CASE LAW - Mace v Superintendent of Motor Vehicles

BC Courts Coat of ArmsGordon Mace, a 40 year old driver who held a class 7 driver's licence and was part of the Graduated Licencing Program (GLP) received two traffic tickets: a speeding violation from February 21, 2015; and a violation for failing to obey a traffic control device from May 6, 2016. Subsequent to that, the Superintendent sent Mr. Mace a notice of intention to prohibit him from driving for 4 months because of the two violations. On review of that decision, the Superintendent reduced the length of the prohibition to 3 months and applied the prohibition.

Mr. Mace applied to the Supreme Court to have the prohibition set aside on the grounds that he was not a danger to the public when the offences occurred and that because he had 4 years of driving experience he should not be considered a new driver. Madam Justice DeWitt-Van Oosten did not agree and confirmed the prohibition.

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Comments

Mace v Superintendent of Motor Vehicles

What ever happened to taking responsibility for your actions?

The restricted lenency of a Class 7 license is not rocket science. Regardless of 4 years or 40 years of previous driving experience, a Class 7 limits consideration when assessing violations.

A 4 month prohibition is not the end of the world and chopping a month off is more than he deserved.  Suck it up, eh?

Agreed.

After all, if Mr Mace had elected to take his Class 5 Road Test (he was eligible to do so from May 2014, but either didn't bother, or was unable to qualify) he wouldn't be faced with this problem.

Class 7 Restrictions are strict, and that's the way it's meant to be; this is why ICBC (along with other leading jurisdictions around the world) introduced Graduated Licensing.

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