Driving While Prohibited

What is Driving While Prohibited?

Driving while prohibited describes the offence of operating a motor vehicle on a road or highway while prohibited from doing so. Prohibited under the Motor Vehicle Act, a charge of driving while prohibited will not result in a criminal record. If you are alternately charged with the equivalent offence under the Criminal Code, operation while prohibited, you may receive a criminal record, permanently impeding your ability to travel and secure gainful employment. 

Driving While Prohibited in the Motor Vehicle Act

Concerning driving while prohibited, section 95 of the Motor Vehicle Act states

95 (1) A person who drives a motor vehicle on a highway or industrial road knowing that

(a) he or she is prohibited from driving a motor vehicle under section 91, 92, 93, 94.2, 215, 215.43 or 251 (4)

(b) [Repealed 2010-14-10.]

commits an offence and is liable,

(c) on a first conviction, to a fine of not less than $500 and not more than $2 000 or to imprisonment for not more than 6 months, or to both, and

(d) on a subsequent conviction, regardless of when the contravention occurred, to a fine of not less than $500 and not more than $2 000 and to imprisonment for not less than 14 days and not more than one year.

(2) If a person is charged with an offence under subsection (1) that pertains to a prohibition under section 91 or 215, the court hearing the charge may admit into evidence

(a) a certificate of the Insurance Corporation of British Columbia, or

(b) a certificate of the superintendent dated before the date this paragraph comes into force

stating the information required by subsection (4) and if the certificate is admitted into evidence it is proof that the defendant had knowledge of the prohibition in effect at the time of the alleged offence.

(3) If a person is charged with an offence under subsection (1) that pertains to a prohibition under section 92, 93, 94.2, 215.43 or 251 (4), the court hearing the charge may admit into evidence a certificate of the superintendent stating the information required by subsection (4), and if the certificate of the superintendent is admitted into evidence, it is proof that the defendant had knowledge of the prohibition in effect at the time of the alleged offence.

(4) If a person is charged with an offence under subsection (1), the certificate referred to in subsection (2) or (3), as the case may be, must state that the prohibition was in effect on the date of the alleged offence and that the records of the Insurance Corporation of British Columbia or the superintendent, as the case may be,

(a) show that a notice of the prohibition was mailed by registered mail or certified mail to the person at the person's most recent address recorded in the records of the corporation and that the corporation or superintendent subsequently received a copy of a confirmation of delivery provided by Canada Post showing a recipient's signature that, from a comparison with the signature on the records of the corporation, appears to be that of the person to whom the notice of prohibition was sent,

(b) contain a document that

(i) indicates that the person so charged

(A) has acknowledged that he or she is prohibited from driving a motor vehicle,

(B) has acknowledged that he or she has received from the corporation or the superintendent a notice of prohibition against driving a motor vehicle, or

(C) has surrendered his or her driver's licence to the corporation or the superintendent subsequent to receiving from the corporation or the superintendent a notice of prohibition, relating to a prohibition under section 91, 92 or 93, or a notice of suspension, and

(ii) is signed with a signature that, from a comparison with the signature on the records of the corporation, appears to be that of the person whom the corporation or superintendent intended to prohibit from driving a motor vehicle, or to whom the corporation or superintendent mailed a notice of prohibition, or

(c) contain a certificate of service established under section 94.3 (a) (iii), 215.47 (c) or 251 (3) (b) showing that a notice of driving prohibition under section 94.1, 215.41 or 251 (1) (h), as applicable, was personally served on the person subject to the prohibition.

(5) This section applies to any document contained in the records of the Insurance Corporation of British Columbia or the superintendent, whether that document was signed before, on or after the date this subsection comes into force.