2010 BC Guide in Determining Fitness to Drive

Chapter 2: The Driver Fitness Program2.1 The legal and policy authority for the Driver Fitness ProgramThe Motor Vehicle Act [RSBC 1996] Chapter 318The Motor Vehicle Act (MVA) provides the statutory authority for theDriver Fitness Program.Section 25 describes the statutory requirements regarding the applicationfor and issuance of a driver’s licence. It sets out the authority of theSuperintendent to determine that applicants for various classes of driver’slicences are able and fit to drive safely and to require an individual to beexamined as to their fitness and ability to drive. It also authorizes theSuperintendent to impose restrictions and conditions. Relevant portions ofsection 25 are reproduced in Appendix 2.Section 29 extends the authority of the Superintendent to determinewhether holders (post-licence) of various classes of driver’s licences areable and fit to drive safely and authorizes the Superintendent to require aholder to be examined as to their fitness and ability to drive. The full textof section 29 is in Appendix 2.Section 92 authorizes the Superintendent to direct the InsuranceCorporation of British Columbia (ICBC) to cancel any class of driver’slicence, cancel and issue a different class of driver’s licence or prohibit adriver if the driver has a medical condition affecting fitness and ability todrive. It also authorizes the Superintendent to direct ICBC to cancel adriver’s licence if the driver does not submit to an exam theSuperintendent has required to assess fitness and ability to drive safely.The full text of section 92 is in Appendix 2.The relationship between the MVA and OSMV driver fitnesspolicyPolicy plays an important role in the work of a regulatory body. Tounderstand this role, OSMV decision-makers need to be familiar with therelationship between the MVA and OSMV policy.LegislationThe primary statement of law is written in legislation. Legislationprovides ‘rules’ that must be followed without exception or the exercise ofdiscretion. Because legislation sets out ‘rules,’ it is broadly written. The5