CASE LAW - GLP Driving Prohibition

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) appeals a driving prohibition imposed by RoadSafetyBC after he received two traffic tickets.

The first was a speeding violation from February 21, 2015; and the second a violation for failing to obey a traffic control device (turning left where prohibited) from May 6, 2016.

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Driving Prohibition Imposed

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.

Appeal of 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.

Decision

Madam Justice DeWitt-Van Oosten did not agree and confirmed the prohibition.

[45]         I am satisfied that there was evidence before the Adjudicator from which she could reasonably make the findings that she did.  I am also satisfied that her analytic path was transparent and intelligible.  Finally, with reference to the Guidelines as they apply to Class 7 licence holders, it is apparent that the Adjudicator's decision falls within a range of possible, acceptable outcomes on the facts; see Dunsmuir at para. 47.  She was responsive to the appellant's submissions, as put before her, and in light of them, she reduced the four-month prohibition to three.

[46]         For these reasons, the appeal under s. 94(1) of the MVA is dismissed.

Reasons for Judgment

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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?

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.