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Police Forum Police Head Mod: Skidmark
Questions & info about the Motor Vehicle Act. Mature discussion only.

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Old 08-31-2010, 10:38 AM   #1
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Odd question about driving prohibition

Ok, I tried a couple searches and I couldn't find anything like this situation, if this has been answered before my apologies.

Ok, so I screwed up in febuary and got enough points to receive a intent to prohibit,with an N, instead of handing my license in right away I waited the 21 days because of how much easier it is to commute to my place of work.

Long story short, I went to Europe for 6 weeks shortly after the 21 days passed and when I got back didn't drive and I hadn't driven the 2 weeks before I went to Europe that was after my 21 days. The 3 months I was supposed to be prohibited for is about to end, at the end of august. I just received a notice of prohibition via registered letter 2 days ago, almost 4 months after the first notice, I could probably even show records of buying bus passes on my master cad bill and I also uninsured my car 3 days after the original 21 day period, would I have any way to dispute this or something, it seems somewhat ridiculous that there is a 4 month gray zone, when it probably wasn't legal for me to drive . Basically I didn't really know what to expect with the situation and figured the notice must have come while I was across the pond.

Obviously I have learned that I will inform anyone I know in this situation to just hand their license in right away.
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Old 08-31-2010, 03:16 PM   #2
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your suspension will start from the day you surrender your license.
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Old 08-31-2010, 03:22 PM   #3
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Quote:
Originally Posted by Quicksilver View Post
your suspension will start from the day you surrender your license.
This was my sister's experience as well. You can't say 'I didn't use it' to get out of it. You're going to have to do the whole thing from when you give up your liscence.
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Old 08-31-2010, 05:38 PM   #4
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Quote:
Originally Posted by Quicksilver View Post
your suspension will start from the day you surrender your license.
Nope, not so. You have to read the notice carefully as you can be prohibited from driving without having handed in your license.
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Old 08-31-2010, 08:31 PM   #5
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Hmm well I guess I'll update it, I went in today and after a long talk with someone from head office or wherever they reference The lady that was helping me and the lady on the other end agree that if I hadn't stopped driving and had been pulled over before receiving my notice to prohibit, which was 3 months late, after the first 21 days were over, I would have been found to be driving with out a license or whatever, so they made me sign my first notice with the date I stopped driving as the date of the signature and gave me credit for the last 3 months
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Old 09-04-2010, 02:20 AM   #6
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Good times.

As someone that has recently gone through this as well, here's a bit of a clearup:

ICBC can send you 2 types of notices, depending on your record in the last 5 years, what the convictions are/were, and also total points.

type 1: Notice of prohibition - No driving WHATSOEVER from the date you receive that notice. Usually sent by registered mail, so you can't whine "well I didn't receive it" 3 weeks later when you get pulled over. The amount of time of suspension will be on the form.


Type 2: Notice of INTENT to prohibit - Their way of telling you "we're gonna take it away, but u have a bit of a grace period" . The grace period is 21 days, from the date the notice is issued. You have that amount of time to drive, and also, if you want to, dispute/ask for reduction. The dispute form must be filled out (it's mailed with the notice), along with $100. The form must be POSTMARKED within that 21 days, or else it's automatically null.
While it has been sent out, the driver can drive until otherwise informed by ICBC, again, through registered mail. (disputes can last up to 4weeks)


When they mail you their final decision after dispute, you'll either get your license back, reduced time, or keep the same amount of time. They will NOT increase it, just because you disputed.


Now in relations with the OP: The license is suspended AUTOMATICALLY after the 21 days, regardless if you surrender your license, or sign paper work acknowleging the suspesion, etc. So you if went out of the country after those 21 days, ICBC has to start the suspension after 21 days, and count that in. They, again, can't do the "well he didn't sent the letter back in" excuse.


If you do not agree with the outcome of the dispute, then you will have to take it to a higher court (supreme court I believe), where you will have to pay for whatever cost incurs for that process.


Hope that clears things up.
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Old 09-04-2010, 11:37 PM   #7
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^^

Type 1 is what I had to deal with on my license, sadly more than once. Soon as I signed for the letter at the post office I had to stop driving that day. The last time it happened, the post office never asked me to sign for the letter but I was used to the drill so I stopped driving... Problem is, it never registered that I received my notice. X months later I call up ICBC to find out when its over and they tell me it never started yet. Letter to the superintendent and a couple calls later it was taken care of. I can't remember if I had to sign anything at the local branch, maybe when I went in to get the license back.
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Old 09-06-2010, 06:21 PM   #8
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^ Then they screwed up. Not you.

Notice of Prohibition starts the day the date is posted on that notice.

Even if it was INTENT to prohibit, one would only have 3 weeks.


It starts on whatever day that the letter was drafted and sent (u can see it on the top right hand cornrer)
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