Monday, August 27, 2012

IN BRITISH COLUMBIA

   In October of 2004 the provincial government of British Columbia passed Bill 66: The Motor Vehicle Amendment Act, also known as the Drinking Driving Initiative. The Motor Vehicle Amendment Act gave police additional tools to take drinking drivers off the road, including:
24 hour impoundment of vehicles for drivers who receive a 24-hour roadside prohibition;
Increased fines for driving while prohibited/suspended and extended vehicle Impoundments for up to 60 days for a first offence and 90 days for subsequent offences; and
Requirement for chronic offenders and other high-risk drivers to install an ignition interlock device on their vehicles that requires a breath sample before the vehicle will start.
    Also, for the first time in British Columbia, drivers with a Criminal Code drinking driving conviction, and other repeat offenders, had to complete a rehabilitation program before they were allowed to drive again. This program is called the Responsible Driver Program (RDP). All referrals into this program come from the Office of the Superintendent of Motor Vehicles (OSMV).
    Under the 2004 legislation, there were six possible "triggering events" which might result in OSMV making a referral into the RDP:
An impaired driving criminal code conviction;
Two 90-day administrative driving prohibitions within 5 years;
Three 24-hour driving prohibitions within 5 years;
A combination of 90-day prohibitions and 24-hour suspensions;
Drivers with 3 or more criminal code convictions who have served a minimum of 5 years in the Indefinite Licence Suspension program;
At the discretion of the Superintendent of Motor Vehicles.
    Then in September of 2010 the provincial government proclaimed a new Motor Vehicle Act which includes new impaired driving legislation. Under this legislation drivers found to have a BAC of over .05% are subject to various consequences. With regard to the Responsible Driver Program, drivers who are found to have BACs in the range of .05% to .08% three times in a five year period, or who are found to have a BAC over .08% once, are referred to the Responsible Driver Program.
   Once referred to the Responsible Driver Program participation in the program is a requirement for those who wish to either maintain or renew their driving licence. Drivers who enrol in the RDP pay the government a fee of $ 880 plus HST.
    Once registered in the Responsible Driver Program, participants complete an intensive telephone interview and are then assigned to one of two alternatives:
Those deemed not to be of significant risk of re-offending are referred to an intensive 8-hour education program.
Those deemed to be of greater risk of re-offending are referred to a 16-hour counselling program.
   Participants whose level of alcohol or other drug use indicates that an addiction has been established, are encouraged to contact appropriate community addiction services to further decrease their risk of re-offending.
    Participants in both the Education and the Counselling program learn basic information about alcohol, drugs and their impact on driving ability. The program focus is on preventing the harm that results from combining alcohol or other drug use and driving, and the objective is to separate these two activities, not eliminating them.

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