Government Giving ICBC Power To Increase Premiums Based on "Driver Assessment Point System"

Remember the political fallout several months back when ICBC proposed to increase insurance premiums based on a single driving violation?  The Government called ICBC’s proposal “unfair” and “not appropriate”.  Something must have changed since then because the Government has now introduced a Bill to give ICBC the power to levy “additional premiums” that ICBC considers appropriate based on driving point penalties.
In the whirlwind of new Government legislation recently introduced, Bill 52 received second reading this week.  This legislation seeks to drastically overhaul BC’s motor vehicle offense ticketing dispute system by taking these matters away from our Courts and instead creating administrative tribunals to process disputes.
In addition to the above, the Bill seeks to amend Section 34 of the Insurance (Vehicle) Act as follows:

13 Section 34 (1.1) is amended

(a) by adding the following paragraphs:

(d.1) adopt or establish a driver assessment point system classifying drivers according to the number, nature and kind of contraventions of driving enactments under the Motor Vehicle Act;

(d.2) in respect of a driver assessment point system adopted or established in accordance with paragraph (d.1), adopting or establishing a method by which point penalties may be converted or compared to driver assessment points for the purposes of assessing and levying basic or additional premiums under the plan against drivers at the times and under the terms and conditions the corporation considers appropriate; , and

(b) by repealing paragraph (e) and substituting the following:

(e) according to any system of classifying drivers adopted under paragraph (c), a point penalty system adopted or established under paragraph (d) or a driver assessment point system adopted or established under paragraph (d.1), assess and levy basic or additional premiums under the plan against drivers at the times and under the terms and conditions the corporation considers appropriate.

In short, this law will give ICBC the power to increase premiums  “under the terms and conditions (ICBC) considers appropriate“.  This legislation leaves no checks and balances to ensure that what the Government recently called unfair does not become the law of the land.

While the Bill’s goal of freeing up police and judicial resources is worthwhile, the devil’s in the details.  As a practical matter this is what the Bill will accomplish:

1.  If a “driving enforcement officer” (ie – a police officer) doesn’t like your driving you receive a “driving notice” (ie – a ticket)

2.  You lose your right to judicial challenge, instead you are now called a “disputant” and must place your challenge with a newly minted “Driving Notice Review Board“.  Of note, you won’t have the right to cross-examine your accuser at your “resolution conference“.

3.  If/when you lose your dispute before the Board you are issued a “monetary penalty

4.  If you cant afford to pay the penalty ICBC can refuse to issue you a licence

5.  Last but not least ICBC will issue you “point penalties” and you will then pay higher insurance premiums based on whatever system ICBC develops.

This overhaul will likely bring constitutional scrutiny since the Canadian Charter of Rights and Freedoms is No Trifling Matter.  As MLA Sather quipped on the floor on the Legislature this week “I wasn’t aware that ICBC had that kind of power”.

Bill 52, ICBC insurance premiums

Comments (54)

  • Thank you a bunch for sharing this with all people you actually recognize what you’re speaking approximately! Bookmarked. Please also discuss with my website =). We may have a link trade agreement among us!

  • An interesting discussion is worth comment. I think that it’s best to write more on this matter, it might not be a taboo subject however usually individuals are not sufficient to talk on such topics. To the next. Cheers

  • Thank you, I have just been looking for information about this subject for a while and yours is the greatest I’ve found out till now. But, what in regards to the bottom line? Are you positive in regards to the supply?

  • I’m also commenting to let you understand what a brilliant experience my wife’s girl experienced reading through the blog. She picked up several issues, with the inclusion of how it is like to have an awesome giving heart to let the mediocre ones effortlessly fully grasp a variety of complicated subject areas. You undoubtedly surpassed her expected results. Many thanks for offering such invaluable, trustworthy, explanatory and even unique tips about this topic to Gloria.

  • Excellent goods from you, man. I’ve understand your stuff previous to and you are just extremely great. I really like what you’ve acquired here, certainly like what you are saying and the way in which you say it. You make it enjoyable and you still care for to keep it smart. I can not wait to read far more from you. This is really a terrific site.

  • I simply could not leave your site prior to suggesting that I really enjoyed the usual info an individual provide in your guests? Is going to be again regularly to check up on new posts.

  • hello there and thank you for your information – I have definitely picked up something new from right here. I did however expertise some technical points using this website, since I experienced to reload the web site lots of times previous to I could get it to load properly. I had been wondering if your hosting is OK? Not that I am complaining, but slow loading instances times will sometimes affect your placement in google and can damage your quality score if advertising and marketing with Adwords. Well I am adding this RSS to my e-mail and can look out for much more of your respective exciting content. Make sure you update this again very soon..

  • I have discovered some new points from your web-site about desktops. Another thing I’ve always assumed is that computer systems have become a specific thing that each house must have for several reasons. They supply you with convenient ways in which to organize homes, pay bills, search for information, study, hear music and also watch tv shows. An innovative technique to complete all of these tasks is with a notebook computer. These computer systems are mobile, small, powerful and convenient.

  • Magnificent items from you, man. I have keep in mind your stuff prior to and you’re simply extremely fantastic. I actually like what you’ve bought here, certainly like what you’re stating and the way in which during which you assert it. You are making it entertaining and you still take care of to keep it smart. I can not wait to read far more from you. That is actually a great web site.

  • Thanks a lot for sharing this with all of us you really know what you’re talking about! Bookmarked. Please also visit my web site =). We could have a link exchange contract between us!

  • I have been absent for a while, but now I remember why I used to love this website. Thanks , I’ll try and check back more frequently. How frequently you update your site?

  • Excellent beat ! I would like to apprentice while you amend your site, how could i subscribe for a blog website? The account helped me a applicable deal. I have been tiny bit familiar of this your broadcast provided bright clear idea

  • We’re a group of volunteers and starting a brand new scheme in our community. Your web site offered us with useful info to work on. You’ve performed an impressive job and our whole group can be grateful to you.

  • It’s a pity you don’t have a donate button! I’d without a doubt donate to this excellent blog! I suppose for now i’ll settle for book-marking and adding your RSS feed to my Google account. I look forward to brand new updates and will share this website with my Facebook group. Talk soon!

  • Hello very cool web site!! Man .. Excellent .. Superb .. I’ll bookmark your site and take the feeds also…I’m happy to search out a lot of helpful information right here within the put up, we need develop extra strategies on this regard, thank you for sharing.

  • Hi, I think your blog might be having browser compatibility issues. When I look at your blog in Ie, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, wonderful blog!

  • What i do not realize is actually how you are not really much more well-liked than you may be now. You are very intelligent. You realize thus considerably relating to this subject, made me personally consider it from a lot of varied angles. Its like women and men aren’t fascinated unless it is one thing to do with Lady gaga! Your own stuffs excellent. Always maintain it up!

  • Can I simply say what a aid to find someone who truly knows what theyre talking about on the internet. You undoubtedly know tips on how to bring an issue to mild and make it important. Extra individuals have to read this and perceive this aspect of the story. I cant imagine youre not more widespread since you positively have the gift.

  • Thanks for your submission. I also think that laptop computers have become more and more popular today, and now are sometimes the only type of computer employed in a household. This is because at the same time they are becoming more and more reasonably priced, their working power keeps growing to the point where there’re as potent as desktop computers coming from just a few years back.

  • Good ¡V I should certainly pronounce, impressed with your web site. I had no trouble navigating through all the tabs and related info ended up being truly easy to do to access. I recently found what I hoped for before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or anything, web site theme . a tones way for your client to communicate. Nice task..

  • One more thing I would like to convey is that in lieu of trying to fit all your online degree classes on days that you finish work (because most people are fatigued when they return), try to find most of your classes on the week-ends and only a few courses in weekdays, even if it means a little time off your saturdays. This is really good because on the weekends, you will be far more rested plus concentrated in school work. Thanks for the different recommendations I have acquired from your blog.

  • I’ll immediately grasp your rss as I can not find your email subscription link or newsletter service. Do you’ve any? Please allow me know so that I may subscribe. Thanks.

  • Furthermore, i believe that mesothelioma is a uncommon form of cancer malignancy that is usually found in those previously familiar with asbestos. Cancerous cellular material form in the mesothelium, which is a safety lining which covers a lot of the body’s body organs. These cells normally form inside the lining of your lungs, belly, or the sac which actually encircles the heart. Thanks for giving your ideas.

  • you are actually a good webmaster. The web site loading pace is incredible. It kind of feels that you are doing any unique trick. Also, The contents are masterwork. you’ve performed a wonderful process in this topic!

  • Aw, this was a very nice post. In concept I want to put in writing like this moreover – taking time and actual effort to make a very good article… but what can I say… I procrastinate alot and on no account seem to get one thing done.

  • Hiya, I’m really glad I’ve found this info. Nowadays bloggers publish only about gossips and internet and this is actually irritating. A good blog with exciting content, this is what I need. Thank you for keeping this website, I’ll be visiting it. Do you do newsletters? Can’t find it.

  • Wow, fantastic blog layout! How long have you been blogging for? you made blogging look easy. The overall look of your site is wonderful, let alone the content!

  • You really make it appear so easy along with your presentation however I to find this topic to be really something that I think I would never understand. It kind of feels too complex and very broad for me. I’m taking a look ahead to your next publish, I¡¦ll attempt to get the hang of it!

  • Greetings! This is my first visit to your blog! We are a collection of volunteers and starting a new initiative in a community in the same niche. Your blog provided us useful information to work on. You have done a outstanding job!

  • We’re a group of volunteers and opening a new scheme in our community. Your website offered us with valuable info to work on. You’ve done an impressive job and our entire community will be thankful to you.

  • Nice blog! Is your theme custom made or did you download it from somewhere? A design like yours with a few simple tweeks would really make my blog shine. Please let me know where you got your design. Thanks

  • Wonderful work! This is the type of information that should be shared around the internet. Shame on the search engines for not positioning this post higher! Come on over and visit my website . Thanks =)

  • Attractive section of content. I just stumbled upon your blog and in accession capital to assert that I acquire in fact enjoyed account your blog posts. Anyway I’ll be subscribing to your feeds and even I achievement you access consistently quickly.

  • I¡¦ll right away grasp your rss as I can’t find your e-mail subscription hyperlink or newsletter service. Do you’ve any? Kindly allow me recognize so that I may subscribe. Thanks.

  • A person essentially assist to make seriously posts I would state. That is the first time I frequented your website page and so far? I surprised with the research you made to make this particular post amazing. Great activity!

  • My brother suggested I would possibly like this blog. He was entirely right. This publish actually made my day. You can not imagine just how so much time I had spent for this information! Thanks!

  • Great – I should certainly pronounce, impressed with your website. I had no trouble navigating through all the tabs as well as related info ended up being truly easy to do to access. I recently found what I hoped for before you know it in the least. Reasonably unusual. Is likely to appreciate it for those who add forums or anything, site theme . a tones way for your customer to communicate. Nice task.

  • Hello there! This post couldn’t be written any better! Reading this post reminds me of my previous room mate! He always kept talking about this. I will forward this page to him. Pretty sure he will have a good read. Thank you for sharing!

  • I have observed that in the world nowadays, video games will be the latest fad with children of all ages. There are times when it may be difficult to drag your family away from the games. If you want the very best of both worlds, there are numerous educational gaming activities for kids. Interesting post.

  • My partner and I absolutely love your blog and find the majority of your post’s to be precisely what I’m looking for. Do you offer guest writers to write content in your case? I wouldn’t mind writing a post or elaborating on most of the subjects you write concerning here. Again, awesome web log!

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer