If My Licence Is Suspended in One Province, Can I Drive in Another?

If your licence is suspended in one province, you are usually not allowed to drive in another province. Many drivers assume a provincial suspension stops at the border. Many people search the question, “If my licence is suspended in one province, can I drive in another?” because they think the answer might be yes. In most cases, if you drive while suspended elsewhere, you will be driving without a valid licence in the new province. You may also create serious insurance consequences for yourself.

This issue often arises with drivers from Alberta and Ontario. Alberta drivers frequently travel to British Columbia because of proximity. Ontario has the largest population in Canada and many Ontario residents visit British Columbia for work or vacation. The same analysis applies to drivers from any province or territory.

Driving in British Columbia with an Out of Province Suspension

British Columbia enforces its own Motor Vehicle Act.

Section 24 of the Act makes it an offence to drive a motor vehicle on a highway unless you hold a valid driver’s licence.

If your home province has suspended your licence for demerit points, unpaid fines, an administrative roadside suspension, or similar provincial reasons, your licence is not valid. The plastic card in your wallet does not determine validity. The legal status of your driving privilege determines validity.

A police officer in British Columbia will typically run your licence through the national database during a traffic stop. If the system shows your licence status as suspended, the officer can issue you a violation ticket under section 24 for driving without a valid licence.

Driving without a valid licence is a provincial offence. Driving While Prohibited under section 95 is also a provincial offence, but it applies only if you are formally prohibited from driving in British Columbia. The difference turns on whether British Columbia has issued its own prohibition against you.

When Does It Become Driving While Prohibited in British Columbia?

An out of province suspension does not automatically become a British Columbia prohibition.

You commit the offence of Driving While Prohibited under section 95 only if you are prohibited from driving in British Columbia by a court or by the Superintendent of Motor Vehicles.

The Superintendent can issue a Notice of Driving Prohibition in certain circumstances. That can occur after repeated unlicensed driving or where British Columbia determines that your driving status warrants a prohibition in this province.

If you are served with a British Columbia prohibition and you drive after that, you commit the offence under section 95. That offence carries more serious penalties, including the possibility of jail and vehicle impoundment.

If ICBC or the Superintendent learns that you are living in British Columbia while licensed and suspended in another province, they may issue an indefinite driving prohibition in British Columbia. That information often reaches them through a police officer. You may not be aware of the prohibition if the Superintendent does not have a current address for you. If you continue to drive after that prohibition takes effect, you expose yourself to a Driving While Prohibited charge.

Criminal Code Driving Prohibitions Apply Across Canada

A Criminal Code driving prohibition is different from a provincial administrative suspension.

When a court imposes a driving prohibition under section 320.24 of the Criminal Code following an impaired driving conviction or another Criminal Code offence, that prohibition applies across Canada.

Section 320.18 of the Criminal Code makes it an offence to operate a motor vehicle while prohibited. If a court in Alberta prohibits you from driving as part of a criminal sentence and you drive in British Columbia during that prohibition period, you commit a criminal offence.

A provincial suspension for demerit points or unpaid fines does not create a nationwide criminal prohibition. A court imposed Criminal Code prohibition does.

Insurance Consequences for Driving While Suspended

Automobile insurance policies are contracts. If you breach a condition of the contract, the insurer does not have to provide coverage to you.

Most automobile policies require that the driver be authorized by law to drive. If your licence is suspended, you are not authorized by law to drive. Driving without a valid licence will usually breach a condition of the insurance contract.

If you cause a collision while suspended, the insurer may deny coverage for your losses. The insurer may still compensate innocent third parties as required by statute. The insurer can then seek recovery from you personally for the amounts it paid.

That means you can be sued directly for property damage and personal injury compensation. Serious injury claims can involve very large sums.

Having the Licence Card Does Not Make It Valid

You may still have the physical licence card in your possession while you are suspended. The licence belongs to the government. Your possession of the card does not create a legal right to drive.

You may be suspended or prohibited while still carrying the card in your wallet. The card does not restore your driving privilege.

Rental Vehicles and Vacation Drivers

Many people go on vacation while suspended and assume they will be able to rent a car. Some decide to attempt to rent a vehicle despite the suspension.

Two contracts apply when you rent a vehicle. The first is the rental agreement. The second is the insurance policy that covers the vehicle.

If you rent a brand new vehicle while your licence is suspended and you crash it, you may be personally responsible for the cost of the vehicle. If you strike a post or other property, you may be responsible for repairing that property. If you collide with another vehicle and injure someone, you may be responsible for compensating them for their injuries and paying the full value of their vehicle if it is destroyed.

If you seriously injure someone, the compensation can be substantial. You may face long term financial consequences.

The fact that a rental company gives you the keys does not make your suspended licence valid.

Don’t Play Games With Your Driving Privileges

Governments at all levels have been thinking about this for decades. Legislatures understand that people will look for ways to drive even if they are suspended or prohibited. They have drafted laws and created administrative systems to deal with that conduct.

If you have a driving prohibition, contact a lawyer.

For decades we have helped people restore their driving privileges. Contact us now and we will review your situation and determine the proper steps to get you back on the road legally.