Difference between pages "Newcomers to Canada and Family Law" and "Provincial Driving Offences (13:VI)"

Revision as of 22:52, 28 September 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 21, 2020.

A. Common Offences

1. Speeding

The most common provincial offence committed in BC is speeding in violation of section 146 of the Motor Vehicle Act. Generally, drivers must not exceed 50km/h in a municipality or on treaty lands, 80km/h on other highways, and must not operate a motor vehicle at a rate of speed higher than that posted on a sign. S 148.2 of the Motor Vehicle Act lists a defence to speeding: if the sign stating the speed limit was obscured or impossible to read, the accused cannot be convicted. This is an affirmative defence and the burden is on the accused to prove that the sign was obscured or impossible to read.

2. Careless Driving

Under s 144(1) of the Motor Vehicle Act, it is an offence to drive:

a) without due care and attention;

b) without reasonable consideration for other persons using the highway; or

c) at a speed that is excessive given the road, traffic, visibility, or weather conditions.

A person who commits an offence under (a) or (b) is liable on conviction to a fine of not less than $100 (s 144(2)) and six points added to their driving record. Subject to the minimum fine, s 4 of the Offence Act states that a fine must be less than $2,000. A person who commits an offence under (c) is liable on conviction to a fine of $173 and three penalty points as per the VTAFR and Motor Vehicle Act Regulations.

To convict a driver of any of these offences, the Crown must only prove inadvertent negligence: a lack of proper care or absence of thought. The standard of care is determined in relation to the circumstances and carelessness must be proved beyond a reasonable doubt: R v Beauchamp, [1952] OJ No 495, (1953)106 CCC 6 (Ont CA).

3. Road Racing

Part 9 of the Motor Vehicle Act includes street racing provisions. This offence has recently become a major public issue and authorities treat it very seriously. Street racing will also be considered an aggravating factor for other offences including those in the Criminal Code.

Per Motor Vehicle Act s 250, “Race” includes circumstances in which, taking into account the condition of the road, traffic, visibility, and weather, the operator of a motor vehicle is operating the motor vehicle without reasonable consideration for other persons using the highway or in a manner that may cause harm to an individual, by doing any of the following:

a) outdistancing or attempting to outdistance one or more other motor vehicles;

b) preventing or attempting to prevent one or more other motor vehicles from passing; or

c) driving at excessive speed in order to arrive at or attempt to arrive at a given destination ahead of one or more other motor vehicles.

According to Motor Vehicle Act s 251(1)(e), a peace officer may cause a motor vehicle to be taken to and impounded at a place directed by the peace officer if the peace officer has reasonable grounds to believe that a person has driven or operated a motor vehicle on a highway in a race or in a stunt and the peace officer intends to charge the person with a motor vehicle related Criminal Code offence or an offence under section 144 (1), 146 or 148 of this Act.

Per ss 253(2) and 3(a), the impoundment period for s 251(1)(e) is seven days, unless the owner of a motor vehicle has also had a motor vehicle impounded within the last two years before the present impoundment, in which case the vehicle will be impounded for thirty days.

4. Use of Electronic devices

Part 3.1 of the Motor Vehicle Act outlines offences related to the use of electronic devices while driving. Section 214.2 defines an “electronic device” as (a) a hand-held cellular phone, (b) a hand-held device capable of receiving email or text messages, or (c) any prescribed class or type of electronic device. Prescribed electronic devices are further defined in s 3 of the Use of Electronic Devices While Driving Regulation, BC Reg 308/2009 [EDWDR] as any of the following:

Electronic devices that include a hands-free telephone function;

Global positioning systems;

Hand-held electronic devices, one of the purposes of which is to process or compute data;

Hand-held audio players;

Hand microphones; or

Televisions.

Exceptions for hands-free use of electronic devices are permitted under s 7 of EDWDR. Further exceptions for persons carrying out special powers, duties, or functions are allowed under s 5.

Fines for the use of an electronic device while driving have increased significantly as of June 1st, 2016, and now stand at $368 per offence. As well, 4 penalty points are issued for a violation of this section.

“Use” of an electronic device is defined broadly. Per Motor Vehicle Act s 214.1 use means:

(a) holding the device in a position in which it may be used;

(b) operating one or more of the device's functions;

(c) communicating orally by means of the device with another person or another device;

(d) taking another action that is set out in the regulations by means of, with or in relation to an electronic device.

Additionally, EDWDR s 2 adds watching the screen of an electronic device as use of an electronic device.

In R v Baindridge 2018, BCPC 101 the accused was found guilty of the offence for simply holding the device in his hand while driving. The court held that any number of functions of the accused’s phone could have been used in the position in which he held his phone. In R v Jahani, 2017 BCSC 745, the accused was found guilty of the offence for plugging his phone into the cord to charge the phone.

In R v Tannhauser, 2018 BCPC 183, the accused was acquitted of the offence because his cell was programmed with a software that immobilized the phone when a vehicle that is in motion. **This case was appealed and BCCA ordered a new trial. The judge in the BCCA trial said that even though the cell phone could not immediately be used due to the software, it was still an electronic device held in a position in which it may be used, which is illegal R. v. Tannhauser, 2020 BCCA 155.

In R v. Partridge, 2019 BCSC, The accused was observed by a police officer looking downwards whilst driving and when stopped, a cell phone was found wedged between the folds of the passenger seat such that the screen was facing the driver. Accused was convicted. However, the accused was acquitted on appeal because the mere presence of a cell phone within sight of a driver is not enough to secure a conviction, leaving aside a situation where, for example, the screen is illuminated and so the driver may then be utilizing the cell phone in some fashion.

B. Penalty Points

Penalty points are imposed in accordance with the schedule set out in Division 28 of the Motor Vehicle Act Regulations. It is important to note that conviction for Criminal Code offences also results in the imposition of penalty points. See Appendix A for examples of offences and their corresponding penalty points.

The number of penalty points will be taken into account under Motor Vehicle Act s 93 when the Superintendent suspends a license. The Superintendent may suspend the license of a class 5 driver who accumulates 15 or more points in any two year period. For a class 7 driver, or novice driver, the Superintendent may suspend the licence for receiving single a 3 point Violation Ticket. More information can be obtained from the Driver Improvement Program Policies and Guidelines.

As of December 2017, a class 5 driver who incurs two high-risk offences (Use of Electronic Device; Excessive Speed; and/or Drive Without Due Care or Attention) in a one year period risks losing their driver’s licence up to 5 months.

1. ICBC Effects of Penalty Points

Drivers who have received 4 or more driver penalty points will be required to pay a premium to ICBC, even if they do not own or insure a motor vehicle. In essence, these premiums are a surcharge on Violation Tickets that put a driver beyond 3 penalty points. For more information, see http://www.icbc.com/driver-licensing/tickets/Pages/Driver-Penalty-Points.aspx.

C. Vicarious Liability for Provincial Motor Vehicle Offences

Pursuant to Motor Vehicle Act ss 83 and 88, the owner of a motor vehicle is liable for any violation of the Motor Vehicle Act or Motor Vehicle Act Regulations unless they prove that:

a) they did not entrust the motor vehicle to the person in possession or exercised reasonable care and diligence when doing so (Motor Vehicle Act s 83(3));

b) although the registered owner, they are not the actual owner (Motor Vehicle Act s 83(5)(b)); or

c) the person committing the offence was not the registered owner’s employee, servant, agent or worker (Motor Vehicle Act s 88(3)).

Under Motor Vehicle Act s 83(4), if an owner is liable for an offence committed by the driver, a fine of not more than $2,000 may be imposed in place of the fine or term of imprisonment specified in the enactment.

Under s 83(7), no owner is liable if the driver was convicted under the Motor Vehicle Act for:

a) driving without a license or without the appropriate class of license (s 24(1));

b) driving while prohibited by order of peace officer or Superintendent (s 95);

c) driving while prohibited by operation of law (s 102);

d) impaired driving (s 224); or

e) refusing to give a blood sample (s 226(1)).

Generally, where the driver of a motor vehicle has been convicted of an offence, financial liability rests on them and further relief cannot be sought against the owner of the vehicle.

D. Limitation Period

An information or Violation Ticket in relation to a Motor Vehicle Act offence must be laid or issued within 12 months from the date the alleged offence took place (Motor Vehicle Act s 78).

E. Fines

The Violation Ticket Administration and Fines Regulation prescribes fines for Motor Vehicle Act offences. Appendix A of this chapter provides examples of fines.

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-{{JP Boyd on Family Law TOC|expanded = specific}}{{JPBOFL Editor Badge
+{{REVIEWED LSLAP | date= August 21, 2020}}
-|ChapterEditors = [[Taruna Agrawal]]
+{{LSLAP Manual TOC|expanded = motor}}
-}}
-Family law problems involving immigration law usually happen because a relationship breaks down after a spouse or common-law partner has been sponsored to come to Canada. Below is an overview of some overlapping legal issues that may result. If you are a newcomer to Canada with a family law concern, you should seek a lawyer (or an advocate or duty counsel) who is familiar with both family law and the rights and obligations around immigration and sponsorship. Several organizations specialize in supporting newcomers in this way. [https://www.clicklaw.bc.ca/helpmap/service/1013 MOSAIC] provides information, summary advice, referrals and legal representation to low-income immigrants and refugees. The Legal Services Society also publishes a useful booklet called ''https://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown]''.
-Below we look at some differences in concepts and language between ''family law'' and ''immigration law''.
+== A. Common Offences ==
-===Use of the term "common-law" or "spouse"===
+=== 1. Speeding ===
-Generally speaking, the term "common-law spouse" or "common-law partner" is not useful when discussing rights and obligations under provincial legislation. The ''Family Law Act'' in BC does not use the term "common-law." The act defines ''spouse'' under section 3(1), and the definition broadly captures both married people and unmarried people who live in a "marriage-like" relationship—if that relationship has continued for at least ''two years''.
+The most common provincial offence committed in BC is speeding in violation of section 146 of the ''Motor Vehicle Act''. Generally, drivers must not exceed 50km/h in a municipality or on treaty lands, 80km/h on other highways, and must not operate a motor vehicle at a rate of speed higher than that posted on a sign. S 148.2 of the Motor Vehicle Act lists a defence to speeding: if the sign stating the speed limit was obscured or impossible to read, the accused cannot be convicted. This is an affirmative defence and the burden is on the accused to prove that the sign was obscured or impossible to read.
-For federal laws, the term and even the criteria are quite different. The [http://canlii.ca/t/7xsp Immigration and Refugee Protection Regulations] defines "common-law partner":
+=== 2. Careless Driving ===
-<blockquote><tt>common-law partner means, in relation to a person, an individual who is cohabiting with the person in a conjugal relationship, having so cohabited for a period of at least one year.</tt></blockquote>
-Notice the time difference? It's important to remember that qualifying as a common-law spouse under Canadian immigration law does not necessarily mean you qualify as an unmarried spouse for the purposes of ''Family Law Act''. If you have lived together for over one year but less than two, are not married, and your relationship ends, you may be a ''common-law spouse'' under federal law, but not a spouse of any kind under the provincial act.
+Under s 144(1) of the ''Motor Vehicle Act'', it is an offence to drive:
-===Best interests of the child===
+* a) without due care and attention;
-Section 37(1) of the ''[[Family Law Act]]'' states that best interests of the child is the only consideration when making decisions about guardianship, parenting arrangements, and contact with the child.
+* b) without reasonable consideration for other persons using the highway; or
-Section 3(1)(d) of the ''[[http://canlii.ca/t/7vwq Immigration and Refugee Protection Act]]'' states that one of the objectives of the act is "to see that families are reunited in Canada." A very important case for immigration law, ''[http://canlii.ca/t/1fqlk Baker v. Canada (Minister of Citizenship and Immigration)]'', [1999] 2 SCR 817 says that "the decision-maker should consider children's best interests as an important factor, give them substantial weight, and be alert, alive and sensitive to them."
+* c) at a speed that is excessive given the road, traffic, visibility, or weather conditions.
-===Sponsor's obligations===
+A person who commits an offence under (a) or (b) is liable on conviction to a fine of not less than $100 (s 144(2)) and six points added to their driving record. Subject to the minimum fine, s 4 of the ''Offence Act'' states that a fine must be less than $2,000. A person who commits an offence under (c) is liable on conviction to a fine of $173 and three penalty points as per the VTAFR and ''Motor Vehicle Act Regulations''.
-Immigration rules state that a sponsor must commit to providing for their spouse's (or common-law partner's) needs and the needs of any dependent children. This commitment is actually made to the government, and is called an ''undertaking''. The undertaking continues even if the relationship between a sponsor and their spouse or other dependent breaks down. If a sponsor and their spouse separate, and the sponsor will not or cannot support the spouse voluntarily, the spouse may apply for welfare or other government benefits to support themselves and any dependent children. If the government (whether provincial or federal) supports the spouse by paying benefits (such as welfare), the government will then turn to the sponsor and require them to pay back the cost of those benefits. Each undertaking lasts for a period of time called a ''length of undertaking'', during which time the sponsor is liable to support the spouse and repay the government for any support it provides the spouse. See [http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1355 the CIC website] for a table showing the different lengths of undertaking, depending on who is sponsored.
+To convict a driver of any of these offences, the Crown must only prove inadvertent negligence: a lack of proper care or absence of thought. The standard of care is determined in relation to the circumstances and carelessness must be proved beyond a reasonable doubt: ''R v Beauchamp'', [1952] OJ No 495, (1953)106 CCC 6 (Ont CA).
-''Family law'' and ''immigration law'' support obligations are different. Where an undertaking is an obligation between a sponsor and the government, a support obligation in family law is between the spouses as individuals. To get a sponsor to pay spousal or child support under family law, the immigrant spouse must claim it the same way any Canadian resident or citizen would — including applying to court if need be.
+=== 3. Road Racing ===
-One family law case from BC Supreme Court, ''[http://canlii.ca/t/1q1m5 Aujla v. Aujla]'', 2004 BCSC 1566, shows that a sponsor's obligations under a sponsorship agreement and undertaking, are separate from the sponsor's obligation to pay spousal support based on family law legislation. If you were sponsored, have dependents, and your relationship with the sponsor has now ended, talk to a lawyer to discuss your entitlement to spousal or child support, or consult some of the resources mentioned here.
+Part 9 of the ''Motor Vehicle Act'' includes street racing provisions. This offence has recently become a major public issue and authorities treat it very seriously. Street racing will also be considered an aggravating factor for other offences including those in the ''Criminal Code''.
-A sponsor's obligations could extend to stepchildren. For stepparents, both family law and immigration law outline obligations to provide for sponsored dependents in some way.
+Per ''Motor Vehicle Act'' s 250, “Race” includes circumstances in which, taking into account the condition of the road, traffic, visibility, and weather, the operator of a motor vehicle is operating the motor vehicle without reasonable consideration for other persons using the highway or in a manner that may cause harm to an individual, by doing any of the following:
-As discussed in the chapter on [[Child Support]], under the heading "Stepparents and child support", section 147(4) of the''[[Family Law Act]]'' imposes a duty on stepparents in some cases to pay child support.
+* a) outdistancing or attempting to outdistance one or more other motor vehicles;
-If your spouse sponsored you and your children to come to Canada, and if they helped support that child for at least one year, then you may be able to get a child support order under the ''Family Law Act''. Be aware of the one-year limitation period for making a claim, noted in section 147(4)(b).
+* b) preventing or attempting to prevent one or more other motor vehicles from passing; or
-===Sponsorship application===
+* c) driving at excessive speed in order to arrive at or attempt to arrive at a given destination ahead of one or more other motor vehicles.
-If you leave your sponsoring spouse while the sponsorship application is still in progress, you must inform Immigration, Refugees and Citizenship Canada of this change in your application. Failure to do so constitutes misrepresentation, which is a ground for refusal of your Permanent Residence application. At this point, you may not be able to proceed with your sponsorship application for Permanent Residence, but there may be other options available to you that allow you to stay in Canada. This could include a Permanent Resident application on humanitarian and compassionate grounds. This is especially the case if you leave your partner due to abuse in the relationship. Contact the [https://lss.bc.ca/legal_aid/immigrationProblems Legal Services Society], or other community resources like [https://www.clicklaw.bc.ca/helpmap/service/1013 MOSAIC], to see if you qualify for a free lawyer.
+According to ''Motor Vehicle Act'' s 251(1)(e), a peace officer may cause a motor vehicle to be
+taken to and impounded at a place directed by the peace officer if the peace officer has reasonable grounds to believe that a person has driven or operated a motor vehicle on a highway in a race or in a stunt and the peace officer intends to charge the person with a motor vehicle related ''Criminal Code'' offence or an offence under section 144 (1), 146 or 148 of this Act.
-You should also inform IRCC of your change of address, so that they may continue to correspond with you after you leave your spouse’s residence.
+Per ss 253(2) and 3(a), the impoundment period for s 251(1)(e) is seven days, unless the
+owner of a motor vehicle has also had a motor vehicle impounded within the last two years
+before the present impoundment, in which case the vehicle will be impounded for thirty
+days.
-===Permanent resident spouses===
+=== 4. Use of Electronic devices ===
-In October 2012, the government of Canada introduced a rule that most sponsored spouses were under ''conditional permanent residency status'' for the first two years. This condition was removed on April 28, 2017, when the government introduced [http://www.cic.gc.ca/english/department/media/notices/2017-04-28.asp a rule] that sponsored spouses or common-law partners of Canadian citizens and permanent residents no longer need to live with their sponsor in order to keep their permanent resident status.
+Part 3.1 of the ''Motor Vehicle Act'' outlines offences related to the use of electronic devices while driving. Section 214.2 defines an “electronic device” as (a) a hand-held cellular phone, (b) a hand-held device capable of receiving email or text messages, or (c) any prescribed class or type of electronic device. Prescribed electronic devices are further defined in s 3 of the ''Use of Electronic Devices While Driving Regulation'', BC Reg 308/2009 [EDWDR] as any of the following:
-If your sponsor is abusive, you no longer need to worry about the threat of deportation or potential loss of status. Your residency status is no longer contingent on the length of the relationship. That being said, the government of Canada will still continue to investigate complaints about marriage fraud (where someone marries a Canadian citizen or permanent resident for the sole purpose of gaining entry into Canada). This means that if you leave your spouse, there is a possibility that he or she may file a complaint of marriage fraud with IRCC. IRCC will then send you a letter with a 30 day deadline to respond to their concerns and tell your side of the story. If that happens, you should seek legal advice. You could also write to the IRCC officer and ask for an extension on the response date. This will buy you some time to find a lawyer. If you do not receive a positive response from the immigration officer, then you must respond by the date listed on the letter to avoid a removal order.
+* Electronic devices that include a hands-free telephone function;
-No matter what, your spouse may still remain responsible for supporting you and your children. If you are married or qualify as an unmarried spouse under the ''[[Family Law Act]]'' you may also be entitled to claim a share in the family property. See the chapter on [[Property & Debt in Family Law Matters|Property & Debt]].
+* Global positioning systems;
-So long as your sponsorship is still within the term of undertaking (discussed above), your sponsor's obligation to support you continues. You will not lose your permanent resident status if you have to apply for welfare. If you do apply for welfare, keep in mind that you will be expected to show that you tried to obtain support from your spouse. If your relationship ended because of abuse, you may not have to try to get support from your spouse. The booklet on ''Sponsorship Breakdown'' contains good information on this topic.
+* Hand-held electronic devices, one of the purposes of which is to process or compute data;
-===Non-resident spouses===
+* Hand-held audio players;
-If you do not have permanent resident status, you must seek legal advice and help right away, since the breakdown of your relationship with your sponsor may affect your ability to remain in Canada (if that is in fact what you would like to do). There are a number of agencies that help immigrants and refugees. See the booklet ''[http://www.clicklaw.bc.ca/resource/1073 Sponsorship Breakdown]'' for a list of community workers and settlement agencies.
+* Hand microphones; or
-===Links===
+* Televisions.
-*[http://www.clicklaw.bc.ca/resource/1073 Legal Services Society booklet: ''Sponsorship Breakdown'']
-*[http://www.cic.gc.ca/english/helpcentre/answer.asp?qnum=1355&top=14 How long am I financially responsible for the family member or relative I sponsor?]
-*[https://www.clicklaw.bc.ca/helpmap/service/1013 MOSAIC's Legal Advocacy Program]
-*[https://lss.bc.ca/legal_aid/immigrationProblems Legal Services Society's website for Legal Aid]
-{{REVIEWED | reviewer = [[Taruna Agrawal]], May 24, 2019}}
+Exceptions for hands-free use of electronic devices are permitted under s 7 of ''EDWDR''. Further exceptions for persons carrying out special powers, duties, or functions are allowed under s 5.
-{{JP Boyd on Family Law Navbox|type=chapters}}
+Fines for the use of an electronic device while driving have increased significantly as of June 1st, 2016, and now stand at $368 per offence. As well, 4 penalty points are issued for a violation of this section.
- {{Creative Commons for JP Boyd}}
-[[Category:JP Boyd on Family Law]]
+“Use” of an electronic device is defined broadly. Per ''Motor Vehicle Act'' s 214.1 use means:
+* ''(a) holding the device in a position in which it may be used;
+* (b) operating one or more of the device's functions;
+* (c) communicating orally by means of the device with another person or another device;
+* (d) taking another action that is set out in the regulations by means of, with or in relation to an electronic device.''
+Additionally, ''EDWDR'' s 2 adds watching the screen of an
+electronic device as use of an electronic device.
+In [https://www.canlii.org/en/bc/bcpc/doc/2018/2018bcpc101/2018bcpc101.html?autocompleteStr=r%20v%20bainbridge&autocompletePos=3 ''R v Baindridge'' 2018, BCPC 101] the accused was found guilty of the offence for simply holding the device in his hand while driving. The court held that any number of functions of the accused’s phone '''could''' have been used in the position in which he held his phone.  In [https://www.canlii.org/en/bc/bcsc/doc/2017/2017bcsc745/2017bcsc745.html?autocompleteStr=r%20v%20jahani&autocompletePos=1 ''R v Jahani'', 2017 BCSC 745], the accused was found guilty of the offence for plugging his phone into the cord to charge the phone.
+In [https://www.canlii.org/en/bc/bcpc/doc/2018/2018bcpc183/2018bcpc183.html?autocompleteStr=r%20v%20tannhaus&autocompletePos=1 ''R v Tannhauser'', 2018 BCPC 183], the accused was acquitted of the offence because his cell was programmed with a software that immobilized the phone when a vehicle that is in motion. **This case was appealed and BCCA ordered a new trial. The judge in the BCCA trial said that even though the cell phone could not immediately be used due to the software, it was still an electronic device held in a position in which it may be used, which is illegal [http://canlii.ca/t/j7zgh ''R. v. Tannhauser'', 2020 BCCA 155].
+In [https://www.canlii.org/en/bc/bcsc/doc/2019/2019bcsc360/2019bcsc360.html?autocompleteStr=r%20v%20partridge%202019%20BCS&autocompletePos=1 ''R v. Partridge'', 2019 BCSC],  The accused was observed by a police officer looking downwards whilst driving and when stopped, a cell phone was found wedged between the folds of the passenger seat such that the screen was facing the driver. Accused was convicted. However, the accused was acquitted on appeal because the mere presence of a cell phone within sight of a driver is not enough to secure a conviction, leaving aside a situation where, for example, the screen is illuminated and so the driver may then be utilizing the cell phone in some fashion.
+== B. Penalty Points ==
+Penalty points are imposed in accordance with the schedule set out in Division 28 of the ''Motor Vehicle Act Regulations''. It is important to note that conviction for ''Criminal Code'' offences also results in the imposition of penalty points. See [[Examples_of_Penalty_Points_and_Fines_for_Motor_Vehicle_Offences_(13:App_A) | Appendix A]] for examples of offences and their corresponding penalty points.
+The number of penalty points will be taken into account under ''Motor Vehicle Act'' s 93 when the Superintendent suspends a license. '''The Superintendent may suspend the license of a class 5 driver who accumulates 15 or more points in any two year period.''' For a class 7 driver, or novice driver, the Superintendent may suspend the licence for receiving single a 3 point Violation Ticket. [https://www2.gov.bc.ca/assets/gov/driving-and-transportation/driving/publications/driver-improvement-policies-guidelines.pdf More information can be obtained from the Driver Improvement Program Policies and Guidelines].
+As of December 2017, a class 5 driver who incurs two high-risk offences (Use of Electronic Device; Excessive Speed; and/or Drive Without Due Care or Attention) in a one year period risks losing their driver’s licence up to 5 months.
+=== 1. ICBC Effects of Penalty Points ===
+Drivers who have received 4 or more driver penalty points will be required to pay a premium to ICBC, even if they do not own or insure a motor vehicle. In essence, these premiums are a surcharge on Violation Tickets that put a driver beyond 3 penalty points. For more information, see http://www.icbc.com/driver-licensing/tickets/Pages/Driver-Penalty-Points.aspx.
+== C. Vicarious Liability for Provincial Motor Vehicle Offences ==
+Pursuant to ''Motor Vehicle Act'' ss 83 and 88, the owner of a motor vehicle is liable for any violation of the ''Motor Vehicle Act'' or ''Motor Vehicle Act Regulations'' unless they prove that:
+* a) they did not entrust the motor vehicle to the person in possession or exercised reasonable care and diligence when doing so (''Motor Vehicle Act'' s 83(3));
+* b) although the registered owner, they are not the actual owner (''Motor Vehicle Act'' s 83(5)(b)); or
+* c) the person committing the offence was not the registered owner’s employee, servant, agent or worker (''Motor Vehicle Act'' s 88(3)).
+Under ''Motor Vehicle Act'' s 83(4), if an owner is liable for an offence committed by the driver, a fine of not more than $2,000 may be imposed in place of the fine or term of imprisonment specified in the enactment.
+Under s 83(7), no owner is liable if the driver was convicted under the ''Motor Vehicle Act'' for:
+* a) driving without a license or without the appropriate class of license (s 24(1));
+* b) driving while prohibited by order of peace officer or Superintendent (s 95);
+* c) driving while prohibited by operation of law (s 102);
+* d) impaired driving (s 224); or
+* e) refusing to give a blood sample (s 226(1)).
+Generally, where the driver of a motor vehicle has been convicted of an offence, financial liability rests on them and further relief cannot be sought against the owner of the vehicle.
+== D. Limitation Period ==
+An information or Violation Ticket in relation to a ''Motor Vehicle Act'' offence must be laid or issued within '''12 months''' from the date the alleged offence took place (''Motor Vehicle Act'' s 78).
+== E. Fines ==
+The Violation Ticket Administration and Fines Regulation prescribes fines for ''Motor Vehicle Act'' offences. [[Examples_of_Penalty_Points_and_Fines_for_Motor_Vehicle_Offences_(13:App_A) | Appendix A]] of this chapter provides examples of fines.
+{{LSLAP Manual Navbox|type=chapters8-14}}