deemed not disputed, the conviction will apply to your driving record, and the full fine amount will be immediately payable.
+Within 30 days of missing the scheduled hearing date you may file an “Affidavit Form PTR019” pursuant to s. 15(10) of the ''Offence Act'', requesting a new hearing date at the registry of the provincial court where your ticket was set to be heard. After 30 days from the missed hearing date you must file “Affidavit form PTR020”, pursuant to s. 16(2) of the ''Offence Act''.
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