Can My Vehicle Be Impounded if Someone Else Was Driving It?

Question: I loaned my vehicle to my girlfriend while I was out of the province. She was caught excessively speeding, received a traffic ticket (officially called a violation ticket), and my vehicle was impounded for seven days. I wasn't even in British Columbia at the time, but now I can't get to work because my vehicle is in the impound lot. How can I be responsible for something I didn't do?

Situations like this generate a great deal of frustration because the driver receives the ticket while the registered owner loses the use of their vehicle. British Columbia law specifically addresses this situation, and many vehicle owners are surprised to learn that an impoundment can apply even when they were not driving.

Why was My Vehicle Impounded if I Wasn't Driving?

Under British Columbia's Motor Vehicle Act, police are required to impound a vehicle when a driver is found to have committed an excessive speeding offence. The legislation uses mandatory language, so the attending officer has no discretion to leave the vehicle with the owner simply because someone else was driving.

The driver is responsible for the excessive speeding violation and any driving prohibition that results. The impoundment, however, applies to the vehicle itself, regardless of who owns it.

Am I Legally Responsible Because I Loaned My Vehicle?

In most cases, yes. If you voluntarily entrust your vehicle to another person, you also accept the risk that they may misuse it. The Motor Vehicle Act makes vehicle owners responsible in certain circumstances when someone they have entrusted with their vehicle commits an offence.

Most owners who voluntarily lend their vehicle will be affected by the impoundment. However, every situation is different. If you believe your circumstances are exceptional, see our article on registered owner responsibility for additional background.

What if it had been a Rental Car, Taxi or Company Vehicle?

The impoundment provisions apply to the vehicle involved in the offence, not to the identity of the owner. Rental vehicles, taxis, commercial fleet vehicles and employer-owned vehicles may also be impounded when a driver commits an offence that requires mandatory impoundment.

Can I Recover the Towing and Storage Costs?

Yes. The Motor Vehicle Act allows the owner of a vehicle impounded for excessive speeding to recover the towing, storage, impound fees and related charges from the driver who caused the impoundment. If the driver refuses to reimburse you, those costs may be recoverable through a civil claim.

Can I Appeal a Vehicle Impoundment?

Vehicle impoundments are subject to a statutory review process, but it is limited. You cannot simply because it creates a hardship or because you disagree with the decision. If you believe the impoundment did not comply with the Motor Vehicle Act, you should seek legal advice promptly because review applications are subject to strict deadlines.

Bottom Line

British Columbia law places responsibility on people who choose to lend their vehicles. The driver receives the ticket and any driving prohibition, but the owner temporarily loses the use of the vehicle. In practical terms, the first person to seek reimbursement from is the driver who caused the impoundment.

Learn More

• BC Vehicle Impoundment Laws, Rules & Costs
• Q&A: Vehicle Impound Periods
• Q&A: Release From Vehicle Impound

Before lending your vehicle to someone else, remember that their driving decisions can have consequences for you as well as for them.

If you found this answer helpful, consider sharing it so other vehicle owners understand the consequences of lending their vehicle.