This section of the website outlines the processes involved when you disagree with a decision made regarding your driving behaviour and/or affecting your driving privileges and issuance of your driver’s licence. The process you will go through to have a decision reviewed is called an ‘administrative’ justice process as it does not go through the court system.
The administrative justice review process requires you to first complete the applicable review request form and submit it with payment. There are different forms and different fees for the various administrative justice review processes. If the form is not available for download from this webpage, you may get a form, schedule a review and pay the review fee at any ICBC Driver Licensing Office .
Written Reviews require you to submit your case in writing, and a decision will be made to you in writing.
Oral Reviews (only available for certain cases) are conducted by telephone at a scheduled time.
Review decisions under authority of the Superintendent of Motor Vehicles are final, but subject to judicial review – which means you can always Appeal the ‘final’ decision to the B.C. Supreme Court (see the Appeal to the Supreme Court section at bottom of this page).
Review of a Driving Prohibition for Driving Unlicensed
Note: Driving without a valid driver’s licence is different than driving while prohibited. Driving while prohibited carries heavier sanctions – see Caught Driving While Prohibited or Suspended page for more information.
Driving without a valid driver’s licence is an offence under section 24 of the Motor Vehicle Act. If caught driving without a licence, police can issue a driving prohibition and have the vehicle you are driving impounded.
Police-issued sanctions for driving without a licence end as soon as the driver acquires a valid B.C. driver’s licence – this is the easiest solution and does not require a review.
If you believe you should not have been identified as an unlicensed driver or that you have a reason to be exempt from the requirement to hold a valid B.C. driver’s licence (i.e., you have a valid licence from another province), you may submit your reasons in writing to the Superintendent of Motor Vehicles. An adjudicator will consider this submission and compare it with your driving record. The adjudicator’s review decision is sent to you once your application has been considered.
If, after the review, the adjudicator decides the prohibition is to be terminated, the adjudicator will inform you and let you know when any exemption will expire. The reinstatement fee that is payable when you re-apply for a B.C. driver’s licence is waived only if the out-of-province licence was produced at the time the prohibition was served.
If you are incorrectly identified as an unlicensed driver, this will be corrected on your record and you are not be required to pay the reinstatement fee. If a review is conducted and the prohibition is confirmed, you are advised that you remain prohibited from driving until you obtain a valid B.C. driver’s licence.
12-Hour Roadside Driving Suspension Issued to a GLP Driver – Impaired
There is no review process available for a 12-Hour Roadside Suspension issued by police to a Graduated Licensing Program (GLP) driver. If you disagree with the actions of police, you can lodge a complaint with the police detachment identified on the 'Notice' you were given by police.
If your driving prohibition was issued at the roadside as police believed you were driving impaired due to alcohol, you may request an administrative review by the Superintendent to have the prohibition removed from your driving record. A request for a review much be submitted to the Superintendent within seven days of the prohibition being issued.
There is no review process available for 24-Hour Roadside Prohibitions issued for drug impairment.
To request a review, you must complete an 'Application for Review of a 24-Hour Prohibition' form, available from any ICBC Driver Licensing Office. You will need the date and location where you were issued the prohibition by police and all relevant information to support your request to review the decision. There is a fee that must be paid when you submit your request – see Fees for Services
After you have submitted your request, you will receive (by mail or fax) a copy of the police officer's report concerning your 24-hour prohibition and the date set for the review. You may then submit further evidence in support of your submission, to the Superintendent, but it must be received before the set review date to be considered.
You have seven days from the date you received the Notice of Driving Prohibition to request the Office of the Superintendent of Motor to review the prohibition. The adjudicator can only consider these grounds during the review:
You were not the driver or in care or control of a motor vehicle;
You were not advised of your right to a second test on an approved screening device (ASD);
You requested a second test, but the officer did not perform the test;
Your second test was not performed on a different ASD;
The prohibition was not served on the basis of the lower ASD test result;
The result of the ASD test was not reliable;
The ASD, which formed the basis for the prohibition, did not register a WARN reading;
The ASD registered a WARN, but your blood alcohol content was less than 0.05 (50 milligrams of alcohol in 100 millilitres of blood);
The ASD, which formed the basis for the prohibition, did not register a FAIL reading;
The ASD registered a FAIL, but your blood alcohol content was less than 0.08 (80 milligrams of alcohol in 100 millilitres of blood);
You did not refuse or fail to comply with a demand to provide a breath sample, or you had a reasonable excuse for refusing or failing to comply with a demand; OR
You did not have the required number of previous WARN range prohibitions for a 7 or 30 day prohibition (in which case the Superintendent may reduce the length of the prohibition and related monetary penalties)
The hardship that may be caused by the loss of your driving privileges cannot be considered during a review.
To request a review you must complete an 'Application for Review of an Immediate Roadside Prohibition' form, available from any ICBC Driver Licensing Office. You will need to include the date and location where you were issued the prohibition by police and all relevant information to support your request to review the decision. There is a fee that must be paid when you submit your request – see Fees for Services. The fee differs depending on how you will present your case – written submissions can be provided for any immediate roadside prohibition or you may present your case by phone (oral) for any 30-day or 90-day prohibition on the date scheduled by the Superintendent's office.
Prior to the review you will receive a copy of police information the adjudicator will consider. You are given an opportunity to present further information to the adjudicator before the review is held. Important: even though you are going through a review process, you may not drive while the prohibition is in effect.
After the review the adjudicator will send you a written decision. In most cases, the decision will be sent within 21 days from the date you were served with the Notice of Driving Prohibition. The three possible decision outcomes are the driving prohibition:
The prohibition will be revoked (i.e., removed from your driving record) and you can apply for a new driver’s licence (the driver's licence reinstatement fee and any monetary penalties will be waived);
The length of the prohibition will be reduced;
Or, the prohibition is confirmed, unchanged.
Drivers dissatisfied with the outcome of their review may also make an application under the Judicial Review Procedure Act to have the decision reviewed by the Supreme Court.
The review process is the same as what is outlined above for 3-day, 7-day, 30-day and 90-day Immediate Roadside Prohibitions. The difference is that if you apply for a review, the ADP driving prohibition does not begin until the review is complete and finds the ADP stands as issued. When reviewing ADPs, the adjudicator can only consider the following:
you did not operate or have care or control of the vehicle;
you did not have a blood alcohol content greater than 0.08 within three hours;
you did not fail or refuse to comply with a demand for a breath or blood tests; or
you had reasonable excuse for failing or refusing to comply.
Review of a Prohibition Decision issued due to a Poor Driving Record
The Superintendent of Motor Vehicles can issue a driving prohibition if a review shows you have a poor driving record – this process of reviewing your driving record is part of the Driver Improvement Program. If this is the case for you, you will have received a ‘Notice of Intent to Prohibit’. If you wish to have the decision to prohibit you from driving reviewed, you have 21 days from the date of the ‘Notice of Intent to Prohibit’ – after which you will receive the final 'Notice Of Prohibition' that orders you to stop driving immediately and sets out the length of the prohibition.
You may request an administrative review of the decision (it is not a court process) even if you have been issued the final Notice of Prohibition and have begun to serve your driving prohibition. The driving prohibition remains in effect while the review is being conducted, so you may not drive.
The application form you must complete may be downloaded below:
. . . or you can pick on up from any ICBC Driver Licensing Office – Form MV2323 ' Driver Improvement Program Application for Review'. There is a fee to apply – see Fees for Services .
Along with the completed form and payment, you must include your written reasons as to why you think the driving prohibition should not have been issued or why the length of the prohibition should be shorter. The ICBC Driver Licensing Center will give you a copy of the review guidelines which outlines the full process. You will also receive a copy of any information the adjudicator will consider when reviewing your case, including information from the police, and you will be given the opportunity to provide additional evidence.
If review overturns the decision, the prohibition is revoked. This means the record is removed from your driving history. Drivers dissatisfied with the outcome of their review may also make an application under the Judicial Review Procedure Act to have the decision reviewed by the Supreme Court. You are responsible for the costs of the appeal.
If your medical fitness was assessed and you are not satisfied with the outcome of the decision, you may request a review of the decision (called an Administrative Justice Decision) that denied, cancelled or placed restrictions on your driver’s licence. Also, should your medical condition improve later, you may request a review of the decision.
There is no fee associated with requesting a review and the process of how to apply for a review is outlined in the documents you received with the Superintendent’s decision on your medical fitness.
You must be able to provide the Superintendent’s office with new medical information indicating an improvement in your condition.
An adjudicator or case manager will review your case and may need to request additional information from you and/or assessments.
At the conclusion of the review, the adjudicator or case manager will notify you in writing either confirming the original decision or advising of a different driver fitness decision.
Driver fitness reviews are final and binding, but are subject to judicial review. This means a court of law may be requested to rule on the appropriateness of the administrative justice decision. Drivers dissatisfied with the outcome of their review may also make an application under the Judicial Review Procedure Act to have the decision reviewed by the Supreme Court. You are responsible for the costs of the appeal.
Review of a Vehicle Impoundment and Early Release of the Vehicle
Whether you are the driver of an impounded vehicle or owner of the impounded vehicle, you have the right to request an administrative review of the impoundment if the period of impoundment is over seven days. There are instructions on how to apply for a review on the 'Notice of Impoundment' that was issued at the roadside.
To apply for a review, attend the nearest ICBC Driver Licensing Office to complete a Vehicle Impoundment Application for Review for and pay the review fee – see Fees for Services
When a review decision is made, you will receive the decision by regular mail. It will be sent to the address you provided on your review application. If your review results in the impoundment being lifted, the Superintendent's office will notify you and fax an 'order of release' to the impoundment lot. You may pick up your vehicle and pay the storage and towing fees that apply.
Stolen Vehicle: Police can authorize the release of the vehicle if they are satisfied it was stolen. The cost of towing and storage accrued to that point must be paid by the vehicle owner before the vehicle is released.
Unlicensed Driver: If your vehicle was impounded because you or the person operating it was unlicensed at the time, your vehicle can be released when you or the person who operated the vehicle is issued a new driver's licence. For driver licence information see ICBC. This option is not available if the driver was prohibited from driving at the time the vehicle was impounded.
Driving Prohibition and Impoundment: If police impounded your vehicle and also served you with a driving prohibition, and you have grounds to have the prohibition reviewed, you may request a review of the driving prohibition. Only the driver of the vehicle who received the driving prohibition by police may apply for the review. If successful, the vehicle will be immediately released and the towing and impound fees refunded.
Other Impoundable Offences: For example, impoundments not related to an impaired driving infraction, such as driving while prohibited or suspended; excessive speeding, racing or stunt driving; or failure to obey a driving restriction.
A request for a review can be made by the owner of the vehicle (who was not the driver receiving the impoundment sanction) on grounds of absence of consent to allow the driver to use the vehicle.
Early Release on Compassionate Grounds: An individual who holds a valid driver's licence and who cohabits with the owner of the vehicle who received the vehicle impoundment sanction may apply for early release on compassionate grounds (such as economic hardship) – the request for review must be submitted within 15 days of the date of the impoundment. Information on the review process is printed on the back of the Notice of Impoundment.
To request a Review, visit any ICBC Driver Licensing Office to fill out the appropriate form, make application and pay the required fees. ICBC will submit your review application and schedule any necessary hearings.
Reconsideration of a Referral to Remedial Programs
If you have been referred to the Responsible Driver Program (RDP) or the Ignition Interlock Program (IIP) you may seek a reconsideration of that decision. Within 21 days of the date of your referral letter, you may apply to the Superintendent for a reconsideration of your referral(s). To do so you must:
Attach to your application form any evidence and submissions that you wish the Superintendent to consider; and,
Mail or fax the reconsideration application form and written submission to the Office of the Superintendent of Motor Vehicles at:
The Office of the Superintendent of Motor Vehicles
PO BOX 9254 STN PROV GOVT
VICTORIA BC V8W 9J2
Facsimile: (250) 953-8639
You must ensure that all of the relevant information that you wish the Superintendent to consider is included with your application. The Superintendent will notify you in writing once your referral to remedial programs has been assessed and a decision is made.
Reconsideration applications submitted within 21 days of the date of your referral letter will result in a stay of your remedial program requirements until the reconsideration is concluded. Your request for reconsideration does not alter or affect any other licence cancellation, licence suspension or prohibition from driving that you may have.
Late Applications:
Submissions made after 21 days are considered late applications. Late applications will be considered by the Superintendent; however, your requirement to participate in remedial programs will not be stayed during the reconsideration process.
Penalty points are applied to the driving records of driving offenders upon court conviction of traffic violation tickets. If you disagree with a violation ticket and/or the attached fine, you must dispute your ticket within 30 days, otherwise the courts will deem you guilty, you will owe the fine, and penalty points will be applied accordingly. The process is started by personally registering your dispute at any ICBC Driver Licensing Office or by mail. Go to Disputing a Traffic Violation Ticket page of ICBC’s website for more information on this process.
Appeal an ICBC Decision to Deny, Cancel, Restrict or Suspend a Driver's Licence
If ICBC denies issuing you a driver’s licence, or cancels or restricts your licence . . .
You will receive a formal Record of Decision by outlining why the proposed action is being taken. You may appeal on any grounds, such as: errors of fact, irrelevant factors, relevant information was not considered, personal hardship (employment, education, medical, economic) by applying to the Superintendent of Motor Vehicles.
An appeal is started by scheduling a hearing at any ICBC Driver Licensing Office by completing a “Driver's Licence Refusal/Restriction Application for Appeal” form and paying the fee (see Fees for Services ). You will be contacted to confirm the details of your hearing, including what will be considered by the adjudicator (testimony, evidence, documents, etc.)
The Superintendent will confirm, vary or rescind the decision(s) made by ICBC. If your appeal is unsuccessful, you will receive a formal Record of Decision from the ICBC Driver Licensing Office outlining why the proposed action will be taken.
Attend a Show Cause Hearing Upon Notice of an ICBC Proposal to Suspend or Cancel a Designation Licence or Certificate
You may wish to 'show cause' why the proposed action should not be taken. Show cause hearings are held in only for special-case scenarios involving a business (driving school or automotive repair facility) or certain individuals (driving trainer’s instructor or AirCare repair centre technician).
You will need to schedule a hearing by applying at any ICBC Driver Licensing Office and paying the prescribed Show Cause Hearing fee – see Fees for Services . When the show cause hearing is scheduled, you will be notified with confirmation of the details for the hearing including what materials can be considered by the adjudicator (testimony, evidence, documents).
The Superintendent will confirm, vary or rescind the decision(s) made by ICBC. If your appeal is unsuccessful, you will receive a formal Record of Decision from the ICBC Driver Licensing Office outlining why the proposed action will be taken.
For more information about Show Cause Hearings see the following documents:
Appeal to the Supreme Court for Judicial Review of an Administrative Decision
Administrative justice decisions made by or on behalf of the Superintendent are final, but subject to judicial review.
If you disagree with the decision or outcome of an administrative review or hearing listed above you may file an appeal with the B.C. Supreme Court. A judge cannot overturn an administrative decision, but can instruct the Superintendent to conduct a new review/hearing with a new adjudicator.
Drivers making these Appeals are responsible for their own court costs. For information on how to appeal to the Supreme court go to www.supremecourtbc.ca
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