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| This archived regulation consolidation is current to December 3, 2004 and includes changes enacted and in force by that date. For the most current information, click here. |
MOTOR VEHICLE ACT REGULATIONS — Continued
B.C. Reg. 26/58
Division 26 — Traffic Violation Regulation
26.01 and 26.011 Repealed. [B.C. Reg. 584/77.]
26.02 and 26.03 Repealed. [B.C. Reg. 204/80, s. (a).]
26.04 The procedure to be followed by a judge in dealing with any matter referred to him under section 1231 shall, mutatis mutandis, be the procedures set forth in the Offence Act for the trial of offenders under that Act.
[en. B.C. Reg. 277/68; am. B.C. Reg. 372/78, s. 1.]
26.05 In any hearing under section 26.04, a certificate of service signed by a peace officer or an acknowledgment of service signed by the alleged violator, where they appear on a traffic violation report, shall be prima facie evidence of such service.
[en. B.C. Reg. 277/68.]
26.06 In any hearing under section 26.04, proof that the violation took place shall be proof beyond a reasonable doubt.
[en. B.C. Reg. 277/68.]
26.07 Where any alleged violator fails to appear on the date fixed for the hearing before a judge in the matter under section 1231, the judge shall treat the violation as not disputed and shall notify the Insurance Corporation of British Columbia.
[en. B.C. Reg. 277/68; am. B.C. Regs. 372/78, s. 1; 317/96, s. 1.]
26.08 Where, in any written notice disputing the violations contained in a traffic violation report, the notice shall contain the number and the date of service appearing on the traffic violation report.
[en. B.C. Reg. 277/68; am. B.C. Reg. 372/78, s. 2.]
26.09 Where a person requires that a dispute be determined by a Provincial Court judge, he shall deposit the sum of $10 (cash, certified cheque or money order) for the costs of the hearing at the time he gives his notice.
[en. B.C. Reg. 372/78, s. 3.]
26.10 Where a person gives notice that he will dispute a violation report, the clerk of the court or judge shall provide the disputant with written notice of the date of the hearing at least 7 days in advance thereof.
[en. B.C. Reg. 119/69; am. B.C. Reg. 372/78, s. 1.]
27.01 In this Division:
"approved driver education course" means a driver education course that is approved by the Insurance Corporation of British Columbia under section 25 (8.1) (a) of the Act;
"driver training institute" means a driver training school that is
(a) a vocational training school operated by the government, or
(b) a college or institute under the College and Institute Act or the Institute of Technology Act, a university, an independent school under the Independent School Act or a secondary school providing driver training to students;
"driver training instructor" means a person who teaches the driving or operation of a motor vehicle, but does not include a person who provides this instruction
(a) without expectation of compensation or other consideration,
(b) for off-highway, racetrack or closed circuit driving, or
(c) as an employee to other employees of the same employer;
"driver training school" means a person or organization that provides to individuals a program of training or education in driving or operating motor vehicles, in expectation of compensation from those individuals, but does not include
(a) a person or organization that provides instruction for off-highway, racetrack or closed circuit driving,
(b) a person who, as an employee, provides this instruction to other employees of the same employer, or
(c) a person who, under contract to an employer, provides this instruction to employees of the employer;
"instructor training facility" means a person or other body approved by the Insurance Corporation of British Columbia to provide a course of training or education to qualify for a driver training instructor's licence;
"operator" means a person who directs, manages or is in charge of a driver training school or a driver training institute;
"practical driver training" means driver training conducted in or around a motor vehicle;
"retraining" means training about the operation of a motor vehicle for a person who holds a driver's licence or for a person who wishes to re-qualify for a driver's licence.
[en. B.C. Reg. 354/94; am. B.C. Regs. 317/96, s. 1; 229/98, s. 1; 257/98, App. 1, s. 1.]
27.02 Section 27.04 (1) and section 27.05 do not apply to a driver training institute.
[en. B.C. Reg. 354/94.]
27.03 (1) A person or institute that contravenes section 27.04 (1), (2), (7) or (8), 27.05 (1), 27.06 (1), (2), (3), (9) or (11), 27.08 (3), (4) or (5), 27.09 (1), (2), (4), (7) or (9) or 27.10 (1) or (2) (a), (b), (d), (e) or (f) commits an offence and is liable to a fine of not more than $2 000.
(2) If a corporation commits an offence under this section, an employee, officer, director or agent of the corporation who authorized, permitted or acquiesced in the offence commits an offence.
(3) The Insurance Corporation of British Columbia may suspend, cancel or refuse to issue or renew a driver training school licence or driver training instructor's licence for any of the following reasons:
(a) the licensee engages in fraudulent, deceptive or unconscionable practices in the operation of a driver training school, in the conduct of driver training or in applying for a licence;
(b) the licensee aids, abets or counsels fraudulent practices by an applicant to obtain a driver's licence of any classification or driver training instructor's licence of any classification or to requalify for a driver's licence or driver training instructor's licence;
(c) the licensee fails to maintain or provide to the corporation the records required under this Division;
(d) the licensee is convicted under the Criminal Code of an offence that is
(i) punishable by imprisonment for 5 years or more,
(ii) an offence that is sexual or indecent,
(iii) an offence of violence, or
(iv) an offence of operating, care or control of a motor vehicle,
or, in a jurisdiction outside of Canada, of an analogous offence;
(e) failure of the applicant or licensee to comply with any requirement of this Division;
(f) the licensee teaches, or permits a student to be taught, the knowledge tests administered by the Insurance Corporation of British Columbia, or possesses these tests, without the consent of the corporation.
(3.1) If a licensee is charged with an offence referred to in subsection (3) (d), the Insurance Corporation of British Columbia may delay the issue or renewal of a driver training school licence or driver training instructor's licence pending the outcome of the proceeding for the offence in order to determine whether it should act under subsection (3) (d) at that later date.
(4) The Insurance Corporation of British Columbia may suspend, cancel or refuse to issue or to renew a driver training school licence on conviction of the owner, or a person directly interested in the driver training school's business, of an offence concerning dishonesty, violence or indecency, or on cancellation of a licence of an employee of the driver training school for dishonesty, violence or indecency authorized or condoned by the owner or operator of the driver training school.
(5) The Insurance Corporation of British Columbia must not cancel a licence under this Division until the holder is first given an opportunity to show cause why cancellation is not warranted.
(6) If a licence is cancelled or suspended under this Division, the licensee must deliver the licence to the Insurance Corporation of British Columbia within 10 days.
[en. B.C. Reg. 354/94; am. B.C. Regs. 317/96, s. 1; 108/97, ss. 1-2; 413/97, App. 1, s. 20.]
27.04 (1) No person or body may act as or be held out as being a driver training school except the holder of a valid and subsisting driver training school licence issued under this Division.
(2) No person may act, or hold himself or herself out as acting, as a driver training instructor unless the person is the holder of a valid and subsisting driver training instructor's licence issued under this Division.
(3) The Insurance Corporation of British Columbia must cause a driver training school licence, or a driver training instructor's licence, to be issued to an applicant on being satisfied that the applicant has met the qualifications set out in this Division and has paid the fee prescribed in the Motor Vehicle Fees Regulation.
(4) A driver training school licence must be issued for a period ending at midnight on the last day of the 11th month following the month of issuance, and any duplicate of it expires at the same time as the original.
(5) A driver training instructor's licence must be issued for a period ending at midnight on the last day of the 23rd month following the month of issuance, and any duplicate of it expires at the same time as the original.
(6) The Insurance Corporation of British Columbia may refuse to issue a driver training school licence or a driver training instructor's licence if the applicant is indebted to the government or to the Insurance Corporation of British Columbia.
(7) A driver training school must apply for a driver training school licence for each place of business at which driver training is conducted.
(8) If the name of a licensee is changed the licensee must apply for a duplicate licence within 10 days and must submit proof satisfactory to the Insurance Corporation of British Columbia of the change of name.
[en. B.C. Reg. 354/94; am. B.C. Reg. 317/96, s. 1.]
27.05 (1) Every driver training school must furnish and maintain security with the Insurance Corporation of British Columbia under the Bonding Act for the protection of contractual rights of its students and for the honest conduct of the driver training school and its employees in the amount of $2 000 for each driver training instructor employed at any one time by the driver training school during the term of the driver training school's licence.
(2) The security referred to in subsection (1) may be in any of the following forms:
(a) cash;
(b) a bond of a surety licensed under the Insurance Act;
(c) a term deposit for up to 3 years registered in the name of the minister;
(d) a fully registered bond, unconditionally guaranteed by the government of Canada or one of the provincial governments, with a power of attorney stamped and signature guaranteed by a bank.
(3) The maximum amount of security for each driver training school is not to exceed $10 000.
(4) The highest amount of security established during the term of the licence must not be allowed to decrease.
[en. B.C. Reg. 354/94; am. B.C. Reg. 317/96, s. 1.]
27.06 (1) A driver training school must post and keep posted in a conspicuous place in each place of business
(a) Repealed. [B.C. Reg. 228/2004, s. (a).]
(b) the driver training school licence, and
(c) the driver training instructor’s licence issued to each instructor employed by or under contract to provide driver training at the school.
(2) A driver training school must provide a written statement to each student, before commencement of training and before the payment of any fees, disclosing all of the following:
(a) the name and address of the driver training school;
(b) the fees for enrollment, tuition, services, equipment and vehicle rentals;
(c) the extra charges that might be incurred by that student;
(d) how many persons can be in the driver training school vehicle during the student’s lesson time and their reason for being in the vehicle;
(e) the actual amount of practice driving time the student will receive during each lesson;
(f) the actual fee for each lesson;
(g) the refund policies of the driver training school.
(3) A driver training school must provide to each person to whom driver training is supplied a written itemized statement of services provided or rental charged and a receipt for each payment made.
(4) A driver training school must maintain records as required by the Insurance Corporation of British Columbia for a period of 3 years, including but not limited to
(a) records of students trained, including student’s name, driver’s licence number, class of driver’s licence, date, time and length of each lesson, name of instructor of each lesson, subject taught, type of training, and fee charged for each lesson,
(b) records of each instructor employed, including name, driver’s licence number, a copy of the driver training instructor’s licence, dates of refresher training given to the instructor, and
(c) records of all vehicles used for driver training by retaining a copy of each vehicle’s registration and proof of insurance coverage.
(5) A driver training school must, during regular business hours and all other reasonable times, permit the Insurance Corporation of British Columbia or designate to
(a) visit premises used for operation of the driver training school,
(b) examine all records and other material and equipment used for operation of the driver training school,
(c) attend and monitor the conduct of driver training lessons, and
(d) copy records and other material pertaining to the operation of the driver training school.
(6) A driver training school must not employ a person to conduct driver training on its behalf if the person does not hold a valid and subsisting driver training instructor’s licence.
(7) A driver training school must return the driver training school licence to the Insurance Corporation of British Columbia within 10 days of ceasing to carry on business as a driver training school.
(8) A driver training school must maintain a registered office in British Columbia at which all communications and notices may be served and at which records of the driver training school must be maintained.
(9) If the address of the registered office of a driver training school is changed, the driver training school must notify the Insurance Corporation of British Columbia in writing within 10 days of the change.
(10) A driver training school must, within 10 days of receipt of a request from the Insurance Corporation of British Columbia and in the form requested, update or provide further details as specified in the request concerning
(a) information provided at the time application was made for the school’s driver training school licence, or
(b) records respecting the operation of the driver training school that the driver training school is required to maintain under this Division.
(11) A driver training school must return the driver training instructor’s licence to a licensee immediately on ceasing to employ the licensee.
(12) A driver training school must use driver training course curriculum, facilities and equipment acceptable to the Insurance Corporation of British Columbia.
(13) Repealed. [B.C. Reg. 228/2004, s. (d).]
[en. B.C. Reg. 354/94; am. B.C. Regs. 317/96, s. 1; 228/2004, ss. (a) to (d).]
27.07 (1) An applicant for a driver training instructor’s licence must
(a) have a driving record acceptable to the Insurance Corporation of British Columbia that shows less than 10 demerit points within the past 2 years, and no convictions under the Criminal Code concerning driving of a motor vehicle or convictions in any other jurisdiction for offences analogous to those under the Criminal Code concerning driving of a motor vehicle for 3 years before the application,
(b) provide a police check acceptable to the corporation, and the application may be rejected if the police check indicates a conviction for an offence involving dishonesty, violence or indecency within the past 5 years,
(c) provide proof of driving experience and qualification acceptable to the corporation indicating that
(i) if the application is for a Class 1, 2 or 3 driver training instructor’s licence for practical driver training, the applicant holds a British Columbia Class 1, 2 or 3 driver’s licence and has held one, or the equivalent driver’s licence from another jurisdiction, for at least 3 years and has held a driver’s licence for at least 5 years,
(ii) if the application is for a Class 4 driver training instructor’s licence for practical driver training, the applicant has a Class 4 British Columbia driver’s licence and has held a Class 4 or 5 driver’s licence, or an equivalent driver’s licence from another jurisdiction, for at least 3 years,
(iii) if the application is for a Class 5 or 7 driver training instructor’s licence for practical driver training, the applicant has a British Columbia driver’s licence and has held a British Columbia Class 5 driver’s licence, or an equivalent driver’s licence from another jurisdiction, for at least 3 years,
(iv) if the application is for a Class 6 or 8 driver training instructor’s licence for practical driver training, the applicant has a British Columbia Class 6 driver’s licence and has held one, or the equivalent driver’s licence from another jurisdiction, for at least 3 years,
(v) if the application is for a driver training instructor’s licence not covering practical driver training, the applicant has, for at least 3 years, held a British Columbia driver’s licence or an equivalent driver’s licence from another jurisdiction, and
(vi) if the application is for a driver training instructor’s licence to teach an approved driver education course, the applicant has a British Columbia Class 5 or 6 driver training instructor’s licence,
(d) be at least 19 years of age and be the holder of a valid and subsisting British Columbia driver’s licence of a class permitting operation of the class or type of vehicle for which the applicant intends to provide practical driver training, and
(e) file a medical report acceptable to the Insurance Corporation of British Columbia if the application is for a licence to conduct practical driver training.
(2) Repealed. [B.C. Reg. 228/2004, s. (d).]
(3) An instructor training facility must not accept an applicant for training unless the applicant meets the standards and qualifications specified in this section.
(4) On acceptance by the instructor training facility, the applicant must complete an approved driver training instructor training course, and qualify on examinations, as required by the Insurance Corporation of British Columbia.
(5) Subsection (4), other than the requirements under that subsection concerning examinations, does not apply if the applicant presents proof of equivalent training acceptable to the Insurance Corporation of British Columbia.
[en. B.C. Reg. 354/94; am. B.C. Regs. 317/96, s. 1; 413/97, App. 1, s. 2; 229/98, ss. 2 and 3; 257/98, App. 1, s. 2; 228/2004, ss. (d) and (e).]
27.08 (1) A driver training instructor must
(a) have a driving record acceptable to the Insurance Corporation of British Columbia that shows less than 10 demerit points within the past 2 years, and no convictions under the Criminal Code concerning driving a motor vehicle or convictions in any other jurisdiction for offences analogous to those under the Criminal Code concerning driving a motor vehicle, within the past 3 years,
(b) provide, on request, a police check acceptable to the Insurance Corporation of British Columbia, and if the police check indicates a conviction for an offence described in section 27.03 (3) (d) the driver training instructor's licence may be cancelled, and
(c) provide, on request, a medical report acceptable to the Insurance Corporation of British Columbia if the driver training instructor's licence permits the conduct of practical driver training.
(1.1) If a driver training instructor is charged with an offence referred to in subsection (1) (b), the Insurance Corporation of British Columbia may delay acting under subsection (1) (b) pending the outcome of the proceeding for the offence in order to determine whether it should act under subsection (1) (b) at that later date.
(2) A driver training instructor must complete training courses and qualify on examinations or re-examinations from time to time as may be required by the Insurance Corporation of British Columbia.
(3) A driver training instructor must provide the driver training instructor's licence to the driver training school at which the driver training instructor is employed or is under contract to provide driver training.
(4) A driver training instructor must not provide driver training to an individual who is not enrolled at the driver training school at which the driver training instructor is employed.
(5) A driver training instructor or driver training school must not provide practical driver training to a person who does not have a driver's licence.
(6) A driver training instructor conducting practical driver training must hold a valid current British Columbia driver's licence of the appropriate classification.
(7) A driver training instructor must use driver training course curriculum acceptable to the Insurance Corporation of British Columbia.
[en. B.C. Reg. 354/94; am. B.C. Regs. 317/96, s. 1; 108/97, ss. 3-4; 413/97, App. 1, s. 2; 229/98, s. 3.]
27.09 (1) Vehicles used by a driver training school or driver training instructor for the training of persons who wish to obtain a Class 5 or 7 driver’s licence must have
(a) dual brake pedals,
(b) dual clutch pedals for manual transmission vehicles,
(c) a rear view mirror firmly mounted so as to give the instructor a clear and unobstructed view of the highway to the rear of the vehicle and separate from mirrors that the vehicle was originally equipped with when manufactured,
(d) the words “student driver” in legible printed upper case letters not less than 50 mm high with the lettering and background colours in contrasting shades displayed on the top or rear of the vehicle and visible to the rear, and
(e) Repealed. [B.C. Reg. 228/2004, s. (f).]
(2) Vehicles owned or leased by a driver training school or driver training instructor and in use for the training of drivers who wish to obtain a Class 4 driver’s licence must have
(a) the words "student driver" in legible printed upper case letters not less than 50 mm high with the lettering and background colours in contrasting shades displayed on the top or rear of the vehicle and visible to the rear.
(b) Repealed. [B.C. Reg. 228/2004, s. (f).]
(3) Repealed. [B.C. Reg. 228/2004, s. (f).]
(4) Vehicles, including towed vehicles, used by a driver training school or driver training instructor for training of drivers who wish to obtain a Class 1, 2, or 3 driver’s licence must have
(a) the words "student driver" in legible printed upper case letters not less than 75 mm high with the lettering and background colours in contrasting shades displayed on the top or rear of the vehicle and visible to the rear.
(b) Repealed. [B.C. Reg. 228/2004, s. (f).]
(5) Repealed. [B.C. Reg. 228/2004, s. (f).]
(6) Vehicles used for driver training must meet inspection standards in Division 25.
(7) A private vehicle that is used for training of persons with disabilities who wish to obtain a Class 5 or 7 driver’s licence and that has modifications to its controls in order to be operated is exempt from the requirements of this section other than subsection (1) (d).
(8) Vehicles used for retraining are exempt from the requirements of this section.
(9) A driver training school or driver training instructor must not provide Class 6 or 8 motorcycle practical driver training to a student on a highway if the student is not wearing a reflective vest of a type acceptable to the Insurance Corporation of British Columbia.
[en. B.C. Reg. 354/94; am. B.C. Regs. 317/96, s. 1; 229/98, s. 3; 257/98, App. 1, s. 3; 228/2004, s. (f).]
27.10 (1) Repealed. [B.C. Reg. 228/2004, s. (f).]
(2) A driver training school, its operators, agents or employees, or a driver training instructor, must not
(a) represent themselves as a representative, agent or employee of the government,
(b) solicit business in an office of the Insurance Corporation of British Columbia or its authorized agents,
(c) engage in false, deceptive or misleading advertising or make a false, deceptive or misleading statement,
(d) state or imply that issuance of a driver’s licence is guaranteed on completion of the driver training provided,
(e) advertise, state or imply that the school or its employees are approved, supervised, recommended or endorsed by the Insurance Corporation of British Columbia or the government, except that
(i) the words "licensed under the Motor Vehicle Act" may be used,
(ii) in the case of a licensed driver training school, the words "licensed as a driver training school under the Motor Vehicle Act" may be used,
(iii) in the case of a licensed driver training instructor, the words "licensed as a driver training instructor under the Motor Vehicle Act" may be used, and
(iv) in the case of an approved driver education course, the words "driver education course approved by the Insurance Corporation of British Columbia" or "driver education course approved by ICBC" may be used, or
(f) advertise, or cause advertising to be issued, which does not contain the name of the driver training school or, in the case of a driver training instructor, the name of the driver training instructor.
(g) Repealed. [B.C. Reg. 228/2004, s. (f).]
[en. B.C. Reg. 354/94; am. B.C. Regs. 317/96, s. 5; 413/97, App. 1, s. 21; 229/98, s. 4; 228/2004, s. (f).]
27.11 The Insurance Corporation of British Columbia may set policy guidelines for the conduct of courses of driver training and the training of driver training instructors, including curriculum, facilities and equipment, and may monitor the conduct of courses for licensees under this Division.
[en. B.C. Reg. 354/94; am. B.C. Reg. 317/96, s. 1.]
28.01 If a person is convicted of an offence, the Insurance Corporation of British Columbia must record on the driving record of that person the number of point penalties for that offence as set out in the Schedule.
[en. B.C. Reg. 413/97, App. 1, s. 22.]
28.02 (1) Spent.
(2) The duty of the Insurance Corporation of British Columbia to record point penalties for breaches of those provisions set out in Table 4 of the Schedule and marked "+" has effect on and after December 4, 1985.
[am. B.C. Reg. 317/96, s. 1.]
[en. B.C. Reg. 389/85; am. B.C. Regs. 274/86, Sch. 3, s. 1; 49/87, Sch. 2; 374/87, Sch. 2; 427/87; 428/87; 472/88;
257/98, App. 1, s. 4; 178/2000, s. 1.]
Table 1
For breaches listed in this table, the number of point penalties recorded shall be 2.
|
|
Motor Vehicle Act |
Description of Offence |
|
|
1 |
Section 121 |
Driving maintenance or construction vehicle without due regard for safety |
|
|
2 |
Section 123 |
Fail to obey police direction |
|
|
3 |
Section 125 |
Disobey traffic control device |
|
|
4 |
Section 127 (1) (a) (ii) |
Fail to yield to pedestrian |
|
|
5 |
Section 127 (1) (a) (iii) |
Fail to yield to vehicle |
|
|
6 |
Section 128 (1) (a) |
Yellow light at intersection |
|
|
6.1 |
Section 128 (1) (a) |
Yellow light, intersection — no stop before intersection |
|
|
7 |
Section 128 (2) (a) |
Yellow light—no intersection |
|
|
8 |
Section 129 (1) |
Red light at intersection |
|
|
9 |
Section 129 (3) |
Fail to yield — right turn — red light |
|
|
10 |
Section 129 (4) (b) |
Fail to yield — left turn — red light |
|
|
11 |
Section 129 (5) (a) |
Red light — no intersection |
|
|
12 |
Section 130 (1) (a) |
Disobey green arrow |
|
|
13 |
Section 130 (1) (a) |
Fail to yield on green arrow |
|
|
13.1 |
Section 130 (2) (a) (i) |
Fail to stop — yellow arrow — crosswalk |
|
|
13.2 |
Section 130 (2) (a) (ii) |
Fail to stop — yellow arrow — intersection |
|
|
13.3 |
Section 130 (2) (b) |
Fail to yield — yellow arrow — pedestrian |
|
|
14 |
Section 131 (1) (a) |
Flashing red light at intersection |
|
|
15 |
Section 131 (2) (a) |
Flashing red light--no intersection |
|
|
16 |
Section 131 (3) (a) |
Yellow flashing light at intersection |
|
|
17 |
Section 131 (4) (a) |
Yellow flashing light--no intersection |
|
|
18 |
Section 131 (5) (a) |
Fail to yield at green flashing light |
|
|
19 |
Section 134 |
Failing to obey lane direction control signal |
|
|
20 |
Section 143 |
Drive over newly painted lines |
|
|
21 |
Section 151 (a) |
Unsafe lane change |
|
|
22 |
Section 151 (b) |
Lane change solid line |
|
|
23 |
Section 151 (c) |
Change lanes without signal |
|
|
24 |
Section 151 (d) |
Left turn from wrong lane |
|
|
25 |
Section 151 (e) |
Right turn from wrong lane |
|
|
26 |
Spent2 |
||
|
27 |
Section 151 (f) |
Illegal pass on laned roadway |
|
|
28 |
Section 151 (g) |
Slow moving in wrong lane |
|
|
29 |
Section 158 (1) |
Pass on right |
|
|
30 |
Section 158 (2) (a) |
Unsafe pass on right |
|
|
31 |
Section 158 (2) (b) |
Pass on right off roadway |
|
|
32 |
Section 161 |
Disobey traffic sign or signal |
|
|
33 |
Section 166 |
Improper left turn — no intersection |
|
|
34 |
Section 167 |
Improper right turn — no intersection |
|
|
35 |
Section 168 (a) |
Unsafe U-turn |
|
|
36 |
Section 168 (b) (iii) |
Prohibited U-turn |
|
|
36.1 |
Section 168 (b) (iv) |
U-turn — intersection |
|
|
36.2 |
Section 168 (b) (v) |
U-turn — business district |
|
|
37 |
Section 169 |
Unsafe start |
|
|
38 |
Section 170 (1) |
No signal on turn |
|
|
39 |
Section 170 (2) |
Inadequate signal on turn |
|
|
40 |
Section 170 (3) |
Fail to signal stop or decrease in speed |
|
|
41 |
Section 171 (2) |
Drive vehicle without signal device |
|
|
42 |
Section 172 (2) |
No proper signalling equipment for right-hand drive vehicle |
|
|
43 |
Section 173 |
Fail to yield at uncontrolled intersection |
|
|
44 |
Section 173 |
Disobey yield sign |
|
|
45 |
Section 174 |
Fail to yield on left turn |
|
|
46 |
Section 174 |
Fail to yield to left turn vehicle |
|
|
47 |
Section 175 (1) |
Fail to yield after stop |
|
|
48 |
Section 175 (2) |
Fail to yield to vehicle leaving stop |
|
|
49 |
Section 176 (1) |
Emerging vehicle fail to stop |
|
|
50 |
Section 176 (2) |
Emerging vehicle fail to yield |
|
|
51 |
Section 181 |
Failing to exercise duty to pedestrian |
|
|
52 |
Section 185 (1) |
Fail to stop at railway crossing |
|
|
53 |
Section 185 (1) |
Leave railway crossing unsafely |
|
|
54 |
Section 185 (2) |
Drive past railway crossing gate |
|
|
55 |
Section 185 (4) (e) |
Commercial vehicle — no stop at railway |
|
|
56 |
Section 185 (5) |
Fail to proceed with caution at railway crossing |
|
|
57 |
Section 193 |
Reverse into intersection |
|
|
58 |
Section 193 |
Reverse when unsafe |
|
|
59 |
Section 194 (1) |
Operate motorcycle — not on seat |
|
|
60 |
Section 194 (3) |
Permit unlawfully seated passenger |
|
|
61 |
Section 194 (4) |
Operate motorcycle more than 2 abreast |
|
|
62 |
Section 196 |
Improper operation of vehicle on canyon defile or on mountain road |
|
|
63 |
Section 197 |
Coasting down grade illegally |
|
|
64 |
Section 198 |
Follow fire truck too closely |
|
|
65 |
Section 198 |
Park near fire truck |
|
|
66 |
Section 199 |
Drive over fire hose |
|
|
67 |
Section 200 |
Drive on sidewalk |
|
|
68 |
Section 203 (1) |
Open door while unsafe |
Table 2
For breaches listed in this table, the number of point penalties recorded shall be 3.
|
Motor Vehicle Act |
Description of Offences |
||
|
1 |
Section 24 (1) |
|
No driver's licence |
|
2 |
Section 25 (10) |
|
Failing to obey restriction on driver's licence |
|
3 |
Section 25 (15) |
|
Drive contrary to restriction |
|
4 |
Section 68 |
|
Failing to fulfill duty of driver involved in accident |
|
5 |
Section 73 (1) |
|
Fail to stop for police |
|
6 |
Section 73 (2) |
|
Fail to state name and address |
|
7 |
Section 140 |
|
Disobey construction signs |
|
8 |
Section 141 |
|
Disobey flagman |
|
9 |
Section 144 (1) (c) |
|
Speed relative to conditions |
|
10 |
Section 145 (1) |
|
Slow driving |
|
11 |
Section 146 (1) |
|
Speed in municipality |
|
12 |
Section 146 (1) |
|
Speed outside municipality |
|
13 |
Section 146 (3) |
|
Speed against highway sign |
|
14 |
Section 146 (5) |
|
Speed against area sign |
|
15 |
Section 146 (7) |
|
Speed against municipal sign |
|
16 |
Section 146 (11) |
|
Speed on municipal lane |
|
17 |
Section 147 (1) |
|
Speed in school zone |
|
18 |
Section 147 (2) |
|
Speed in playground zone |
|
18.1 |
Section 148 (1) |
|
Excessive speed |
|
19 |
Section 149 |
|
Fail to stop for school bus |
|
20 |
Section 150 (1) |
|
Fail to keep right |
|
21 |
Section 150 (2) |
|
Slow vehicle not on right |
|
22 |
Section 150 (3) |
|
Fail to keep right of rotary traffic island |
|
23 |
Section 154 |
|
Passing when meeting oncoming vehicle |
|
24 |
Section 155 (1) (a) |
|
Cross solid double line |
|
25 |
Section 155 (1) (b) (i) |
|
Fail to keep right of double broken/solid line |
|
26 |
Section 155 (1) (b) (ii) |
|
Cross solid broken line |
|
27 |
Section 155 (1) (c) |
|
Fail to keep right of single broken or solid line |
|
28 |
Section 157 (1) (a) |
|
Fail to pass at safe distance |
|
29 |
Section 157 (1) (b) |
|
Fail to complete pass safely |
|
30 |
Section 157 (2) (a) |
|
Fail to yield to passing vehicle |
|
31 |
Section 157 (2) (b) |
|
Increase speed while being passed |
|
32 |
Section 159 |
|
Unsafe pass on left |
|
33 |
Section 160 |
|
Pass without clear view |
|
34 |
Section 162 (1) |
|
Follow too closely |
|
35 |
Section 162 (2) |
|
Commercial vehicle — follow too closely |
|
36 |
Section 162 (3) |
|
Fail to leave sufficient space between vehicles for passing purposes |
|
37 |
Section 163 (a) |
|
Drive over highway divider |
|
38 |
Section 163 (b) |
|
Fail to keep right on divided highway |
|
39 |
Section 164 (1) |
|
Enter controlled access highway |
|
40 |
Section 164 (2) |
|
Leave controlled access highway |
|
41 |
Section 165 (5) |
|
Improper turn at intersection |
|
42 |
Section 177 |
|
Fail to yield for emergency vehicle |
|
43 |
Section 179 (1) |
|
Fail to yield to pedestrian |
|
44 |
Section 179 (3) |
|
Pass vehicle yielding for pedestrian |
|
45 |
Section 179 (4) |
|
Disobey school guard |
|
46 |
Section 179 (4) |
|
Disobey school patrol |
|
47 |
Section 186 |
|
Disobey stop sign |
|
48 |
Section 195 (1) (a) |
|
Drive while control obstructed |
|
49 |
Section 195 (1) (b) |
|
Drive while view obstructed |
|
50 |
Section 195 (2) |
|
Obstruct driver |
|
|
Motor Vehicle Act Regulation |
|
Description of Offence |
|
|
Section 7A.01 |
|
Unnecessary noise |
Table 3
For breaches listed in this table, the number of point penalties recorded shall be 6.
|
|
Motor Vehicle Act |
|
Description of Offence |
|
1 |
Section 144 (1) (a) |
|
Careless driving |
|
2 |
Section 144 (1) (b) |
|
Driving without reasonable consideration |
Table 4
For breaches listed in this table, the number of point penalties recorded shall be 10.
|
Motor Vehicle Act |
Description of Offence |
||
|
1 |
Section 90.4 |
|
Driving while suspended |
|
2 |
Section 95 |
|
Driving while prohibited or suspended |
|
3 |
Repealed [B.C. Reg. 257/98, App. 1, s. 4.] |
||
|
4 |
Section 100 |
|
Failing to stop for peace officer |
|
5 |
Section 102 |
|
Driving while prohibited or suspended |
|
6 |
Section 103 |
|
Driving while suspended |
|
7 |
Section 224 |
|
Driving with more than 80 milligrams of alcohol in blood |
|
8 |
Section 226 |
|
Refusal to give blood sample |
|
9 |
Section 234 (1) |
|
Driving while suspended |
|
|
Criminal Code (Canada)3 |
|
Description of Offence |
|
1 |
Section 220 |
|
Causing death by criminal negligence |
|
2 |
Section 221 |
|
Causing injury by criminal negligence |
|
3 |
Section 233 (1) |
|
Criminal negligence |
|
4 |
Section 233 (2) |
|
Failing to fulfill duty of person having care, charge or control of |
|
5 |
Section 233 (4) |
|
Dangerous driving |
|
6 |
Section 234 |
|
Driving while ability impaired |
|
7 |
Section 235 |
|
Breath sample not provided |
|
8 |
Section 236 |
|
Driving with more than 80 milligrams of alcohol in blood |
|
9 |
Section 236 |
|
Manslaughter |
|
10 |
Section 249 (1) (a) |
|
Dangerous operation of a motor vehicle |
|
11 |
Section 249 (3) |
|
Dangerous operation causing bodily harm |
|
12 |
Section 249 (4) |
|
Dangerous operation causing death |
|
13 |
Section 252 (1) |
|
Failure to stop at scene of accident |
|
14 |
Section 253 (a) |
|
Operation of motor vehicle while ability impaired by alcohol or drugs |
|
15 |
Section 253 (b) |
|
Operation of motor vehicle with more than 80 milligrams alcohol in blood |
|
16 |
Section 254 (5) |
|
Failure or refusal to provide sample of breath or blood |
|
17 |
Section 255 (2) |
|
Operation of a motor vehicle while impaired causing bodily harm |
|
18 |
Section 255 (3) |
|
Operation of a motor vehicle while impaired causing death |
|
19 |
Section 259 (4) |
|
Operation of motor vehicle while disqualified |
28.03 Repealed. [B.C. Reg. 413/97, App. 1, s. 23.]
28.04 Upon examination of a driving record of a driver, the superintendent may, in his discretion, take whatever action pursuant to the Act and regulations that he may deem appropriate in respect to that driver.
[en. B.C. Reg. 15/70.]
28.05 Spent.
Copyright (c) 2004: Queen's Printer, Victoria, British Columbia, Canada