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On-the-Spot 30-Day Driving Ban

Full Title:
Motor Vehicle Amendment Act (No. 2), 2025 [Reinstated]

Summary#

This bill would create an immediate 30‑day driving ban in British Columbia for “reckless driving,” with clear examples like stunt driving and extreme speeding. Police could issue the ban on the spot, without laying a criminal charge, and take your licence right away. The Superintendent of Motor Vehicles would review cases and could add a longer prohibition later. It also sets fines and possible jail time if you drive while under this new ban.

  • Defines “reckless driving” to include stunts (wheelies, drifting, donuts), driving in oncoming lanes alongside other cars, riding with someone in the trunk, driving while not seated, and very high speeds.
  • Sets speed triggers: 40 km/h over the limit if the limit is under 80; 50 km/h over if the limit is 80 or higher; or any speed of 150 km/h or more.
  • Lets police (peace officers) issue an immediate 30‑day driving prohibition and demand your licence, with no criminal charge needed.
  • No appeal of the 30‑day ban; the licence is returned after 30 days unless another suspension applies.
  • Requires police to send the notice to the Superintendent; if they do not, the ban is void.
  • The Superintendent must consider a further prohibition; any days already served count.
  • Creates an offence for driving while under this new prohibition, with fines of $500–$2,000 and possible jail (harsher for repeat offenders).
  • Allows the province to add more reckless behaviours and set evidence rules by regulation.

What it means for you#

  • Drivers

    • Doing stunts like wheelies, drifting, or spinning out can lead to an on‑the‑spot 30‑day loss of your right to drive, even if you are not charged with a crime.
    • Very high speeds can trigger the same ban:
      • 40 km/h over the limit where the limit is under 80 km/h.
      • 50 km/h over the limit where the limit is 80 km/h or higher.
      • Any speed of 150 km/h or more.
    • Other listed behaviours that can trigger a ban include driving next to other vehicles while using the oncoming lane longer than needed to pass, having a person in the trunk, or driving while not seated in the driver’s seat.
    • Driving “without due care and attention” in a way likely to harm or distract others can also qualify.
    • If police serve you a notice, the ban starts right away. You must hand over your licence if asked.
    • You cannot appeal the 30‑day ban. If police fail to file the notice with the Superintendent on time, the ban does not stand.
    • After 30 days, you get your licence back if you are not under any other ban. The Superintendent may still add a longer prohibition after review, and the 30 days already served would count.
    • If you drive while banned under this new rule, you face a $500–$2,000 fine and possible jail (up to 6 months on a first offence; 14 days to one year on later offences).
  • Motorcyclists

    • Lifting a wheel (a wheelie) is listed as reckless driving and can trigger the immediate 30‑day ban.
  • Employers and workers who drive for their job

    • A 30‑day driving ban takes effect right away and cannot be appealed, which may interrupt work that requires driving.
  • Police (peace officers)

    • Gain a new tool to remove high‑risk drivers from the road immediately.
    • Must send the prohibition notice to the Superintendent within set timelines, or the ban is void.
  • All road users

    • You may see more roadside prohibitions for stunt‑style driving and extreme speeding aimed at reducing risky behaviour.

Expenses#

No publicly available information.

Proponents' View#

  • It quickly gets high‑risk drivers off the road, reducing chances of crashes, injuries, and deaths.
  • Clear, specific examples (stunts and speed thresholds) make the rule easier to understand and enforce.
  • An immediate, administrative ban is a strong deterrent, even when a criminal charge is not laid.
  • Follow‑up review by the Superintendent targets repeat or extreme cases with longer bans.
  • Certificates to prove a driver knew about the ban make enforcement of “driving while prohibited” more reliable.

Opponents' View#

  • No appeal for the 30‑day ban raises fairness concerns; drivers can lose their licence based on an officer’s judgment even if a charge is never laid.
  • The definition of “reckless driving” is broad and includes a catch‑all for driving “without due care,” which could be applied unevenly.
  • A sudden 30‑day loss of driving can harm people’s jobs and family duties, especially where transit options are limited.
  • Greater police discretion may lead to inconsistent enforcement or bias.
  • The new ban and penalties may overlap with existing speeding and dangerous driving laws, adding complexity for drivers to understand.