Q&A - Violation Ticket Drive In HOV Lane
I received a Violation Ticket for Drive In HOV Lane cited under MVA section 152 with a ticketed amount of $109. The officer that served me the ticket stated that it was the minimal offense and carried no Penalty Points.
Except for not giving me a warning he was a very courteous officer and I appreciated how he handled the citation. However I always check out any ticket before deciding how to deal with it for fatal flaws or omissions.
Thus far I have been unable to find any official information stating if the correct Description Of Offence, Act/Regs, Section and Ticketed Amount (Fine) were written
The information on the ICBC website does not even list Drive In HOV Lane as a known violation (at the time this was written).
Also the Motor Vehicle Act although it lists HOV under Section 152 does not indicate the fine
And the Motor Vehicle Act Regulations although it lists HOV under Division 42 again does not indicate the fine
Lastly the Offence Act Violation Ticket Administration And Fines Regulation although it layes out the fines for most Motor Vehicle offenses again does not reference HOV and infact completely skips over the HOV sections in both the Motor Vehicle Act and Motor Vehicle Act Regulations
So I find this very odd and frustrating. I don't know if I was charged correctly or not. I've even gone as far as to phone ICBC Driver Licensing and they gave me conflicting information over the phone that it was $109 no points and then it was $109 2 points but no one could provide me this in writing; they just knew it from experience/by word of mouth.
Can someone please clarify and reference an actual certified government document, hopefully available online, that confirms what the correct Description Of Offense, Act/Regs, Section and Ticketed Amount should be, most importantly tho are there Penalty Points or are there not, or if there are multiple options?
Comments
Great Research!
You didn't scroll down quite far enough in the Violation Ticket Administration and Fines Regulation. If you go to the bottom of the column you will find that if the section is not listed, then it is $109, which would be the case with your 152 section.
As for points, you need to look at Division 28 of the Motor Vehicle Act Regulations. Section 152 is not listed, so there are no penalty points assessed for the violation.
Thanks for the reply and
Thanks for the reply and clarification
So I presume I could have also been cited under the MVAR section 42 with the same ticketed amount of $109 and again no penalty points. Is there a reason the officer would decide to cite under either the MVA vs the MVAR or does it really make no difference which he cites under in this case?
Very interesting that ICBC was unable to find this information and also provided conflicting information. Noteworthy as well is that several online sites quote a $109 fine with 2 points...perhaps it was changed recently/points removed?
In BC, drivers are fined $98 and two demerit points on the driver’s license.
Reminder: Law enforcement agencies are taking the occupancy rules seriously. Violators will receive $112.00 fines and two penalty points on their drivers' licenses.
No Real Difference
Either section is available to the officer, as is section 125 MVA for disobeying a traffic control device. This one does have points and a fine of more than $109.
I sympathize with the other sites as it is difficult to keep the fine amounts current and they may also be working with out of date information otherwise as well.