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November 9, 2009 Your opinion matters... Find Out What's New... |
Home > Resources > Information & Forms > Driver's Licence Withholding
What is "driver's licence withholding"? As soon as a maintenance order or agreement is filed with the Family Maintenance Enforcement Program (FMEP), we are responsible under the Family Maintenance Enforcement Act for monitoring and enforcing that order. That means we have the authority to take certain actions to make sure the person who is supposed to pay maintenance (called the payor) makes his or her maintenance payments in full and on time. One of those actions may be to instruct the Insurance Corporation of British Columbia (ICBC) to refuse to issue a new driver's licence or to renew a current driver's licence for any payor who is more than $3,000.00 behind in maintenance payments.
Does this apply to all payors with over $3,000.00 in arrears? No. Withholding a payor's driver's licence is a serious step, and we will take that step after we have tried unsuccessfully to collect the maintenance in other ways. If administrative enforcement does not work, and the payor still does not pay the arrears or contact us to work out a reasonable payment plan and the payor owes more than $3,000.00 in maintenance we will consider withholding the payor's driver's licence.
Will the payor be notified before the withhold goes in place? Yes. We will attempt to send each payor a notice before we instruct ICBC to withhold his or her driver's licence. The payor will have the opportunity either to pay the arrears or to make arrangements for paying them over time in addition to making regular maintenance payments.
How long will the withhold stay in place? The withhold will stay in place as long as the payor's maintenance order or agreement is filed with the FMEP, or until the payor arranges to pay the arrears (we may also require a deposit as security for future payments), or we decide to withdraw the withhold based on a review of the payor's case.
Can the payor request a review of the withhold? Yes. A payor may ask us to review the case if the payor believes:
Important!
The FMEP, not ICBC, is responsible for withholding a payor's driver's licence. ICBC licensing staff cannot decide to remove the withhold only the FMEP can. If there is a withhold on your driver's licence, contact the FMEP not ICBC to discuss arrangements for having the withhold removed. Document Revised: November 1, 2005
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