KLEIN LYONS BLOG
Klein Lyons Blog | Full Exposure | Car Accidents and ICBC Settlements | Personal Injury
Recently the BC government made changes to the Motor Vehicle Act that came into effect September 20, 2010. There is a lot of jargon related to penalty points, insurance premiums and driver risk premiums. But what does this all mean?
If you receive a violation ticket in BC – and the violation list is quite long — there are three things that can happen:
1. A fine is imposed; ranging from $81 to $2,300;
2. ICBC penalty points will be awarded (not the kind you want!);
3. In certain circumstances a license suspension, driving prohibitions or vehicle impoundments could be imposed.
The interesting thing is that for some infractions such as failing to display a L or N; illegal possession of a driver’s license; driving without insurance or permitting a passenger to be without a seatbelt will net you a fine but no ICBC driver penalty points.
However, if you drive over newly painted lines you will get a two point penalty; or if you create unnecessary noise –ding, that is three points. How does that make any sense? A person who knowingly drives a car with no insurance does not get any driver penalty points? A noisy motorbike is very annoying but hardly life threatening.
Point infractions are two, three, or ten driver penalty points. If you receive more than three points during the “assessment period,” you must pay a driver penalty point premium. This is in addition to the fine paid for the infraction. If you receive three points or more in a 12-month period (basically your insurance policy cycle), you will have to pay. Minimum payment is $175 for four points up to $24,000 for 50 points.
If a driver receives two speeding tickets in a year, total fines and driver penalty point premium from ICBC will add up to a minimum of $576. That’s a lot of cash. I can see the need for penalties when speeding in school zones and other high-risk accident places, but what about five kilometres over the speed limit on the highway? When speed limits are posted at 80 km/hour on a three lane highway, going 85 km/hr probably isn’t going to make a difference. But it is breaking the law.
For dangerous drivers there is also the Driver Risk Premium (DPR). DPRs apply to criminal code convictions, ten point MVA convictions and excessive speed convictions as well as two or more roadside suspensions. These premiums are separate from ICBC Autoplan and are billed to a driver even if they don’t own a car or have insurance. These premiums range from about $320 to $24,000.
ICBC expects over 20,000 people in 2010 will have to pay Driver Risk Premiums. That is a lot of dangerous driving.
I was so upset with a female rcmp officer that wrote a totally fictitious letter to the superintendent of M.V.,stating I was a risk to the motoring public,why….. I was wearing a non dot helmet,,,but this was her chance to get even…. as a result I had my licence suspended for 15 months ,so far it cost me over 7,000.00 on lawyers and a “shrink: …….in the past she had stopped me twice issued ridiculous tickets ,I disputed and won, on the second one the judge dressed her down but good, in front of 7 other and junior officers ,,, her letter was based on an accident I had 5 yrs ago when I was hit by a car while on my m/c, and received a mild brain injury (concussion),…how she got this info in this age of the privacy act is a puzzle, not only that but I did take a driver assessment after my release from g.f.strong and passed in the upper percentile, and my licence returned ,then I moved to comox …..big mistake…so I said to hell with icbc Nazis, I went to mexico rented a small apartment 300.00 per month ,registered both suv and bike there, got a Mexican licence and come back every 6 months ,,,,the reg.and ins.for my 09 Harley 2010 suv ,is a cool 500.00 per year …for BOTH , I carry extra ins. fron bcaa so im really covered …its a pity I had to leave my country to escape rcmp storm troopers and a ins. .monopoly that takes advantage of its clients ….
I’m sorry, but I’m having a bit of difficulty coming up with some sympathy here. You are doing more than 40 over the speed limit and you are expecting to get away without feeling a little pain when you get caught? You are essentially saying to me that you don’t care about anyone else and are being picked on besides. Please think again!
How much is the fine for having too many passengers with a N?
I live in Prince George bc. The scariest city in Canada. The only gang to be scared of here is I C b c. And the r c m p. at least the drug dealers will leave u alone if udont bother them. Not the RCMP ….they come knocking on your. Door. Just like hitler days
Hi. I’m Logan. I was pulled over in November 2012 for excessive speeding. The cop told me to give him the keys and then asked my family (two kids and wife) and me to get out of the car as he was having it towed. The fines and penalties including impound for seven days and the cost of the rental car over the seven day period cost about seventeen hundred. I was pulled over in a passing lane with the same offence just five months later and they took my truck for what the police officer said was seven days and turned out to be thirty. I own a mobile business and they took my service truck and said see ya later. I have contested the ticket. The court date is in about six months so a lot of good that does. But innocent until proven guilty does not apply in this particular situation it seems. The costs are outrageous. I think I would like to move to Alberta because the business that I have will do just as good or better there and even though the housing costs more at least I wont be screwed over by the cops and ICBC on a regular basis. So… BC you can kiss my contributions to the economy good bye. It aint that nice here to be ram rodded by the government on a regular basis for purchasing a vehicle that is capable of far greater than the speed limit but crusifying the person when the step on the accelerator for a second or so????????
I need to know how much must pay to renew my licence?
I read over the driver risk premium pamphlet and it states that if you give up your license you wont have to pay the drp. So from that I take it that ICBC thinks you will be less of a risk after losing your license. That makes no sense to me whatsoever. If you were not in an accident or cause an accident, how is it even constitutional that they be allowed to charge any driver extra premiums because they deem they to be risky? If the superintendent of motor vehicles deems a driver safe to drive, how can ICBC go over their heads and say, no we dont think so so we are going to charge them extra on top of their regular premiums. This is injust in my opinion ,
May 2010 I received a speeding ticket for following along in traffic down a hill in Victoria BC. I was not the only person doing that speed. But I was the only vehicle pulled over and issued a ticket. This was the very FIRST ticket I have ever received. I am going to be 64 next week and have been driving since 16. To answer your next question, I am a very young and able 64 !! I had no idea I could contest the ticket and the police officer who utter 10 words thru the entire time did not tell me that info, Then in October the city of Langford installed 2 stop signs at a T-intersection where there has been only one stop sign for something like 15+ years. When following suit, I failed to make a COMPLETE stop at the sign before proceeding around corner. That day there were 2 police cars nabbing drivers like flies. As a previous person stated, I felt like I was one of the city’s cash cows, cause trust me they made a killing at that junction. There were 3 other vehicles pulled over at the same time as me. I disputed the stopping ticket and the police officer told me I would not have any say in court as he was pleading me guilty and he would have my ticket reduced. And he was right. I was asked if I came to a full stop when I said no, the judge said pay the clerk $80. What a joke. Now the ticket is paid, both of them, and I received a bill for a premium penalty of $300 to be paid in 30 days and I will pay that fine each year for 3 yrs. Why three years? I only committed the offence once. Why does ICBC keep these point penalties on my licence for 5 years. Why don’t they take your previous driving history into account when they look back 3 years anyways? It is pretty difficult to swallow when you have been driver “no risk” for 48 years!!! Better still, why don’t we, as voters, demand the same type of insurance that we have in other provinces. I certainly think the time of those officers could have been better spent catching real speeding and negligent passers on the Douglas Freeway or the Malahat hwy. I am so pissed with ICBC. Time to grow up BC and get rid of ICBC & replace it with something more efficient and not so money hungary.
[...]ICBC Penalty Points |[...]…
I never had so mush as a parking ticket after driving for 18 years in this province, then from one single incident I get 3 infractions and a $520 fine from ICBC on top of the $395 in fines from the penalties. This is almost $1000 and completely ridiculous. How come we have the highest insurance premiums around and still have pay this “Premium”? This is yet another reason for me to want to leave this province. BC isn’t that beautiful for me to want to take it up the butt from ICBC. Not to mention the police are completely useless here.
I would also like to comment based on reading Andrea Potters letter. I too received a traffic ticket for excessive speed which I was guilty of. I too paid the fine and thought it would be done with. At $367.00 I thought that was a pretty hefty fine but hey…..I was guilty. However I too did NOT know that ICBC was using me as their cash cow. Seeing as I am 59 years old and have NEVER had an accident OR claim I am [.....] off at these bastards. I just received another $320.00 invoice and I am still not sure how long this goes on for. I have now seen 3 years and 5 years. How they come up with this crap is amazing but I know that it must be some accountant like dweeb in the office cubicle dreaming up more ways to get more money for the “BOSS” and then probably pocketing the “BONUS” for doing so. ICBC NEEDS TO GO. Don’t get me wrong I don’t like ANY insurance companies but these creeps need to be taken down. “Just sayin”
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My name is Chelsea Dixon, I am a 22 year old woman, just trying to make a place for myself in the world. ICBC however, is making that slightly more difficult for me. I’m sure you get hundreds of stories complaining about this farce of a corporation. I feel like I am losing my mind in dealing with the one and only speeding ticket I’ve ever received in my life.
I’m going to try not to be long-winded, but I think I need to start from the beginning. On May 18th, 2010, I was nabbed for speeding on the Sea To Sky Highway. I will fully admit that I was doing 110 km/h in a zone with a limit of 60km/h. This resulted in an “Excessive Speed” violation. I know that it doesn’t make it right, but nearly every driver on that highway goes the same speed, if not faster than I did, and there were even a few drivers speeding past while I was getting my ticket. Regardless, I decided that, since I was a full-time student, as well as working 40 hours a week, I did not have time to go to court and fight the ticket, so I chose to just pay it, and thought that it would all be over. Big mistake. A few months after I paid my $367 ticket, I got a letter in the mail stating that due to my “poor driving record” I was now being prohibited from driving for 3 months. Or, for $100, I could write a letter to the Superintendent of Motor Vehicles stating reasons why my license should not be suspended. Since I needed my vehicle to get to school and work, I decided to try my luck and write a letter, with references from my parents and employer. A little while later, I got a response saying that while they had reviewed my case, I was still prohibited from driving for a slightly lesser period of 2 months. Okay, fine, you would think that would be the worst of it right? Wrong. When I went to get my license back in October 2010, I had to pay $281 ($250 reinstatement fee plus $31 for a two-year driver’s license). Now, since ICBC is a monopoly, of course I paid the fee and cautiously began driving again, all the while thinking I had finally done all I needed to do to put this ONE speeding ticket in the past. Until that is, I received yet another fun letter in the mail from the lovely people at ICBC. This time, it was informing me that I now qualified for the Driver Risk Premium due to my “single serious conviction” and I now have to pay $320 every year for the next 3 years ON MY BIRTHDAY, or else I can’t renew my car insurance, or my driver’s license. Here’s the kicker for me: if I had fought the ticket in first place, given the notoriously terrible record that traffic cops have for actually showing up to court, I probably wouldn’t have ever had to pay a dime.
Let’s add this all up:
Prohibition Review Letter: $100
Reinstatement Fee: $281
Driver Penalty Premium: $320 x 3 (annually for the next 3 years) = $960
Grand Total: $1,708 for ONE SPEEDING TICKET, the only violation on my record. I have not even spoken to a police officer ever in my life, before, or after this violation.
I honestly feel like I am in the movie Groundhog Day, and this speeding ticket will never end. I feel like they are just making things up on the fly to get more money. Its ridiculous, they need to be stopped! This happened over a year ago, and I’ve done nothing but pay them since. I don’t know what else to do, but I can’t just sit silently anymore.
Thank you for letting me vent.
I did a bit of research regarding the infractions and according to the ICBC site: “Violation tickets and points are kept on your driving record for five years”. http://www.icbc.com/driver-licensing/tickets/dpp/appealing-points. I would call an ICBC office and confirm your specific situation. Also, ICBC has a new blog done by Vicky Gabbareau, the ICBC Demysitfier. This is a great question for her. http://www.vickithedemystifier.com/. Safe driving and good luck on your summer job search.
I have a question I am hoping you can answer! So, back in 2008 I was young stupid and impatient so I drove without a licence, then got caught. I have my drivers abstract and i have a couple infractions. Im wondering how long these infractions stay on my record. Today, I am a working student attending my first year of university and trying to find work for the summer months. I’ve already applied for many job opportunities with the city to and I find these infractions hindering my chances of actually getting a good job.. I hear that most speeding tickets go away within 5 years.. are all Mva infractions gone within 5 years as well?