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Difference between revisions of "Motor Vehicle Violation Tickets (13:V)"
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Motor Vehicle Violation Tickets (13:V) (view source)
Revision as of 20:52, 6 September 2020
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== A. General Information == | == A. General Information == | ||
What is commonly referred to as a “speeding ticket” | What is commonly referred to as a “speeding ticket” issued in accordance with the provisions of the ''Offence Act'' is known legally as a provincial “Violation Ticket”. 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). When charged for serious motor vehicle offences you will be issued a promise to appear and court attendance is compulsory if an Information is laid. For Violation Tickets, court attendance is only required if a Violation Ticket is disputed. If you fail to appear in court for a Violation Ticket, your non-attendance is deemed not disputed and you will be found guilty of the offence. | 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). When charged for serious motor vehicle offences you will be issued a promise to appear and court attendance is compulsory if an Information is laid. For Violation Tickets, court attendance is only required if a Violation Ticket is disputed. If you fail to appear in court for a Violation Ticket, your non-attendance is deemed not disputed and you will be found guilty of the offence. | ||
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'''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.''' | '''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.''' | ||
The special procedure for adjudicating Violation Tickets is set out in ss 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, a copy of the Violation Ticket, and if a copy of the the Violation Ticket is not available, sufficient information to identify the Violation Ticket and the alleged contravention or fine disputed (''Offence Act'' s 15(3)). | The special procedure for adjudicating Violation Tickets is set out in ss 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, a copy of the Violation Ticket, and if a copy of the the Violation Ticket is not available, 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.''' | '''You must file your Notice of Dispute within 30 days of the day on which the ticket was issued.''' | ||
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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. | 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. | ||
The decision of a Provincial Court judge or justice of the peace may be appealed to the Supreme Court of BC. However there is a strict 30 day appeal limit. Any individual looking to appeal a violation ticket should consult a lawyer. | The decision of a Provincial Court judge or justice of the peace may be appealed to the Supreme Court of BC. However there is a strict 30-day appeal limit. Any individual looking to appeal a violation ticket should consult a lawyer. | ||
=== 4. What happens if the Police Officer Does Not Show Up? === | === 4. What happens if the Police Officer Does Not Show Up? === | ||
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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''. | 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''. | ||
{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 21, 2020}} | ||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||
