INTRODUCTION
BASIC DEFINITIONS
LICENCE RULES
FOUR WAYS A LICENCE CAN BE SUSPENDED
DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL
- Federal Law: The Criminal Code of Canada
- Provincial Law: The Motor Vehicle Administration Act
- Provincial Law: Traffic Safety Act
GETTING YOUR LICENCE BACK AFTER A SUSPENSION
VIOLATING OTHER CRIMINAL CODE SECTIONS
SUSPENSIONS DUE TO DEMERIT POINT
OTHER REASONS FOR SUSPENSIONS
APPEALING A DECISION
CONCLUSION
REFERRAL NUMBERS
REFERENCES
Introduction
In Alberta there are 4 sets of laws that deal with drivers. These are the Motor Vehicle Administration Act (MVAA), the Highway Traffic Act (HTA), the Traffic Safety Act, and the Criminal Code of Canada. This pamphlet will discuss some of the most common reasons why drivers in Alberta have their licences suspended and how these laws apply to suspensions.
NOTE: at the time of writing the Traffic Safety Act was passed, but not all sections have been proclaimed.
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Basic Definitions
"Motor Vehicle" -A vehicle which moves using any sort of power other than muscular power. This includes mopeds but does not include bicycles, tractors, aircraft and trains.
"Highway" -Any public or private place where the public is usually allowed to drive or park vehicles.
"Operators licence" -Any licence or permit issued anywhere which allows a person to drive a motor vehicle in Alberta.
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Licence Rules
In Alberta you cannot drive a vehicle if you do not hold a drivers licence or your current licence has been suspended. This includes suspensions issued in places other than Alberta. The punishment for driving without a licence is a fine up to $500 or 6 months imprisonment. The punishment for driving while suspended is a fine up to $2000 and a further 6 month suspension. If you are caught driving while suspended more than once in any given 1 year period, the punishment is very severe and will result in almost certain jail time if you are found guilty. (It should be noted that a person with a suspended licence can operate farm, industrial and construction equipment so long as it does not require registration as a motor vehicle under the MVAA or HTA.) It is also an offence to allow someone to operate your vehicle if you know they do not have a valid licence. If you are charged with driving while suspended or disqualified the vehicle being driven may be impounded for up to 30 days, whether you own it or not.
People who move to Alberta may use their existing licence for their first 3 months of living here. However, by the end of that period they must have surrendered their out of province licence and applied for an Alberta licence. It is an offence to have more than one valid licence and an Alberta licence may only be replaced if it is damaged, lost or expired. You cannot apply for an Alberta licence if you are currently suspended from driving anywhere.
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Four Ways a Licence Can Be Suspended
Four reasons why a driver in Alberta may have their licence suspended are:
- 1. The driver has been found guilty of driving while under the influence of drugs (or alcohol).
- 2. The driver has violated another criminal code section dealing with driving.
- 3. The driver has received 15 demerit points for driving offences resulting in an automatic suspension.
- 4. Other reasons for suspension include a failure to pay outstanding fines or motor vehicle judgements.
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Driving While Under the Influence of Alcohol
There are 2 sets of laws that deal with impaired driving:
Federal Law: The Criminal Code of Canada
The important sections are:
- Impaired driving regardless of blood alcohol levels, s. 253(a);
- Driving with blood alcohol level over 0.08/80 mg.%, s. 253(b);
- Refusing to provide breath or blood sample, s. 254(5);
- Impaired driving causing bodily harm, s. 255(2); AND
- Impaired driving causing death, s. 255(3).
These are serious criminal charges and therefore the penalties are severe. They range from heavy fines to jail terms and court ordered prohibitions from driving. Conviction under one of these offences will result in criminal record.
Provincial Law: The Motor Vehicle Administration Act.
The relevant sections are;
- Anyone convicted of the Criminal Code offences of s.253 or 254 is disqualified from driving and their licence is suspended for 1 year from the day they were convicted, s.109(1);
- Anyone found guilty of the Criminal Code offences of s.253 or 254 and who has a prior offence within the last 10 years, is disqualified from holding an operators licence for 3 years from the day they were convicted, s.109(4);
- Anyone found guilty of the Criminal Code offences of s.253 or 254 and who has 2 prior convictions within the last 10 years, is disqualified from holding an operators licence for 5 years from the day they were convicted, s. 109(5); AND
- If death or injury occurred because of an impaired offence, the minimum licence suspension will be 5 years even for a first offence.
Provincial Law: Traffic Safety Act
The important section is: Sec. 88
- 1. If a police officer has reasonable and probable grounds to believe that a driver's blood alcohol level is over 0.08 mg% (usually after a breathalyser test); OR
- 2. If a police officer has reasonable and probable grounds to believe that, while the driver has alcohol in the body, fails or refuses to comply with a breath demand, the police officer can order the driver's licence to be surrendered.
The officer then will give a 21 day temporary driving permit. After the 21 days have expired, the licence is suspended for 3 months. If the driver is in an accident causing bodily harm or death the suspension is 6 months. The suspension may be appealed to the Driver Control Board, however there is a fee for any appeal hearing.
People often are confused about how the provincial and federal laws work together if a person is found guilty of impaired driving. The court will usually impose a fine (or jail time) and a Canada-wide federal prohibition (minimum 12 months). In addition to these penalties, the Province of Alberta will also automatically suspend your licence. The time of this suspension is defined by the Motor Vehicle Administration Act. The suspension and prohibition happen at the same time. In Alberta, the suspension may be reduced to 3 months if the driver applies and is accepted to the Ignition Interlock Program. Admission to the program is made through the Driver Control Board and is not guaranteed, however, a recommendation from the Judge is expected.
A notice of suspension will be sent to the most recent address you gave to the department of motor vehicles. It is your responsibility to give a new address to the Department of Motor Vehicles if you move.
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Getting Your Licence Back After a Suspension
Even though the suspension period may be finished you cannot get your licence back until you have completed all of the conditions listed on the notice of suspension sent to you. This even applies to people who leave the province. You must read the conditions on the notice of suspension very carefully! Some of the basic conditions that must be met are:
- a. completion of an impaired driving course;
- b. completion of Planning Ahead, a one day educational course;
- c. completion of IMPACT, a weekend pretreatment course; AND
- d. completion of a drivers examination and payment of the licence reinstatement fee.
You must give a registry agent proof that you have completed the conditions outlined. After doing this you will receive a written notice that you can drive legally again. Then you can apply for a new licence.
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Violating Other Criminal Code Sections
If you are convicted of certain other Criminal Code sections then you receive punishments very similar to those just described in the impaired driving section. You will face a federal prohibition and will also receive some form of provincial suspension. The provincial suspensions can be very severe, for example if you are convicted of wrongfully causing death with a motor vehicle there is an automatic 5 year suspension. In addition, you will probably face some form of fine or jail time depending on how serious the offence was. The rules in this area are not set in stone and both the Court and the Driver's Control Board do have the power to give out very long suspension periods if they feel it is necessary.
Some of the relevant criminal laws that you should be aware of are:
- Criminal negligence causing death;
- Criminal negligence causing bodily harm;
- manslaughter;
- Dangerous driving;
- Failure of a vessel operator to keep watch on a person being towed;
- Failure to remain at the scene of an accident;
- Impaired driving causing death or harm; AND
- Driving while disqualified.
The procedure for getting your licence back after a suspension period is the same as described above in the impaired section.
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Suspensions Due to Demerit Points
When you are found guilty of committing certain driving offences demerit points are recorded against your licence. The following offences result in the following number of demerit points.
