Q&A - Speeding Ticket by Mail?

Q&A ImageI am wondering if you can get a speeding ticket (not red light ticket) by mail?

Comments

Answer

According to the Offence Act:

Violation ticket

14 (6) A copy of a violation ticket issued in respect of an offence by an owner of a motor vehicle under section 83 (2.1) or 83.1 (2) or (2.1) of the Motor Vehicle Act may be sent

(a) by ordinary mail to the address of the owner as set out in the records of the Insurance Corporation of British Columbia, or

(b) by registered mail to the address of the owner as set out in the records of the Insurance Corporation of British Columbia.

(7) If service is required by this section, an enforcement officer may serve, or cause to be served, a copy of the violation ticket on the person alleged to have contravened the enactment

(a) immediately after the alleged contravention,

(b) in the same manner as a summons is required to be served under this Act, or

(c) outside the province in accordance with section 14.1.

A summons must be served in the following manner:

Service on individual

28  (1) Subject to subsection (3), a summons must be served by a peace officer or enforcement officer, who must deliver it personally to the person to whom it is directed, or, if that person cannot conveniently be found, must leave it for the person at the person's last or usual residence with an occupant of it who appears to be at least 16 years of age.

(2) For the purposes of the service of a summons in respect of an alleged offence under a bylaw of a municipality, a peace officer includes a bylaw enforcement officer appointed under section 36 of the Police Act.

(3) A summons in respect of an alleged offence under a bylaw of a municipality or regional district may be served in the manner set out in subsection (1) by a person appointed for that purpose by the council of the municipality or the board of the regional district.

(4) For the purposes of this section, a person appointed under subsection (3) has the legal status of a peace officer.

I have always been advised that a police officer must serve a copy of the Violation Ticket to the driver personally, regardless of the fact that the law obviously says otherwise.

So, long story short, if your ticket is marked with you as the registered owner rather than the driver, then yes, the ticket can be sent to you in the mail. If it is marked with you as the driver, then it must be served in the manner as a summons and cannot be mailed.

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