Difference between revisions of "The Points System and ICBC"

From Clicklaw Wikibooks
Jump to navigation Jump to search
Line 1: Line 1:
{{REVIEWEDPLS | reviewer = [https://www.icbc.com Krista Prockiw], ICBC|date= February 2024}} {{Dial-A-Law TOC|expanded = cars}}  
{{REVIEWEDPLS | reviewer = [https://www.icbc.com Krista Prockiw], ICBC|date= February 2024}} {{Dial-A-Law TOC|expanded = cars}}  
People using BC’s roads want to be confident they’re safe. ICBC’s '''penalty points''' system is designed to help with that, by discouraging high-risk driving. But the points system can be confusing. Learn how penalty points work, and how they affect your insurance premiums.
When you get a ticket for a driving offence in British Columbia, you’ll typically get '''penalty points''' on your driver’s record. The more points you get, the more you may have to pay in insurance premiums. Learn how penalty points work.


==What you should know==
==Common questions==
===Most driving violations lead to driver penalty points===
===What are driver penalty points?===
{{PLSStorybox
'''Driver penalty points''' are like black marks on your driver’s record. You get them when you commit certain driving offences. The number of points varies depending on the type of offence. For example, speeding tickets earn you three points, while distracted driving earns you four. ICBC lists the [https://www.icbc.com/driver-licensing/tickets/Pages/fines-points-offences.aspx number of penalty points for each type of driving offence].
| image = [[File:The_points_system_and_ICBC_-_Carl.png|link=]]
| text      = “''On my commute home from work I sometimes get a little lead-footed. I’ve been ticketed for speeding twice in the past two months. Now I’ve got six penalty points on my record, and a hefty penalty premium coming my way (not to mention the steep fines!). I get the message: I’ve got to slow down.''” <br/>– Carl, Burnaby, BC}}


In BC, the main law that deals with traffic and driving is called the ''[https://canlii.ca/t/847n Motor Vehicle Act]''. If you get a ticket for violating this law — for example, for speeding or [https://www.peopleslawschool.ca/distracted-driving/ distracted driving] — you typically get '''driver penalty points''' on your driver’s record.  
If you get more than three points in a one-year period, you have to pay a '''driver penalty point premium'''. This is an extra amount that’s separate from any fine for the offence. It’s also over and above your regular Autoplan insurance premiums.


These penalty points are in addition to any fine you have to pay for the violation.
===How does ICBC calculate driver penalty point premiums?===
Every year, ICBC looks at the number of penalty points you collected in a 12-month period. (They call this your “assessment period.”) If four or more points have been added to your driver’s record since your last assessment, you’ll be billed a penalty point premium.


====How many points you get====
The more points you have, the higher the premium. For example, say ICBC looks at your record and sees you only have three penalty points for a speeding offence in the assessment period. This is below the four-point threshold, so you wouldn’t pay a premium. But say you got ''two'' speeding tickets in your assessment period. In this case, you’d have six penalty points, resulting in a penalty point premium of $367. [https://www.icbc.com/driver-licensing/tickets/Driver-Penalty-Points See ICBC’s website for details].
The number of points you get depends on the driving violation. For example, all speeding violations are three points. Distracted driving earns you four points. Driving while prohibited gets you 10 points.  


Here are more examples of driving violations and the penalty points attached to them.
===How long do penalty points stay on my driving record?===
Tickets and driver penalty points stay on your driver’s record for '''five years'''. But you only pay the penalty point premium once. You’ll get a bill just before your assessment date, which is usually your birthday.


For the full list, [https://www.icbc.com/driver-licensing/tickets/Pages/fines-points-offences.aspx see ICBC’s website].
===What if I can’t (or don’t) pay the premium?===
If you don’t pay the bill for a driver penalty point premium within 30 days, ICBC will charge you interest. ICBC can also refuse to renew your vehicle insurance until you pay. Also, you won’t be able to renew your driver’s licence if you don’t pay a driver premium bill.


====Penalty points for criminal offences====
If you give up your driver’s licence to an ICBC driver licensing office for the whole one-year billing period, you won’t have to pay the bill.
Canada’s ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec320.11 Criminal Code]'' also includes some driving offences. For example, dangerous driving or impaired driving. The penalty points for these offences range from six to 10. Again, these are in addition to any fine you have to pay.  


====Parking tickets====
Or you can reduce a driver premium bill by giving up your licence for 30 days or more during the billing period. When you want your licence back, go to a driver licensing office and pay the reduced bill, plus any extra licence fees. But this works only if you do not have to take a driver re-examination and don’t have any outstanding driving prohibitions.
You don’t get any penalty points for parking tickets or other minor violations of city bylaws.


===Driver penalty points can increase your insurance premiums===
===What if I’m not allowed to drive? Do I have to pay the driver penalty point premium?===
Each year, ICBC looks at your driving record for the last twelve-month period (they call this the “assessment period”). They add up the total number of penalty points you received in the assessment period. If you collected four or more points on your record, you’ll have to pay a '''driver penalty point premium'''.  
ICBC will reduce a driver penalty point premium bill if you’ve been prohibited or legally banned from driving for 60 days or more in the billing period. It usually does this automatically, but you may have to ask it to do so and to prove your situation.  


Driver penalty point premiums are separate from your basic insurance premiums. (Everyone in BC who owns a vehicle must have [https://www.icbc.com/insurance/Pages/Default.aspx basic vehicle insurance] from ICBC.) Driver penalty points attach to your driver’s record, so you can be billed for these points even if you don’t own or insure a vehicle.
Also, you can apply to ICBC for a refund or reduction if, for at least 30 days in a row during the billing period, any of the following apply:


====How much you may have to pay====
* you lived in another province and legally held a driver’s licence there
The dollar amount of the penalty point premium depends on the number of points you received in the assessment period. If you have three or fewer, you don’t need to pay any penalty point premium.
* you were not in Canada or the US
* you were in jail
* you had medical reasons for not driving


ICBC has a [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Penalty-Points.aspx full list of the penalty point premiums].
Again, you may have to prove your case to ICBC.


====How long points stay on your driving record====
===How many penalty points lead to a driving prohibition?===
The driver penalty points you accumulate '''stay on your driving record for five years'''. But you only pay the premium once. You’ll receive an invoice just prior to your assessment date, which is usually your birthday.
As a rule of thumb, those with a class five licence (the basic licence) get a driving prohibition if they get nine to 11 points. For those with a class seven licence (the new or learner’s licence), it’s four points. However, that’s not the whole picture. ICBC has the final say about whether to issue a prohibition.


{{PLSTipsbox
In coming to a decision, ICBC will look at the circumstances behind why you got the points. For example, imagine a class five driver with six points on their record. The points came from three tickets for the same two-point offence — failing to yield to pedestrians. ICBC may decide to issue a driving prohibition even though they’re below the nine-point threshold. Because a dangerous pattern of conduct is on display here, in their view.
| text = '''Optional insurance premiums'''<br>
A poor driving record can impact the premiums you pay for optional auto insurance, too. Drivers with frequent or serious driving convictions over a three-year period pay more for optional ICBC insurance coverage. See [https://www.icbc.com/about-icbc/newsroom/Documents/Optional-driving-convictions-factsheet.pdf this factsheet] for details.
}}
 
===Calculating penalty point premiums: Two examples===
Now, you may be thinking “Okay, I get it. Penalty points are bad. But how much will I actually end up paying if I get some points?” Let’s walk through a couple examples to illustrate this.
 
====If you get one speeding ticket====
Let’s say you get a ticket for speeding on the highway. When ICBC does their yearly review of your last 12 months of driving (your assessment period), this is the only offence that shows up. Consulting [https://www.icbc.com/driver-licensing/tickets/Pages/Driver-Penalty-Points.aspx ICBC’s chart], speeding on the highway earns you three penalty points. (As well, it comes with a fine.)
 
As mentioned above, you don’t pay a penalty point premium if you have three or fewer points.
 
====If you get two speeding tickets====
Let’s look at a slightly different scenario. Say you get a ticket for speeding on June 1. You get a second speeding ticket two months later, on September 1. In November, ICBC does their yearly review of your driver’s record. They look back at your previous 12 months of driving, and see six penalty points (three for each speeding offence).
 
The penalty point premium for six points is $367. This is in addition to the fines you were assessed for the tickets.
 
{{PLSTipsbox
| text = '''Order a copy of your driving record'''<br>
Your driving record (also called a “driver’s abstract”) is a record of your driving history. It shows any driving offences or other traffic tickets you’ve received in the past five years. [https://onlinebusiness.icbc.com/clio/ You can order yours from ICBC for free].
}}
 
===There is a risk premium for more serious driving offences===
 
In addition to penalty point premiums explained above, some motorists may have to pay '''driver risk premiums'''. These are extra penalties that apply to more serious driving offences. They are also in addition to your regular insurance premiums.
 
You’ll have to pay a driver risk premium if you have at least one of the following:
*
* one or more driving-related ''[https://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-46/latest/rsc-1985-c-c-46.html#sec320.11 Criminal Code]'' convictions
* one or more 10-point ''[https://canlii.ca/t/847n Motor Vehicle Act]'' convictions
* one or more excessive speeding convictions
* two or more roadside suspensions or prohibitions
* two or more convictions for using an electronic device while driving
 
'''How much you may have to pay'''
Each year, ICBC reviews your driving record for offences in the previous three years. The amount of the driver risk premium depends on the number and type of convictions you get. For example, the driver risk premium for one Criminal Code conviction (like impaired driving) is $1,108. For two roadside suspensions, it’s $453.
 
You’ll receive one driver risk premium invoice per year just prior to your assessment date, which is usually your birthday. Since the assessment period is three years, a single conviction may result in a driver risk premium bill in each of the three years.
 
If you have a driving conviction to which the penalty point premium and the risk premium both apply (excessive speeding, for example), you’ll only be billed for the higher premium.  


===Explore further===
{{PLSTipsbox
{{PLSTipsbox
| text = '''Reducing your driver risk premium'''<br>
| text = '''Deeper coverage of ICBC’s penalty points system'''<br>
There are steps you can take to lower or eliminate your driver risk premium. One is to give up your driver’s licence for your entire billing period. This eliminates your risk premium. If you hand in your licence for at least 30 days during your billing period, your premium may be reduced. [https://www.icbc.com/about-icbc/contact-us/Pages/Default.aspx?step=1 Contact ICBC to discuss your options].
For more, see our in-depth information on [https://www.peopleslawschool.ca/points-system-and-icbc/ the points system and ICBC].
}}
}}
===Too many points may lead to a driving prohibition===
Racking up points can have consequences beyond penalty points and increased insurance premiums. Those who get too many points may be temporarily prohibited from driving.
A common assumption is that, for those with a '''class five licence''' (the basic licence), nine to 11 penalty points leads to a prohibition. And for those with a '''class seven licence''' (for new drivers), it’s four points. This is a good rule of thumb, but it’s not the full picture. [https://www.canlii.org/en/bc/laws/stat/rsbc-1996-c-318/latest/rsbc-1996-c-318.html#sec93 Under the law], ICBC has a wide discretion to impose a driving prohibition. It’s the circumstances behind why you got the points that ICBC looks at.
====Consider a couple examples====
For example, say you’re a class five driver and you have seven penalty points. Those points came from two offences: excessive speeding and distracted driving. ICBC considers these high-risk offences, so they may issue you a driving prohibition even though you’re below the nine-point threshold. In other words, high-risk offences are more likely to get you in trouble.
ICBC also looks for patterns of conduct. A driver who keeps getting ticketed for the same offence is more likely to get a driving prohibition. The focus here is on a continuing disregard for the rules of the road, rather than the total number of points.
{{PLSTipsbox
| text = '''You can apply for a prohibition review'''<br>
If you receive a driving prohibition, you may be able to apply for a review. This is a legal process you can use to challenge your prohibition. An adjudicator will review any evidence or statements you provide, and decide whether to revoke your prohibition. See the [https://www2.gov.bc.ca/gov/content/transportation/driving-and-cycling/roadsafetybc/prohibitions/apply-online provincial government’s website for details].
}}
===You can dispute a driving violation===
Penalty points are added to your driver’s record if you plead guilty to a driving offence. (Or if a court convicts you of an offence.) If you pay a traffic ticket, you’re admitting you are guilty.
If you don’t agree with a ticket, you can dispute (fight) it. Most tickets must be disputed '''within 30 days'''. But check the ticket carefully in case there is a shorter time limit.
For step-by-step guidance, see [https://www.peopleslawschool.ca/if-you-get-traffic-ticket/ how to dispute a traffic ticket].


{{Dial-A-Law_Navbox|type=consumer}}
{{Dial-A-Law_Navbox|type=consumer}}
{{Dial-A-Law Copyright}}
{{Dial-A-Law Copyright}}

Revision as of 06:46, 3 March 2024

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by Krista Prockiw, ICBC in February 2024.
Dial-A-Law
Dial-A-Law‎
This page is
from Dial-A-Law‎,
a starting point for
information on the law
in British Columbia.
See the full contents.
About
Introduction
Consumer & Money
Cars & Getting Around
 · Problem with a Used Car

 · Leasing a Car

 · Car Repairs

 · Insurance Benefits for Accident Victims

 · Injured in a Motor Vehicle Accident

 · Making a Vehicle Damage Claim

 · The Points System & ICBC
Work & Business
Families & Children
Life
Courts & Crime
From
Visit more from People's Law School
People's Law School
v • d • e

When you get a ticket for a driving offence in British Columbia, you’ll typically get penalty points on your driver’s record. The more points you get, the more you may have to pay in insurance premiums. Learn how penalty points work.

Common questions

What are driver penalty points?

Driver penalty points are like black marks on your driver’s record. You get them when you commit certain driving offences. The number of points varies depending on the type of offence. For example, speeding tickets earn you three points, while distracted driving earns you four. ICBC lists the number of penalty points for each type of driving offence.

If you get more than three points in a one-year period, you have to pay a driver penalty point premium. This is an extra amount that’s separate from any fine for the offence. It’s also over and above your regular Autoplan insurance premiums.

How does ICBC calculate driver penalty point premiums?

Every year, ICBC looks at the number of penalty points you collected in a 12-month period. (They call this your “assessment period.”) If four or more points have been added to your driver’s record since your last assessment, you’ll be billed a penalty point premium.

The more points you have, the higher the premium. For example, say ICBC looks at your record and sees you only have three penalty points for a speeding offence in the assessment period. This is below the four-point threshold, so you wouldn’t pay a premium. But say you got two speeding tickets in your assessment period. In this case, you’d have six penalty points, resulting in a penalty point premium of $367. See ICBC’s website for details.

How long do penalty points stay on my driving record?

Tickets and driver penalty points stay on your driver’s record for five years. But you only pay the penalty point premium once. You’ll get a bill just before your assessment date, which is usually your birthday.

What if I can’t (or don’t) pay the premium?

If you don’t pay the bill for a driver penalty point premium within 30 days, ICBC will charge you interest. ICBC can also refuse to renew your vehicle insurance until you pay. Also, you won’t be able to renew your driver’s licence if you don’t pay a driver premium bill.

If you give up your driver’s licence to an ICBC driver licensing office for the whole one-year billing period, you won’t have to pay the bill.

Or you can reduce a driver premium bill by giving up your licence for 30 days or more during the billing period. When you want your licence back, go to a driver licensing office and pay the reduced bill, plus any extra licence fees. But this works only if you do not have to take a driver re-examination and don’t have any outstanding driving prohibitions.

What if I’m not allowed to drive? Do I have to pay the driver penalty point premium?

ICBC will reduce a driver penalty point premium bill if you’ve been prohibited or legally banned from driving for 60 days or more in the billing period. It usually does this automatically, but you may have to ask it to do so and to prove your situation.

Also, you can apply to ICBC for a refund or reduction if, for at least 30 days in a row during the billing period, any of the following apply:

  • you lived in another province and legally held a driver’s licence there
  • you were not in Canada or the US
  • you were in jail
  • you had medical reasons for not driving

Again, you may have to prove your case to ICBC.

How many penalty points lead to a driving prohibition?

As a rule of thumb, those with a class five licence (the basic licence) get a driving prohibition if they get nine to 11 points. For those with a class seven licence (the new or learner’s licence), it’s four points. However, that’s not the whole picture. ICBC has the final say about whether to issue a prohibition.

In coming to a decision, ICBC will look at the circumstances behind why you got the points. For example, imagine a class five driver with six points on their record. The points came from three tickets for the same two-point offence — failing to yield to pedestrians. ICBC may decide to issue a driving prohibition even though they’re below the nine-point threshold. Because a dangerous pattern of conduct is on display here, in their view.

Explore further

Tip v3.jpg
Deeper coverage of ICBC’s penalty points system
For more, see our in-depth information on the points system and ICBC.
v • d • e
 
Consumer & Money
Cars & Getting Around
Consumer
Money & Debt
Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International Licence Dial-A-Law © People's Law School is licensed under a Creative Commons Attribution - NonCommercial - ShareAlike 4.0 International Licence.


Retrieved from "https://stagewiki.clicklaw.bc.ca/index.php?title=The_Points_System_and_ICBC&oldid=57859"