+1(514) 937-9445 or Toll-free (Canada & US) +1 (888) 947-9445

Does Driving without Insurance constitute a criminal record?

Alora72

Newbie
Sep 4, 2009
1
0
I was caught driving without insurance in the Uk, paid a fine and got a 6 points on my license, does this constitute a criminal record and will I be refused entry to canada?
Pls do I need to disclose it when asked this question on the immigration form: Have you been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceddings in any country? YES or NO.

Thank you,

Alora72
 

goolash

Newbie
Sep 7, 2009
6
0
"Driving without insurance is a serious offence which can result in an immediate disqualification from driving. A driving ban can often be in the region of 28 days but can also be substantially longer for repeat offences."

Of course it constitues a criminal offence, because it IS a criminal offence!

So yes you would have to declare it.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
HI

goolash said:
"Driving without insurance is a serious offence which can result in an immediate disqualification from driving. A driving ban can often be in the region of 28 days but can also be substantially longer for repeat offences."

Of course it constitues a criminal offence, because it IS a criminal offence!

So yes you would have to declare it.
Not in Canada, it falls under the Provincial Motor Vehicle Acts.

PMM
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

AngelRose17 said:
Driving without Insurance constitute a criminal record... You are violating the law... Each state treats driving without a license and driving with a suspended ... Avoid getting in trouble with the law by not driving in either case with advice


_________________
International travel medical insurance
Well since there are no states in Canada, you may wish to read the Criminal Code of Canada and find the sections on driving without insurance (you won't) http://www.efc.ca/pages/law/cc/cc.html

PMM
 

ImmEnforce

Star Member
Oct 15, 2009
71
1
Since it's two against one...I thought I would jump in.

There are a number of things that have to be taken into consideration when determining admissibility.

Is this offence considered a crime in the other country? Was there actually a conviction registered? In some areas you can be charged with a criminal offence, but be found guilty of a violation. This is not a crime. The criminal offence must be equated to a criminal offence in Canada.

So in this case.......Even if the other country considers this offence to be criminal.....Canada does not. It would be a violation of a provincial statute.
 

alexevans

Newbie
Jan 29, 2010
3
0
Category........
Job Offer........
Pre-Assessed..
Yes driving without insurance constitute a criminal offence. My friend is a police officer and I once asked him this question. Other road traffic offenses like driving without MOT or Roadtax etc are not.
 

PMM

VIP Member
Jun 30, 2005
25,494
1,950
Hi

alexevans said:
Yes driving without insurance constitute a criminal offence. My friend is a police officer and I once asked him this question. Other road traffic offenses like driving without MOT or Roadtax etc are not.
Obviously your friend is not a Canadian police officer, as there is not MOT nor Road Tax in Canada. It is a traffic ticket not a criminal code offence in Canada.

PMM
 

toby

Champion Member
Sep 29, 2009
1,671
105
Category........
Visa Office......
Hong Kong
Job Offer........
Pre-Assessed..
App. Filed.......
November 2009
Med's Done....
October 2009 and 15 April 2011
Interview........
4 April 2011
Passport Req..
4 April 2011
VISA ISSUED...
7 July 2011
LANDED..........
15 July 2011
Thank God for PMM -- a voice of reason and knowledge.
 

McEvoy08

Newbie
Jun 28, 2011
2
0
Hi PPM

I was just wondering whether you are 100% confident that driving without insurance does not constitute a criminal offence and what is your backing for this assumption? I am considering applying for a student visa to Canada and was wondering whether I need to disclose this offence or not?

Your help is much appreciated!!
 

steaky

VIP Member
Nov 11, 2008
14,784
1,754
Job Offer........
Pre-Assessed..
McEvoy08 said:
Hi PPM

I was just wondering whether you are 100% confident that driving without insurance does not constitute a criminal offence and what is your backing for this assumption? I am considering applying for a student visa to Canada and was wondering whether I need to disclose this offence or not?

Your help is much appreciated!!
In Canada, it's not a criminal offence. But it might be one in other countries in the world.
 

toby

Champion Member
Sep 29, 2009
1,671
105
Category........
Visa Office......
Hong Kong
Job Offer........
Pre-Assessed..
App. Filed.......
November 2009
Med's Done....
October 2009 and 15 April 2011
Interview........
4 April 2011
Passport Req..
4 April 2011
VISA ISSUED...
7 July 2011
LANDED..........
15 July 2011
Given the uncertainty surrounding this issue, whether you answer "yes" or "no", it would be wise to drop a footnote explaining the background. I would say "no", since driving without insurance is not (according to PMM) a criminal offence in Canada. But if it is a criminal offence in your country, then explain what happened in a cover letter or footnote. That way you can never be accused of misrepresentation.
 

Alabaman

Hero Member
Apr 24, 2009
608
13
Edmonton
Visa Office......
Edmonton
Job Offer........
Pre-Assessed..
Alora72 said:
I was caught driving without insurance in the Uk, paid a fine and got a 6 points on my license, does this constitute a criminal record and will I be refused entry to canada?
Pls do I need to disclose it when asked this question on the immigration form: Have you been convicted of, or are you currently charged with, on trial for, or party to a crime or offence, or subject of any criminal proceddings in any country? YES or NO.

Thank you,

Alora72
I wouldn't worry about it. Dont even list it.
 

McEvoy08

Newbie
Jun 28, 2011
2
0
Thanks everyone for their response

I checked out the Canadian Crminal Code and the only driving offences which seems to reach a level of "criminal culpability" are that of 1.) driving under the influence and 2.) dangerous driving which is a relief! I guess my best bet is to answer "no" and then briefly explain the driving offence just in case it could come back to haunt me again later ( given that it is a criminal offence in Ireland, but apparently no so in Canada).
 

toby

Champion Member
Sep 29, 2009
1,671
105
Category........
Visa Office......
Hong Kong
Job Offer........
Pre-Assessed..
App. Filed.......
November 2009
Med's Done....
October 2009 and 15 April 2011
Interview........
4 April 2011
Passport Req..
4 April 2011
VISA ISSUED...
7 July 2011
LANDED..........
15 July 2011
McEvoy08 said:
Thanks everyone for their response

I checked out the Canadian Crminal Code and the only driving offences which seems to reach a level of "criminal culpability" are that of 1.) driving under the influence and 2.) dangerous driving which is a relief! I guess my best bet is to answer "no" and then briefly explain the driving offence just in case it could come back to haunt me again later ( given that it is a criminal offence in Ireland, but apparently no so in Canada).
A criminal offence in Ireland to drink and drive, yet a cultural offence not to drink! Tough choice.