Driving within the Law

Are you fit to drive?

It is important to be mindful of the factors that can impact your ability to drive safely. Substance use, such as alcohol and drugs, can impair your judgement and reaction time when operating a vehicle. Some medications, even those obtained with a prescription or over-the-counter, can have a similar effect. Additionally, stress, fatigue, and lack of sleep can also have a negative impact on your driving ability.

Fatigue

Driving while fatigued can be extremely dangerous and is often caused by a variety of factors such as:

• lack of sleep or rest
• emotional stress
• boredom
• driving for long periods of time
• physical activity
• illness
• eye strain. Fatigue can also be intensified by factors like overeating, alcohol or drug use, or even a warm and comfortable vehicle. Fatigue can increase the time it takes you to react. It can also impair your judgement and decision-making. This can result in driving errors such as driving off the road, into another lane, or into oncoming traffic. You may not realize that you are in a dangerous situation or be able to react quickly. To reduce the risk of fatigue, do the following:
• Be sure you are well rested before you start your trip.
• Keep your vehicle at a comfortable temperature. Make sure it is well ventilated.
• Keep your eyes moving by scanning the road ahead and behind. Stay alert to your surroundings and check your vehicle’s gauges.
• Use sunglasses on bright days.
• If you are feeling tired, stop for a rest. Walk around your vehicle.
• Do not drive after drinking alcohol or taking drugs.

Medications

Some prescription and non-prescription (over-the-counter) medications can have an impairing affect on your vehicle-handling ability, judgement, and responsible decision-making when operating a vehicle. Side effects can include drowsiness or dizziness. Talk with your doctor and pharmacist. Know the effects of all prescription and over-the-counter medication you are taking before operating any motor vehicle. Know what the effects of alcohol or drugs will be if you combine them with your medication.

Alcohol and drugs

Drinking alcohol and driving is a dangerous combination that puts yourself and others on the road in great peril. Driving while impaired continues to be a major cause of traffic deaths and injuries in Alberta. On average, from 2016 to 2020, each year approximately 38 people were killed and 535 people were injured in collisions involving impaired driving. Drugs or alcohol will impair your driving. Operating a vehicle safely and responsibly requires that you be alert. Impairment begins with the first drink or drug use. It is important that all drivers understand the risks of drinking or drug use and driving, and realize that there are risks, laws, and penalties involved with this choice. You may face:

• heavy fines
• a criminal record
• time in jail
• the loss of your driver’s licence privileges
• increased vehicle insurance premiums
• damage to property
• serious injury or death
• loss of employment, if driving is required as part of the job.

Demerit points and

consequences

Demerit points are recorded against your driving record when you are convicted of an offence. You are convicted of an offence when you:

• pay the fine assessed on your ticket voluntarily
• appear in court and are found guilty
• fail to appear in court and are ‘convicted (guilty) in absence’. Convictions and times when your driver’s licence privileges have been suspended remain on your driving record for 10 years and will appear on your driver’s abstract. Fully-licensed drivers: If you have accumulated eight to 14 demerit points within a two-year period, you will receive a letter notifying you of your demerit point standing. If you have accumulated 15 or more demerit points within a two-year period your driver’s licence privileges will be automatically suspended for a period of time. When the time of your suspension has been served, your driver’s licence privileges will be reinstated with seven demerit points remaining on your driver’s licence record. These points remain on your driver record for a period of two years from the reinstated date on the letter. GDL drivers: If you have accumulated four to seven demerit points within a two-year period, you will receive a letter notifying you of your demerit point standing. If you have accumulated eight or more demerit points within a two-year period, your driver’s licence privileges will be automatically suspended for a period of time. When the time of your suspension has been served, your driver’s licence privileges will be reinstated with three demerit points remaining on your driver’s licence record. These points will stay on your driver record for a period of two years from the assessed date. Demerit point penalties for fully-licensed and GDL drivers: Points Offence

7 points Failing to remain at the scene of a collision

6 points Careless driving Failing to stop for a school bus Racing Speeding (exceeding limit by at least 51 km/h)

5 points Failing to stop at a railway crossing (School bus or a vehicle carrying explosives, gas, or flammable liquids) Failing to stop for a peace officer

4 points Failing to yield right-of-way to a pedestrian in a crosswalk Following too closely Speeding (exceeding limit by 31 to 50 km/h)

3 points Driving to the left of the yellow line / Driving left of center on unmarked two-way Driving in the wrong direction on a one-way highway Failing to report a collision Failing to stop at an intersection controlled by a stop sign Failing to stop for a red light at an intersection Impeding passing vehicle Improper passing Stunting Speeding (exceeding limit by 16 to 30 km/h)

2 points Failing to obey instruction of traffic control device Improper backing - backing into an intersection or crosswalk or unsafe backing onto a highway Improper turns Improper turns - U-turn Traffic lane violation Speeding (exceeding limit to maximum of 15 km/h) For a complete listing of the Demerit Point Program visit: www.alberta.ca/demerit-points.aspx Demerit point penalties specific to GDL drivers: Points Offence

2 points Curfew - driving between midnight and 5 a.m. (Class 7 learner stage only) Having more passengers than seat belts Supervisor (accompanying driver) not fully qualified Fully-licensed and GDL drivers: Driver’s licence privilege suspensions:

• First – automatic one month suspension.
• Second (within one year) – automatic three month suspension.
• Third (within two years) – automatic six month suspension. You may be required to attend a review with the Registrar of Motor Vehicles. You are required by law to give up your driver’s licence on or before the date your suspension begins. This can be done at any Alberta registry agent office. You may be eligible for a Restricted Driver’s Licence. For more information, visit www.alberta.ca/restricted-drivers- licence-program.aspx. You may not appeal a demerit point suspension. However, you may request a review of the demerit points to ensure they were not assigned in error. If you believe demerit points were assigned to your driver’s licence in error, you can submit a request in writing to Driver Fitness and Monitoring to have your record reviewed as per section 99 of the Traffic Safety Act. Convictions can only be removed from your driving record by an appeal through the courts. Contact any Alberta Provincial Court for more information. When two years have passed from the date of a conviction, the demerit points assessed for that conviction are removed from your driver’s record. If a Government-approved defensive driving course has been successfully completed prior to accumulating 15 or more points, a three point credit is applied to your driving record for a two-year period. Contact a driving school for more information about Government-approved defensive driving courses.

Federal: Criminal Code

of Canada

Offences related to impaired driving are:

• impaired driving regardless of blood alcohol or drug content
• blood alcohol level over the legal limit
• drug or drug-alcohol combination or a toxicological (blood or urine) sample
• refusing to provide a breath or blood sample
• impaired driving causing bodily harm
• impaired driving causing death
• driving while suspended or disqualified. If you are found guilty under the Criminal Code of Canada of driving while impaired, and you have: · been found guilty under the various sub-sections of section 320 of the Criminal Code of Canada, you will be disqualified from driving and your licence will be suspended for one year from the date of the finding of the guilt . · a prior offence in the last 10 years, you will be disqualified from holding a driver’s licence for three years from the date of the conviction . · two or more prior offences in the last

10 years, you will be disqualified from holding a driver’s licence for five years from the date of the conviction. · if a death or injury occurs as a result of an impaired offence, the minimum licence suspension is five years even for a first offender.

Provincial: Traffic Safety Act ,

Immediate Roadside Sanctions

(IRS) Program

Alberta has one impaired driving program called the Immediate Roadside Sanctions (IRS) program. This impaired driving program includes a multi-tiered escalating approach to deter impaired driving. Impaired drivers will receive immediate and significant penalties at roadside that include:

• escalating driver’s licence suspensions
• escalating fines
• escalating vehicle seizure lengths
• mandatory education programs
• the Ignition Interlock Program IRS: 24-hour The IRS: 24-hour program applies to drivers whose ability to operate a motor vehicle has been impaired by a physical or medical condition, or by drugs or alcohol. A 24-hour licence disqualification will be issued. IRS ZERO: Novice The IRS ZERO: Novice program applies to all alcohol and/or drugs and there is a zero tolerance approach for any alcohol and/or drugs for novice drivers in the Class 7 learner’s licence or Class 5-GDL licence category. Contraventions for this type of suspension/disqualification include the following:
• an immediate 30 day driver’s licence suspension
• a seven day vehicle seizure
• $200 fine plus victim fine surcharge of 20 per cent. IRS ZERO: Commercial The IRS ZERO: Commercial program applies to all alcohol and/or drugs and there is a zero tolerance approach for any alcohol and/or drug for a commercial driver operating a commercial vehicle in a commercial capacity. Contraventions for this type of suspension/disqualification include the following: First occurrence Three day immediate driver’s licence suspension and $300 fine plus victim fine surcharge of 20 per cent. Second occurrence

15 day immediate driver’s licence suspension and $600 fine plus victim fine surcharge of 20 per cent. Third occurrence

30 day immediate driver’s licence suspension and $1,200 fine plus victim fine surcharge of 20 per cent. IRS: WARN The IRS: WARN program applies when a law enforcement officer has reasonable grounds to believe that a driver has operated a motor vehicle with a blood alcohol concentration that is equal to or exceeds 50 milligrams of alcohol in 100 mililitres of blood. Contraventions for this type of suspension/disqualification include the following: First occurrence Three day immediate driver’s licence suspension, three day vehicle seizure, and $300 fine plus victim fine surcharge of 20 per cent. Second occurrence

15 day immediate driver’s licence suspension, seven day vehicle seizure, requirement to complete the Crossroads course (or the Planning Ahead course may be used as an equivalent), and $600 fine plus victim fine surcharge of 20 per cent. Third occurrence

30 day immediate driver’s licence suspension, seven day vehicle seizure, requirement to complete the IMPACT Program, and $1,200 fine plus victim fine surcharge of 20 per cent. IRS: FAIL The IRS: FAIL program applies when a law enforcement officer has reasonable grounds to believe that:

• the driver has operated a motor vehicle while their ability to do so was impaired to any degree by alcohol or a drug or by a combination of alcohol and a drug
• within two hours after ceasing to operate a motor vehicle, the driver had a blood alcohol concentration that was equal to or exceeds 80 milligrams of alcohol in 100 millilitres of blood
• within two hours after ceasing to operate a motor vehicle, the driver had a blood drug concentration that is equal to or exceeds any blood drug concentration for the drug that is prescribed by regulation under the Criminal Code of Canada
• within two hours, after ceasing to operate a motor vehicle, the driver had a blood alcohol concentration and a blood drug concentration that is equal to or exceeds the blood alcohol concentration and the blood drug concentration for the drug that is prescribed by regulation under the Criminal Code of Canada for instances where alcohol and that drug are combined
• knowing a demand had been made, the driver failed or refused, without a reasonable excuse, to comply with a demand made under the Criminal Code of Canada. Contraventions for this type of suspension/disqualification include the following: First occurrence The administrative penalties are imposed with or without a criminal charge. A criminal conviction will result in additional penalties.
• Immediate two-stage, fixed-term driver’s licence suspension consisting of two distinct parts:

1. 90 days where the suspended driver is unable to drive under any circumstances; and

2. further 12-month driver’s licence suspension. · During this 12-month suspension period, the driver may participate in Alberta’s IRS: FAIL Ignition Interlock Program and during that term operate a vehicle equipped with an interlock device. If they choose not to participate in the IRS: FAIL Ignition Interlock Program, the driver will remain suspended and cannot legally drive.

• Completion of the Planning Ahead course. · If the driver does not complete this requirement within 450 days, they will receive a new administrative suspension for noncompliance and remain suspended until the remedial education course is completed.
• 30 day vehicle seizure.
• $1,000 fine plus victim surcharge or

20 per cent. Second occurrence The administrative penalties are imposed with or without a criminal charge. A criminal conviction will result in additional penalties.

• Immediate two-stage, fixed-term driver’s licence suspension consisting of two distinct parts:

1. 90 days where the suspended driver is unable to drive under any circumstances; and

2. further 36-month driver’s licence suspension. · During this 36-month suspension period, the driver may participate in Alberta’s IRS: FAIL Ignition Interlock Program and during that term operate a vehicle equipped with an interlock device. If they choose not to participate in the IRS: FAIL Ignition Interlock Program, the driver will remain suspended and cannot legally drive.

• Completion of the IMPACT program. · If the driver does not complete this requirement within 1170 days, they will receive a new administrative suspension for noncompliance and remain suspended until the remedial education course is completed.
• 30 day vehicle seizure.
• $2,000 fine plus victim surcharge or

20 per cent. Third (and subsequent) occurrence The administrative penalties are imposed with or without a criminal charge. A criminal conviction will result in additional penalties.

• Immediate two-stage, fixed-term driver’s licence suspension consisting of two distinct parts:

1. 90 days where the suspended driver is unable to drive under any circumstances; and

2. further lifetime driver’s licence suspension. · During this lifetime suspension period, the driver may participate in Alberta’s IRS: FAIL Ignition Interlock Program and during that term operate a vehicle equipped with an interlock device. If they choose not to participate in the IRS: FAIL Ignition Interlock Program, the driver will remain suspended and cannot legally drive. · Provided the driver meets the eligibility criteria, they can apply for driver’s licence reinstatement and removal of the interlock requirement after 10 years. An application does not guarantee removal of the lifetime suspension.

• 30 day vehicle seizure.
• $2,000 fine plus victim surcharge or

20 per cent.

In addition to any penalties under the Criminal Code of Canada , the province of Alberta will suspend your driver’s licence privileges and impose conditions you must meet to have your driving privileges reinstated. The province of Alberta suspension is served at the same time as a court-ordered driving prohibition.

Driving while your driver’s

licence privileges are

suspended or disqualified

If you operate a motor vehicle while your driver’s licence privileges are suspended or disqualified you can face time in jail, fines, or both. In addition, if you are currently serving a suspension, you will face another suspension. The vehicle you are driving will be seized and impounded for 30 days regardless of who is the registered owner. All towing charges and impound fees will be charged to the registered owner of the vehicle. Your driver’s licen c e driving privileges can be suspended or disqualified. If you receive a driver’s licence suspension or disqualification you will receive notification via registered letter to the last recorded address on your driver’s licence record, from Driver Fitness and Monitoring, indicating the reasons for your suspension or disqualification. If your driver’s licence driving privileges are suspended or disqualified, your Notice of Suspension letter will identify the length of your suspension or disqualification and the conditions that you must meet to have your driving privileges reinstated. When you have met the conditions of your suspension or disqualification you will receive another letter from Driver Fitness and Monitoring, indicating that your suspension or disqualification has been removed and the date you are eligible to operate a motor vehicle.

Reinstatement of your driver’s

licence privileges as a result

of an alcohol, drug, or alcohol

and drug related offence

When you are convicted of an alcohol, drug, or alcohol and drug related offence, your driver’s licence privileges suspension takes effect at that time. A Notice of Suspension will be sent to you by mail to the last recorded address on your driver’s licence. Make sure your driver’s licence has your current address. Suspensions remain in effect until all the conditions on the Notice of Suspension are met. This includes drivers who have left the province. Read your notice carefully to ensure you have met the conditions of your suspension. If you have not met the conditions of your suspension your driving privileges may not be reinstated. The Notice of Suspension will include all the conditions that must be met prior to reinstatement of your driving privileges. For an alcohol, drug, or alcohol and drug related driving charge some of the conditions that you may have to meet are:

1. Attend a one-day driver program.

2. Attend a weekend driver program.

3. Participation in Alberta’s Ignition Interlock Program. You will also be required to pay the reinstatement fee and take a road test. After your suspension period is over, you must go to an Alberta registry agent office and provide proof that you have met your reinstatement requirements. The registry agent will then be able to issue you a driver’s licence. A written notice that says your driving privileges have been reinstated will be mailed to you. If your driver’s licence expires during the suspension period, it cannot be renewed until all the conditions for reinstatement have been met.

Ignition interlock program

Alberta’s Ignition Interlock Program is:

• designed to help individuals separate high-risk behaviours of driving while impaired,
• used as an educational tool to prevent recidivism, and
• used to prevent high-risk drivers from operating their motor vehicle while impaired. Alberta’s Ignition Interlock Program allows drivers to remain mobile so they can access support and treatment, maintain employment, and care for family members while still ensuring public safety through effective monitoring and restricted driving privileges. The Ignition Interlock Program involves the installation of an interlock device in a vehicle which measures alcohol concentration level of the driver’s breath, and will lock the vehicle ignition (vehicle will be unable to be started or driven) if a breath alcohol concentration reading is above the specified threshold level. Alberta’s Ignition Interlock Program includes three different participation streams:

1. IRS: FAIL Interlock Ignition Program: This program is for drivers who are issued a driver’s licence suspension under the IRS: FAIL program for criminal-level impaired driving, and where the occurrence date was on or after December 1, 2020.

2. Alberta Administrative Licence Suspension Program Interlock Ignition Program: This program is for drivers who are issued a driver’s licence suspension under the Alberta Administrative Licence Suspension Program for criminal- level impaired driving, and where the occurrence date was on or before November 30, 2020.

3. Mandatory Interlock Ignition Program: This participation stream is mandatory for all drivers who have been convicted of impaired driving under the Criminal Code of Canada , as part of their reinstatement requirements. Drivers must fully serve their required term in the Mandatory Interlock Ignition Program in order for the applicable reinstatement condition code to be completed/removed from their motor vehicle file and to fully reinstate their driver’s licence. Drivers in this participation stream must demonstrate a sustained ability to separate high-risk behaviours. More information about this program can be found at: www.alberta.ca/ignition- interlock-programs.aspx

Reinstating your driver’s licence

privileges as a result of a

demerit point suspension

Driver’s licence suspension A Notice of Suspension letter will be mailed to the last address recorded on your motor vehicle file. It is your responsibility to notify an Alberta registry agent office anytime you change your mailing address.

• The Notice of Suspension letter will indicate the conditions that must be completed prior to reinstatement of your driving privileges.
• The Notice of Suspension will indicate the effective date of your suspension.
• You must turn your driver’s licence over to any Alberta registry agent office on or before the effective date. It is illegal to be in possession of your driver’s licence while you are serving a suspension. It is a serious offence to operate a vehicle while serving a suspension.
• You must serve the term of the suspension. Provincial suspensions Provincial suspensions may be imposed for reasons such as a poor driving record, failure to pay a legal judgement, medical reasons, or failure to comply with a Notice to Report.

SafeRoads Alberta is the administrative adjudication branch of Transportation and Economic Corridors that is responsible for conducting reviews for provincial administrative penalties received by impaired drivers and reviews for vehicle seizures. SafeRoads Alberta conducts reviews for challenges to the provincial adminstrative penalties under the IRS program. All matters are dealt with in 30 days to ensure impaired drivers are off the roads. The most serious cases, including repeat offenders and impaired driving causing death or bodily harm, will get both provincial administrative penalties and Criminal Code of Canada charges.

Impaired driving reviews

SafeRoads Alberta conducts reviews for challenges to the provincial administrative penalties under the IRS program. Drivers who wish to appeal their impaired driving penalty can do so by applying for a review to SafeRoads Alberta at www.saferoads.com .

Vehicle seizure reviews

Vehicle seizures are reviewed by SafeRoads Alberta. If a vehicle was seized pursuant to section 94 of the Traffic Safety Act , after being stolen or taken without consent, or if the vehicle is owned by a rental car agency, you can seek the return of the vehicle through SafeRoads Alberta. Registered owners are responsible for all costs involved in the vehicle seizure. Applying for a review does not guarantee the return of the vehicle, and fees for reviews are non- refundable.

The Registrar Reconsideration Process provides Albertans with an ability to appeal non-impaired driving decisions. The Registrar Reconsideration Process covers the reviews for the Ignition Interlock Program Exemption, driver conduct, and other administrative reviews such as safety fitness certificates, driver training schools and driving instructors, driver examiners, and vehicle inspection facilities and technicians. Drivers who wish to appeal a decision of the Registrar can do so by applying for a review to the Registrar Reconsideration Process. More information can be found at: www.alberta.ca/motor-vehicle-registrar- reconsideration.aspx .