Administrative Driving Prohibitions (ADP) - 90-day

Review of 90-day Administrative Driving Prohibitions (ADPs)

You have seven days from the date you received the Notice of Driving Prohibition to request RoadSafetyBC to review the prohibition.

Filing an application for a review does not stay the driving prohibition.

The hardship that may be caused by the loss of your driving privileges cannot be considered during a review.

ADP Review Grounds

 

Alcohol-affected Driving

Operation of a motor vehicle with a Blood Alcohol Concentration (BAC) equal to or exceeding 80 mg of alcohol in 100 mL of blood
(Motor Vehicle Act s.94.1 (1) (a))

The adjudicator can only consider the following grounds during the review:

  • You did not operate the motor vehicle
  • You did not have a blood alcohol concentration equal to or exceeding 0.08 (80 milligrams of alcohol in 100 millilitres of blood) within two hours after ceasing to operate a motor vehicle
  • The concentration of alcohol in your blood was equal to or exceeding 0.08 because:
    • You consumed alcohol after ceasing to operate the motor vehicle;
    • After ceasing to operate the motor vehicle, you had no reasonable expectation that you would be required to provide a sample of breath or blood; and
    • Your alcohol consumption was consistent with your blood alcohol concentration as determined by the analysis of your breath or blood and with having a blood alcohol concentration of less than 0.08 at the time of operation of the motor vehicle

Operation of a motor vehicle with a Blood Drug Concentration (BDC) equal to or exceeding the prescribed limit:

(Motor Vehicle Act s.94.1 (1) (a.1))

The adjudicator can only consider the following grounds during the review:

  • You did not operate the motor vehicle
  • You did not operate a motor vehicle with a blood drug concentration equal to or exceeding the limits prescribed in the regulation.
  • The concentration of a drug in your blood was equal to or exceeding the prescribed limit because:
    • You consumed the drug after ceasing to operate the motor vehicle; and
    • After ceasing to operate the motor vehicle, you had no reasonable expectation that you would be required to provide a sample of blood a bodily substance

Operation of a motor vehicle with a combined Blood Drug Concentration (BDC) and/ Blood Alcohol Concentration (BAC) equal to or exceeding the prescribed limit:

(Motor Vehicle Act s.94.1 (1) (a.2))

The adjudicator can only consider the following grounds during the review:

  • You did not operate the motor vehicle
  • You did not have a combined Blood Drug Concentration (BDC) and/ Blood Alcohol Concentration (BAC) equal to or exceeding the 50mg of alcohol in 100 mL of blood and 2.5 ng of THC per mL of blood
  • The concentration of alcohol in your blood was equal to or exceeding 50 mg of alcohol in 100 mL of blood because:
    • You consumed alcohol after ceasing to operate the motor vehicle;
    • After ceasing to operate the motor vehicle, you had no reasonable expectation that you would be required to provide a sample of blood or breath; and
    • Your alcohol consumption was consistent with your blood alcohol concentration as determined by the analysis of your breath or blood and with having a blood alcohol concentration of less than 50 mg of alcohol in 100 mL of blood at the time of operation of the motor vehicle

(Motor Vehicle Act s.94.1 (1) (a.3))

The adjudicator can only consider the following grounds during the review:

  • You did not operate the motor vehicle
  • Your evaluation was not conducted by an evaluating officer
  • The evaluating officer did not comply with the prescribed requirements
  • You were not impaired by a drug and/or alcohol AND the results of the evaluation were due to your medical condition
  • You consumed one or more of the types of drugs identified by the evaluating officer as impairing your ability to operate, after ceasing to operate the motor vehicle; AND after ceasing to operate the motor vehicle, you had no reasonable expectation that you would be required to provide a sample of a bodily substance

The adjudicator can only consider the following grounds during the review:

  • You did not fail or refuse to comply with a demand under the Criminal Code
  • You had a reasonable excuse for failing or refusing to comply

 

To Request a Review

You must complete an 'Application for Review of an Administrative Driving Prohibition' form, available from any ICBC Driver Licensing Office.

You need to include

  • The ADP file number
  • Contact information for the review
  • All relevant information to support your request to review the decision
  • The fee

Before the review

  • You receive a copy of the police information the adjudicator considers
  • You are given an opportunity to present further information to the adjudicator before the review is held

After the review

  • The adjudicator sends you a written decision
    • In most cases, the decision is sent within 21 days from the date you were served with the Notice of Driving Prohibition

Decision Outcomes

The two possible decision outcomes are:

  1. The prohibition is 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 are waived
  2. The prohibition is confirmed (i.e. remains on you driving record)

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.

If you have missed the seven-day window for your ADP review, read the Administrative Driving Prohibition Late Review .