SASKATCHEWAN SAFE DRIVING INITIATIVES

Transcription

1 SASKATCHEWAN SAFE DRIVING INITIATIVES / These materials were prepared by Wendy Coderre of Saskatchewan Government Insurance, Regina, Sask. for the Saskatchewan Legal Education Society Inc. seminar, Criminal Law - Impaired Driving September 1998.

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4 '~fa _II $l~~ fa 4!JiI1hiI1IIIJ flls 4!JiIKJ1IIIJ'I1I % of traffic deaths involve alcohol more than 50 deaths annually impaired driving is the leading criminal cause of death in Saskatchewan, (e.g homicides vs. 447 alcohol related crashes) more than 1,000 injuries annually More than $35 million in health care, loss of income and property damage costs annually Unquantified emotional trauma, pain and grief. -2

5 1995 STATISTICS 8,319 convictions which would disqualify drivers from driving 6, 540 impaired driving or drinking and driving convictions 1,779 drivers were convicted of driving while disqualified 1,611 of the 1,779 were for second or subsequent conviction in a 5 year period ~

6 Drinking and driving chargm 107 drinking and driving charges per 10,000 drivers in Saskatchewan in % higher than Alberta 57% higher than Manitoba 88% higher than Canada Source: Juristat - Canadian Centre for Justice Statistics, Vol 14, No.5, if

7 s _.-,---' The Legislative Package New Drivers 1. 6 month minimum learning period. 2. Mandatory driver education. (August 1997) 3. Probationary licence for new drivers.

8 Impaired Driving 1. Roadside administrative suspensions at.04 BAC. 2. Increased statutory licence suspensions at.08 BAC. 3. Addictions screening and rehabilitation. 4. Early reinstatement & restricted licence options. Driving while Disqualified 1. Vehicle impoundment for driving while disqualified. ' '.i"

9 1.'-- "Probationary driver" anyone validating their first driver's licence, regardless oflicence class. not individuals upgrading to higher licence classes. out-of-province drivers who have not held a full licence for two years..offshore drivers. (Unless it is the equivalent of a valid driver's licence in class 5 in a jurisdiction that has signed a reciprocity agreement with Canada)

10 the probationary period will be two years from the date they validate their first driver's licence, regardless of class (other than a learner's licence). licensing actions (restrictions, suspension, revocation) may result based on convictions and accidents. the probationary period will be extended to three years if the probationary driver is required to attend an interview with a driver examiner. an interview with a driver examiner will occur if the driver receives: - two traffic convictions; or - one serious traffic conviction (e.g., stunting, racing, leaving the scene of an accident, hit and run); or - a conviction resulting from an accident in which someone is hurt or killed. ',-----, <J

11 Monitoring Procedures for a Probationary Licence If a probationary driver is convicted of a traffic violation, criminal code offence or is involved in a accident with a corresponding conviction for a traffic offence they will receive a; warning letter for the first "Low Risk" conviction; or an interview letter for the first "High Risk" conviction ; or an interview letter for a second low risk conviction or an accident with a corresponding conviction for a traffic offence. c;

12 Probationary Driver 2 Years 1st Conviction or Accident with Conviction I Warning Letter 1 2nd Conviction or Accident with Conviction If no further incidents Serious Conviction Interview with Driver Examiner I Automatic Increase to 3 yrs Probation I Serves Probationary Period I Off Probation No Convictions or Accidents with Convictions for 2 years -'----- 'ID

13 Roadside administrative suspensions at.04 SAC At roadside: Driver blows over.04 on roadside screening device Probationary driver Provisional driver Experienced driver 24 hour roadside suspension II

14 Probationaty. 30 day suspension, OWl within 90 days. I Provisional Original Suspension reinstated. Assessment - OWl or rehabilitation. EKperienced 24 hour suspension ProbationalY. 90 day suspension. Addictions assessment and treatment before reinstatement. Provisional Vehiole impoundment. Assessment. EKperienced 24 hour suspension. OWl within 90 days. ',,-, ".

15 Probationa'Y., 90 day suspension. Addictions assessment reinstatement. Provisional Vehicle impoundment. Assessment. ~erienced 90 day suspension. Addictions assessment and treatment before reinstatement. I~

16 Appeal of Roadside Administrative Suspension (Roadside Suspension) GrQltD.dl; Appeal will be successful if the administrator is satisfied that none of the following existed: 4- drove while over.040/0 4- did not comply with demand for breath test. PrQ~eS I: It I I 11,111 JI Appeal to SGI Customer purchases a receipt from a licence issuer for $ '",- IJ

17 ~ ~.' Increased statutory licence suspensions 1st offence Prior to Aug 1/96 6 months Current 1 year 2nd offence 1 year 3 years 3rd offence 3 years 5 years 4th offence+ 5 years 5 years I~

18 Addictions screening and rehabilitation Mandatory addictions. screening and assessment Treatment * Fourth offenders must serve their entire statutory. suspension It,

19 .~ Restricted Licence Eligibility;. The driver must satisfy th:e HTB that:: ~ the suspension would cause them exceptional hardship ~ remission of the suspension would not be contrary to the public interest. A 'li~'i~~a::b' /A flor f ist, 2nd a n~ ~r~ tj:~m..a; o'~e" nd :e r.~ o'nl'v.':.-u:...~,.:>,.v,'...:.'.,...:...;....;.";v,.,u~.'.:~...;, I:f~,.....:...-.:'fJ-...:.:.:.,.. ~. 1"1

20 Driver will receive a letter from driver control telling them they are eligible to apply for a restricted licence and a restricted licence application form. Driver purchases a restricted licence hearing receipt from a licence issuers office for $ Driver attends a hearing with HTB hearing officers. Will receive a letter and a restricted licence certificate if appeal is granted. -,<I

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22 "Provisional licence" held by a driver who is has completed mandatory education or treatment, and has served at least halfofstatutory suspension. The driver can apply for early reinstatement, and holds a provisional licence for the rest of the statutory suspension term. Subject to a.04 BAC level. ''''--' -_._. 20

23 .~-- Early reinstatement and restricted licence options Completes education or treatment, & demonstrates abstinence Eligible for Restricted licence Eligible for Provisional licence Statutory suspension 50%

24 Other jurisdictions: Alberta No restricted licence option. Ignition Interlock Program available for early reinstatement. ~ convicted of impaired driving, over.08 %, or refusing to provide a breath sample. ~ served court-ordered prohibition. ~ completed reinstatement conditions. ~ one-time cost of $125, and $95 per month, paid by user. ~ minimum 6 months participation.

25 Manitoba Restricted licence option. Similar to proposed, but for 1st and 2nd offenders only. 6 months abstinence required where alcoholism has caused seizure. 'Z-3

26 Vehicle Impoundment Driving while disqualified; Completed -suspension and licence not renewed; No valid licence & conviction for driving without licence in previous 5 years. 1st time - 30 days 2nd time - 60 days 1A1H"'y"" P-.'t,,',,'.:/ 75% of drinking and driving offenders continue to drive while their licence is under suspension. ' " <,J

27 Police stops driver who meets impoundment criteria, p~ I i ~ ~ ~ ~ i i ~ t ~~ i ~ g. r p ~ I i ~~ ~~ ~ ~ ~ ~..,. company to impound, or immobilizes, and completes INotice of Impoundment :,..' Police provides copy of Notice to driver, owner, tow truck driver, and SGI 1l.; SGI will: - extend the impoundment to 60 days for second occurrence; -prevent transactions on the vehicle plate. INotice of Seizure & Direction, I indicating when & where i vehicle is to be delivered I for impoundment or ~ immobilization. '!m,mm "IL

28 ..' Once a vehicle is entered on to the impoundment table, the owner of the vehicle will not be allowed to transfer or cancel the licence plates on the vehicle. They will be allowed to renew the licence plates.

29 --- Appeal of impoundment Grounds for a:-w2eat.11 I I, I..' 1. vehicle stolen* 2. owner did not know driver was disqualified 3. driver not aware of disqualification 4. serious threat to health of any person 5. extreme hardship to someone other than driver day impoundment should be 30 days * Police can release impounded vehicle if vehicle was stolen. '1"'1

30 Customer goes to issuers office and purchases a Vehicle Impoundment Early Release application for $ A telephone hearing will be set up within 3 working days from receipt of application. The hearing will be conducted with the appellant and two hearing officers and a HTS coordinator. The appellant will leave the line and the hearing officers will make their decision. The Impoundment unit and the appellant will be advised of the decision. ',-- "ol'!

31 If the appeal is successful the appellant will be advised to go to a licence issuers office and purchase a Vehicle Impoundment Release Certificate (VIRC) for $ The appellant will take the VIRC to the garage keeper for release of the impounded vehicle. The garage keeper will collect towing and storage charges before releasing the vehicle. Sucessfull appellants will be refunded the Impoundment Hearing fee. A.-.

32 Abandoned Vehicles a vehicle will be considered abandoned 15 days after the end of the original impoundment term has ended. Apply to the Impoundment Unit for permission to dispose of the vehicle. If the estimated value of the vehicle is less than the cost of towing and storage, the garage keeper can dispose of the vehicle through the Garage Keepers Act. If the amount of the disposal does not cover the cost of the towing and storage cost and there are licence plates on the vehicle, the plates will be cancelled and the refund applied to the outstanding amount..~ ,."

33 ,-' ~' If there are not any licence plates or the refund does not cover the towing and storage charges; - SGI will cover the remaining costs to the garage keeper and a receivable will be applied to the registered owners file for the amount that SGI was require to pay. 3\

34 lmpoundment - Other Jurisdictions: Alberta - 30 day impoundment for driving while disqualified. Manitoba - 30 day impoundment of vehicles operated by suspended, disqualified or otherwise prohibited drivers days for second occurrence. - Appeal provisions. - Over 4,000 impounded vehicles in % of vehicle seizures involve repeat offenders. - 20% involve repeat owners. ',-, ~~

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