November 26th, 2020 9:49 am

      

On December 1, 2020, new impaired driving legislation will come into force in Alberta. Bill 21, the Provincial Administrative Penalties Act, will change how impaired drivers are penalized with new immediate roadside penalties and also change the process of traffic ticket disputes. The goal of the new legislation is to simplify existing impaired driving programs and strengthen impaired driving laws in an effort to reduce injuries and fatalities, making Alberta roads safer. The new process will also free up court and police resources and as a result allow them to focus on the most serious offences.

Key changes of Bill 21 involve the introduction of new Immediate Roadside Sanctions (IRS) with serious, immediate and escalating consequences for impaired drivers, including:

• new fines up to $2,000
• increased length of vehicle seizure up to 30 days for certain offences
• new mandatory education programs for repeat offenders
• increased driver’s licence suspensions for repeat offenders
• expanded mandatory ignition interlock for repeat offenders
• enshrine into law that commercial drivers must have zero blood alcohol and drug concentrations on the job

Many first time offenders will be able to deal with these penalties through a new online traffic dispute system, which will ensure a fast, fair method of resolving disputes in 30 days or less. The most serious cases, including repeat offences and impaired driving causing harm, will receive the same roadside penalties and be prosecuted in court.

The province has streamlined existing impaired driving sanctions under a single banner. The new names are:

• IRS: 24 Hour
• IRS ZERO: Novice (formerly AZADT)
• IRS ZERO: Commercial (new)
• IRS: WARN (Formerly IRS)
• IRS: FAIL (formerly AALS)
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Alberta has also greatly enhanced these sanctions by incorporating a full spectrum of proven deterrents and consequences and by adopting an escalating approach to penalties for repeat offenders. Impaired drivers will receive immediate and significant penalties at roadside that include: escalating driver’s licence suspensions, fines, vehicle seizure lengths, mandatory education programs and an expanded ignition interlock program.

A new administrative penalty for commercial drivers has also been introduced, IRS ZERO: Commercial. IRS ZERO: Commercial takes a zero tolerance approach to drugs and alcohol for commercial drivers who are operating a commercial vehicle in a commercial capacity.

This applies to any driver who is operating a commercial vehicle, or combination of commercial vehicles, that has a registered gross vehicle weight exceeding 11,794 kg, or a commercial vehicle that has a manufacturer’s seating capacity originally designed for 11 or more passengers, including the driver.

Commercial vehicles are not being seized as part of the penalties associated with the IRS ZERO: Commercial. However, if a commercial driver is operating a commercial vehicle and they are issued an IRS: WARN or an IRS: FAIL; the cargo (if applicable) must be picked up the trucking company and the vehicle would be seized.

New Penalties for the five new IRS sanctions.

IRS: 24-Hour

• 24 hour driver’s licence suspension
• Vehicle may be seized for 24 hours

IRS ZERO: Novice (formerly AZADT). Any alcohol detected roadside on an approved screening device will result in:

• 30 Day License Suspension
• 7 Day Vehicle Seizure
• $200 fine
• Drivers must remain suspension free for one year from the end date of the suspension; if not, the one year starts over

IRS Zero: Commercial

Commercial Drivers where any alcohol is detected on a roadside screening device will receive:

1st time

• 3 Day Drivers License Suspension
• $300 fine

2nd time

• 15 day drivers license Suspension
• $600 fine

3rd time

• 30 day drivers license suspension
• $1,200 fine

IRS: WARN (Formerly IRS) on a roadside device:

1st time

• 3 Day Drivers License Suspension
• Vehicle Seized for 3 days
• $300 fine

2nd time

• 15 day drivers license Suspension
• Vehicle Seized for 7 days
• $600 fine
• Driver must take Crossroads Course

3rd time

• 30 day drivers license suspension
• Vehicle Seized for 7 days
• $1,200 fine
• Must complete 2 day Impact Course

IRS: FAIL on a roadside device, is impaired or refuse to blow.

Officers now have the discretion not to proceed with Criminal Code charges unless there are aggravating circumstances, such as a collision causing injury or death, children in the vehicle, a high degree of disregard for public safety, a recent impaired charge.

1st offence

• 90 day suspension of drivers license
• After the 90 days driver is restricted to vehicle with an ignition interlock for 1 year.
• Driver remains suspended for 1 year if they do not participate in the interlock program.
• Vehicle Seized for 30 days(used to be 3 days)
• $1,000 fine
• Must take the Planning Ahead Course

2nd offence

• Criminal Code Charges
• 90 day suspension of drivers license
• After the 90 days driver is restricted a vehicle with ignition interlock for 3 years.
• Driver remains suspended for 3 years if they do not participate in interlock program
• Vehicle Seized for 30 days
• $2,000 fine

3rd offence

• Criminal Code Charges
• 90 day suspension of drivers license
• After the 90 days driver restricted to vehicle ignition interlock for Life. (10 year faint hope clause, must be incident free for 10 years and can apply to have the restriction removed)
• Vehicle Seized for 30 days
• $2,000 fine

All drivers in all circumstances have the right to a second test on a different device. Police will accept the lower of the two results. Drivers can appeal their suspension and view the evidence against them within 7 days of the suspension being issued. There is a QR code on the suspension form that will take the driver to where they can view the evidence and decide if they want to appeal.

If they appeal, they will have an appeal hearing with an adjudicator over the phone or through video call within 21 days. After that meeting a decision will be made in writing within 30 days. A judicial review may also take place after the decision is rendered.

There is also a new Traffic Safety Act, offence for driving while suspended as a result of an alcohol related suspension which will result in a fine of $5,000 and a 6 month suspension for the first offense and mandatory jail time and increasing driving suspensions for the second and third offences.

For more information on Bill 21 visit https://www.alberta.ca/making-alberta-roads-safer.aspx

Media Contact:
Sgt. Gerald Sadlemyer
Traffic Unit
Medicine Hat Police Service
Ph: 403-529-8471