New Legislation
Commencing on May 1, 2009 new escalating sanctions come into law for drinking drivers who register "A" (warn) on Alcohol Screening Devices. Bill 203 received Royal Assent in June 2007 and part of the legislation involved these new sanctions. Last week, Bill 126 was passed by the legislature and certain aspects of Bill 203 were amended, including sections of the BAC warn range administrative suspensions.
Q. What is happening on May 1, 2009?
On May 1, 2009, regulations under the Highway Traffic Act that support administrative suspensions come into effect. These regulations will do two things:
- Replace the current 12-hour warn range Blood Alcohol Concentration (BAC) suspensions issued by police with recorded escalating sanctions regime that includes longer suspension periods and remedial programs for driving with a BAC in the warn range. Note: police can still suspend the licence of a novice driver with BAC under .05 for 12 hours.
Q. How does the amendment to Section 48 of the Highway Traffic Act (HTA) change warn range BAC suspensions?
As of May 1, 2009, 12-hour licence suspensions issued for BACs in the warn range are being replaced by new recorded escalating suspension periods:
- First occurrence - 3-day suspension;
- Second occurrence within a five-year period - 7-day suspension; and
- Third or subsequent occurrence within a five-year period - 30-day suspension.
Police are obligated under the HTA to report these suspensions to MTO. MTO will also require drivers to complete remedial programs as follows:
- Second occurrence - Remedial Alcohol Education Program
- Third or subsequent occurrence - Remedial Alcohol Treatment Program and 6-month ignition interlock condition on driver's licence
Q. What are the suspension criteria?
By an analysis of breath on an approved screening device taken pursuant to a demand made under Section 254 of the Criminal Code of Canada, the person registers "warn" or "alert", or is otherwise shown to have a concentration of alcohol in his or her blood between 50 milligrams and 80 milligrams in 100 millilitres of blood.
A warn range suspension applies to individuals operating a motor vehicle, motorized bicycle, motorized snow vehicle or vessel.
Q. When does the suspension take effect?
Warn range BAC suspensions are effective on the date and at the time (24-hour clock) that the driver surrenders his/her driver's licence to the officer.
MTO will issue a new driver's licence once the suspension ends providing the driver is eligible. Unlike the old system, drivers cannot appear at the police station to reclaim their licence at the end of the suspension period. Only the Ministry of Transportation may reinstate and issue a driver's licence at the completion of the suspension period.
Q. Are these suspensions recorded on the driver's record/abstract?
Yes. These suspensions will become part of the driver's record and will be included on a driver's abstract for three years. The Police do not notify the insurance companies of such suspensions however, those abstracts are available to insurance companies through their normal course of business during application processes.
Q. Does this suspension apply to drivers from other provinces/territories or countries?
Yes. Anyone found to be operating a motor vehicle, motorized snow vehicle or vessel in Ontario with a BAC in the warn range will be suspended from driving in Ontario. MTO will record suspensions issued to these individuals, creating an Ontario driving record for them where necessary.
Driver's licenses from other provinces and countries seized by police as a result of this roadside suspension are to be returned to the Ministry of Transportation (Driver Improvement Office). This includes international driving permits.
Q. Can the driver appeal the suspension?
There is no appeal process for these suspensions. Drivers who wish to contest the suspension should consult independent legal counsel.
Q. How does the driver get a licence when the suspension ends?
MTO will issue a new driver's licence once the suspension ends providing the driver is eligible. Once their suspension ends, their status changes from suspended to unlicensed and their privileges are not reinstated until they apply for a new licence. Divers cannot appear at the police station to reclaim their licence at the end of the suspension period. Only the Ministry of Transportation may reinstate and issue a driver's licence at the completion of the suspension period.
If you have any questions, please contact Sgt Doug Pflug at 519-824-1212 ext# 253