Province introduces legislation to get impaired drivers off roads

New consequences for impaired drivers would include:

· Fines of up to $2,000

· Increasing length of vehicle seizure up to 30 days

· New mandatory education programs for repeat offenders

· Mandatory ignition interlock for repeat offenders

The government noted that many non-criminal, first-time impaired drivers will be able to deal with penalties via SafeRoads AB, a new branch aimed at resolving disputes quickly and efficiently.

SafeRoads AB will see the dealing of all matters done in 30 days, unlike the months it can currently take to resolve disputes.

Repeat offenders, impaired drivers who cause bodily harm or death and other serious cases will still receive criminal charges in addition to other penalties.

POSSIBLE SCENARIOS

Currently, if an officer has reasonable grounds to believe that a driver has committed an impaired offence, they would issue a penalty called the Alberta Administrative License Suspension, which leads to a 15-month suspension.

A driver can drive again after three months if they install an ignition interlock device. The driver also receives a three-day vehicle seizure and is criminally charged with an impaired offense.

With the proposed Provincial Administrative Penalties Act, a driver would be issued an administrative penalty called the IRS – Fail. This would result in a 15-month suspension.

A driver would be able to drive again after three months if they install an ignition interlock device. Unlike the current protocol, the driver’s vehicle would be seized for 30 days instead of three.

The driver would also be issued a $1,000 fine and would be required to complete mandatory impaired driving education.

If the individual is a repeat offender, or if there is bodily harm or injury, the driver would receive an escalating administrative penalty and will be criminally charged with an impaired offense.

The government notes that the new process would take an hour or less on average for responding officers, whereas it can take 5-8 hours with the current measures in place.

DISPUTES

If a person wishes to dispute their offence, they currently have to appear in person at an office or registry to obtain, complete and file a notice of appeal with the Alberta Traffic Safety Board within 30 days of the offence.

They must also appear before a three-person panel, which can take five months to schedule and resolve.

With the Provincial Administrative Penalties Act, someone who wishes to dispute their offence would be able to pay their fine online through the SafeRoads AB service, could request time to pay or request a review of the sanction – all online.

The individual would have to attend the review of their file, which would be scheduled within 21 days, by phone or video or can submit their complaint in writing. The written decision will be provided within 30 days of the issuance of the notice.

TRAFFIC SAFETY VIOLATIONS

If the Act is passed, it would allow for other traffic offences to be resolved through SafeRoads AB.

The online system for dealing with non-criminal offences would be introduced in late 2021. It’s expected that this will divert close to two-million traffic tickets from Alberta’s courts – lessening the number of people visiting courthouses to pay tickets or schedule hearings.

by Justin Goulet

Province introduces legislation to get impaired drivers off roads

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