Seizure of out-of-province driver license on my 73rd day in BC

[steaky]

According to section 34 of the Motor Vehicle Act, new British Columbians can drive on their valid out-of-province driver's license up to 90 days.

But on the 73rd day being a new British Columbian, a police officer gave me a violation ticket under section 24(1) Drive without valid License and seized my out-of-province driver license.  I already explained to the police officer about my situation but he didn't bother/listen.

I did nothing wrong and I haven't apply my BC Driver License yet is because I don't have any valid identifications ICBC requires.   CIC is sending the doc to me but I still haven't received it.  From my B4E (with CBSA stamped), it clearly indicated the date I returned to Canada to resume residence.

What I can do?  Should I attract media attention?

[toby]

You might go to the police station and complain to the desk sergeant.  Take a printout of Section 34, a copy (if you have one) of your out-of-province licence, and your passport showing the date you entered Canada. The ticket should identify the station where the police officer works.

It's too bad little functionaries like the police officer can mess up your day like that

[steaky]

No, the ticket only show the address of the ICBC office (hardly readable).  Thanks to google, I am able to locate.  That's where I'm going next for visit (as suggested by my lawyer).  Thanks for advise though, I will bring a printout of section 34, a copy of my out-of-province license, and my passport.  BTW, my passport did not show the date I entered Canada but I have the boarding pass.

I hope I can get back my driver license and ICBC can agree I use other identification for application of a BC Driver License and grant me additional grace periods.

If this doesn't work out for me, then I would consider to exercise my right in the Canadian Charter of Rights and Freedom.

[steaky]

I worried if I go to the police station, they will make up excuses that they seize my personal belongings again.  I actually phone the police station and talk to the desk sergeant.  I told him the case and section 34, but he said the officer could not read my driver license and I need to carry some kind of translation or International driving permit in order to be allow driving in BC.  Since I don't have IDP, I was told to pay the ticket.

The experience is so unfair.  The act and the ICBC learning guide doesn't say new residents and visitors of Canada must have both IDP and out-of-province driver license in order to drive!

[toby]

I worried if I go to the police station, they will make up excuses that they seize my personal belongings again.  I actually phone the police station and talk to the desk sergeant.  I told him the case and section 34, but he said the officer could not read my driver license and I need to carry some kind of translation or International driving permit in order to be allow driving in BC.  Since I don't have IDP, I was told to pay the ticket.

The experience is so unfair.  The act and the ICBC learning guide doesn't say new residents and visitors of Canada must have both IDP and out-of-province driver license in order to drive!

I sympathize with you!  Bureaucratic efficiency can sometimes morph into bureaucratic control (and even bullying). Sometimes you just pay the fine and learn from bitter experience.

The lesson here:  make sure you have an International Driver's Licence. 
But what if you can't get one? My Chinese wife says they cannot be obtained in China.  In that case, I suppose an official translation of her Chinese driver's licence would suffice?   

[steaky]

That's my point of posting my experience here.  So that other immigrants and returning Canadians in this forum can be prepared for the worst!

Actually, according to my lawyer's interpretation of the act, you don't need an International Driver License.  IDP is not a License, just a translation of your driver license at home.  It would be that offence the other way around, carrying your IDP but not carrying your actual driver's license.  

So I sometimes wondered, we, taxpayers paid under qualified police officers to do the enforcement?

[links18]

If its not legal, go to court and fight the ticket.