Motor Vehicle Act Regulations

26/58 O.C. 1004/58 Motor Vehicle Act Motor Vehicle Act Regulations [Last amended April 20, 2026 by B.C. Reg. 59/2026] 26_58_pit 43 Administrative and Immediate Roadside Driving Prohibitions and Vehicle Impoundment Programs Prescribed blood drug concentrations and blood alcohol concentrations 43.001 1 In this section, BDCR means the Blood Drug Concentration Regulations (Canada). 2 For the purposes of sections 94.1 (1) (a.1) and 94.6 (1) (a.1) and (2) (a.1) (i) of the Act, the prescribed blood drug concentration for a drug set out in column 1 of the table in section 2 of the BDCR is set out opposite in column 2 of that table. 3 For the purposes of sections 94.1 (1) (a.2) and 94.6 (1) (a.2) and (2) (a.2) (i) and (ii) (C) of the Act, the prescribed blood alcohol concentration and prescribed blood drug concentration for tetrahydrocannabinol (THC) are set out in section 3 of the BDCR. [en. B.C. Reg. 125/2019, App., s. 1.] Prescribed requirements 43.002 For the purposes of section 94.6 (1) (a.3) (ii) and (2) (a.3) (ii) of the Act, an evaluating officer who conducts an evaluation of a person under section 320.28 (2) (a) of the Criminal Code must a during the evaluation of the person, conduct the tests and follow the procedures set out in section 3 of the Evaluation of Impaired Operation (Drugs and Alcohol) Regulations (Canada), and b prepare a written narrative respecting the evaluation of the person. [en. B.C. Reg. 125/2019, App., s. 1.] Prescribed documents or information 43.003 For the purposes of section 94.3 (b) (iii) of the Act, the following documents and information are prescribed: a a written narrative, completed by the peace officer whose opinion resulted in the notice of driving prohibition being served on the person, respecting the circumstances that resulted in the notice of driving prohibition being served on the person; b in the case of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a.1) of the Act, the results of the analysis of the blood of the person that resulted in the notice of driving prohibition being served on the person; c in the case of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a.2) of the Act, the results of the analysis of the breath or blood, or both, of the person that resulted in the notice of driving prohibition being served on the person; d in the case of a driving prohibition resulting from the circumstances described in section 94.1 (1) (a.3) of the Act, i information showing that the evaluation of the person was conducted by an evaluating officer, ii the results of the analysis of the bodily substance of the person that resulted in the notice of driving prohibition being served on the person, iii the results of the tests and procedures referred to in section 43.002 (a) of this regulation respecting the evaluation of the person, and iv a copy of the narrative referred to in section 43.002 (b) of this regulation respecting the evaluation of the person. [en. B.C. Reg. 125/2019, App., s. 1.] Notice of driving prohibition 43.01 1 The prescribed notice of driving prohibition for the purpose of section 94.1 (3) of the Act is set out in Form 1. 2 The prescribed notice of driving prohibition for the purpose of section 215.41 (6) of the Act is set out in Form 7. [en. B.C. Reg. 160/97; am. B.C. Reg. 238/2010, Sch., s. 1.] Repealed 43.02- 43.07 Repealed. [B.C. Reg. 238/2010, Sch., s. 2.] Fees 43.08 1 The prescribed hearing fee for review of a driving prohibition under section 94.4 (1) (b) (ii) or 215.48 (1) (b) of the Act is $100. 2 The prescribed fee for an oral hearing under section 94.4 (5) (b) or 215.48 (5) (b) (ii) of the Act is $200. 3 Repealed. [B.C. Reg. 238/2010, Sch., s. 3 (c).] 4 The prescribed hearing fee for the purposes of sections 256 (1) (b) and 259 (1) (b) of the Act is $50. 5 The prescribed hearing fee for the purposes of sections 256 (5) (b), 262 (2) (c) and 263 (3) (c) of the Act is $100. 6) and (7 Repealed. [B.C. Reg. 238/2010, Sch., s. 3 (c).] 8 The prescribed vehicle release fee for release of a motor vehicle on economic hardship grounds under section 262 (4) (b) of the Act is $450. 9 Repealed. [B.C. Reg. 238/2010, Sch., s. 3 (c).] 10 The prescribed vehicle release fee for the release of a motor vehicle on compassionate grounds under section 263 (4) (b) of the Act is $100. [en. B.C. Reg. 160/97; am. B.C. Regs. 165/2002; 238/2010, Sch., s. 3.] Monetary penalties — automatic roadside driving prohibitions 43.09 The following monetary penalties are prescribed for the purpose of section 215.44 (1) of the Act: a in the case of a 3-day driving prohibition, $200; b in the case of a 7-day driving prohibition, $300; c in the case of a 30-day driving prohibition, $400; d in the case of a 90-day driving prohibition, $500. [en. B.C. Reg. 238/2010, Sch., s. 4.] Prescribed requirements for statements and evidence 43.10 1 For the purposes of sections 94.4 (3), 94.5 (1) (a), 215.48 (3) and 215.49 (1) (a) of the Act, the following requirements are prescribed for statements attached to an application for review under section 94.4 or 215.48: a the statement must be in writing; b the statement must be submitted on pages with a maximum dimension of 21.59 cm by 27.94 cm or 8.5 in. by 11 in.; c the statement must not exceed 30 pages in total; d if typewritten, the statement must i be in Times New Roman, Arial or any other similar font that is at least 11 points in size, ii have margins of at least 2.50 cm or 0.98 in., and iii have lines that are, at a minimum, single-spaced; e whether handwritten or typewritten, the statement must be legible. 2 If an applicant for a review under section 94.4 or 215.48 of the Act wishes the superintendent to consider evidence as well as a statement, subject to subsection (3), the statement must be submitted in a manner that is segregated from the evidence. 3 Subsection (2) does not apply if the statement and evidence, combined, are 30 or fewer pages in total. 4 For certainty, the page limit under subsection (1) (c) does not apply to any evidence attached to the application for review. [en. B.C. Reg. 229/2024, Sch., s. 2.] Form 1 [en. B.C. Reg. 125/2019, App., s. 2.] [section 43.01 (1)] Notice of Driving Prohibition Forms 2 to 6 Repealed. [B.C. Reg. 238/2010, Sch., s. 2.] Form 7 [en. B.C. Reg. 119/2012.] [section 43.01 (2)] Notice of Prohibition Immediate Roadside Prohibition Contents 26_58_00 Division 1-4 26_58_01 Division 5 26_58_02 Division 6 26_58_03 Division 7-9 26_58_04 Division 10-18 26_58_05 Division 19-23 26_58_06 Division 24-25 26_58_07 Division 26-28 26_58_08 Division 29 26_58_09 Division 30-34 26_58_10 Division 35-36 26_58_11 Division 37-40 26_58_12 Division 40A-42 26_58_13 Division 43 26_58_14 Division 44-47 26_58_15 Division 48 26_58_16