British Columbia s Administrative Impaired Driving Regime. Reducing Impaired Driving and its Effects
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1 British Columbia s Administrative Impaired Driving Regime Reducing Impaired Driving and its Effects
2 Canada s Division of Powers Drinking and driving sanctions are divided between: Federal Sanctions Criminal Criminal Code Provincial/territorial Sanctions Administrative Highway Traffic Act/Motor Vehicle Act The federal and provincial/territorial governments can only legislate within their respective heads of power I.E. A province/territory cannot create a criminal offence and the federal government cannot legislate a driver s licence requirement 2
3 Who Sanctions When Federal Criminal Sanctions > 0.08% BAC and driving while ability impaired (based on observable and physical signs of impairment) Provincial Administrative Sanctions 0.04% 0.08% BAC Provincial Licensing Sanctions for New and Young Drivers anything greater than 0% BAC 3
4 British Columbia s New Regime Implemented in 2010 due to the tragic death of a 4-year-old girl Administrative in nature. Independent of criminal system. Significant changes were made to the Motor Vehicle Act Based on the deterrence model. It is the perceived and actual rates of apprehension that have the greatest deterrent impact. Certainty Swiftness Severity 4
5 British Columbia s Sanctions Sanctions split between different BAC levels Reasonable Grounds to Believe Driver s Ability is Affected by Alcohol 24 hour driver s licence suspension (no BAC evidence required) 0.05% and 0.08% BAC and Reasonable Belief that Driver s Ability Affected by Alcohol Immediate 3 day driver s licence suspension Possible vehicle impoundment > 0.08% BAC, Register a Fail on an Approved Screening Device, or Refuse/Fail to Take a Breath or Blood Test Immediate 90 day roadside licence suspension/prohibition and 90 day administrative license suspension based on evidentiary breath test Mandatory 30 day vehicle impoundment 5
6 Impact Driver BAC rates BAC rates 34% reduction in drivers positive for alcohol between 2010 and % decrease of drivers with BACs between 0.05 and % decrease of drivers with BACs over
7 E Beasley & D Beirness, Alcohol and Drug Use among Drivers Following the Introduction of Immediate Roadside Prohibitions in British Columbia: Findings from the 2012 Roadside Survey (Victoria: Office of the Superintendent of Motor Vehicles, 2014) at 11. 7
8 Impact - Fatalities Fatalities An approximate 44% reduction in fatalities from 2010 to 2012 High levels of publicity, increased the perceived rates of apprehension Approximate annual reduction of 43 fatalities between
9 120 Deaths in Alcohol-Related Crashes 2010 and Fatalities Chart based on data from Office of the Chief Coroner, Motor Vehicle Incident Deaths (Burnaby, British Columbia: Ministry of Public Safety and Solicitor General, 2018) at 7. 9
10 Impact - Injuries Injuries A 23.4% reduction in alcohol-related injury collisions Approximate annual reduction of 487 injury collisions 10
11 Impact Property Only Collisions Property Only Collisions A 19.5% reduction in property damage only collisions Approximate annual reduction of 508 property damage only collisions 11
12 Comparator Provinces: Manitoba and Ontario Fatalities Ontario 233 in 2010 vs 207 in 2012 Approximate 11% reduction Manitoba 46 in 2010 vs 50 in 2012 Approximate 9% increase British Columbia 111 in 2010 vs 62 in 2012 Approximate 44% reduction 12
13 Deaths in Alcohol-Related Crashes 2010 and Ontario Manitoba British Columbia Chart based on data from Traffic Injury Research Foundation of Canada (TIRF), Alcohol-Crash Problem in Canada: 2010 (Ottawa: Canadian Council of Motor Transportation Administrators (CCMTA), 2013) at 92 & 108; and TIRF, Alcohol and Drug-Crash Problem in Canada 2012 Report (Ottawa: CCMTA, 2015) at 92 &
14 Impact on the other Provinces Alberta Vehicle impoundment, increased duration, mandatory interlock, etc. Saskatchewan Vehicle impoundment, increased duration, fines, mandatory interlock, etc. New Brunswick Vehicle impoundment, increased duration, etc. Prince Edward Island Vehicle impoundment, mandatory interlock, coded licence plates, etc. Newfoundland and Labrador Vehicle impoundment, mandatory interlock, etc. 14
15 Administrative Cannabis Sanctions Awaiting passage of Bill C-46: An Act to amend the Criminal Code (offences relating to conveyances) and to make consequential amendments to other Acts Three tiers of sanctions proposed by Government of British Columbia 1. Current - 24-hour Administrative Driving Prohibition and Impoundment if police believe a driver s driving ability is impaired by a drug, other than alcohol 2. Proposed - 90-day Administrative Driving Prohibition for drug affected driving 3. Proposed - Zero Tolerance for New and Young Drivers 15
16 MADD Canada Proposals MADD Canada Proposes that every province and territory implement: 24-hr immediate suspension if reasonable grounds to believe driver s physical or mental ability affected by drugs; A prohibition on being positive for any illicit psychoactive drug for all drivers under 22 and all drivers with less than five years of driving experience; A 7 day administrative licence suspension and 7 day vehicle impoundment for any driver that fails an oral fluid screening test or standard field sobriety test; and A 90 day administrative licence suspension and 30 day vehicle impoundment upon the result of the evidentiary blood test for any driver charged with a criminal drug impaired driving or THC per se level offence 16
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