The Office of the Superintendent of Motor Vehicles (OSMV) has been conducting a review of the individual files of approximately 1,200 drivers referred to remedial programs under the Immediate Roadside Prohibition (IRP) program.

This review affects those specific drivers who received an IRP just prior to the November 2011 Supreme Court decision in Sivia v. British Columbia (Superintendent of Motor Vehicles), but whose referral into remedial programs was suspended. Since September 2012, when the OSMV referred these drivers to the responsible driver and ignition interlock programs, a small portion of them have submitted petitions seeking a judicial review of the requirement to take these remedial programs.

The OSMV has been undertaking a further review of not only these petitions, but also each one of the approximately 1,200 files. Each individual’s driving record is being reviewed by the OSMV on its own merits. The superintendent will decide whether the individual has an unsatisfactory driving record that requires referral to remedial measures. Alcohol-related infractions are relevant to that review. The OSMV decided to undertake this review after considering the petitions that have been filed.

This review by the superintendent will only determine whether these drivers are still required to take the remedial programs already in place, including the ignition interlock and responsible driver program. The penalties that were assessed to these drivers at the roadside will not be impacted.

At this point, it is not yet known how many of the 1,200 drivers will see a change in their referral, but some drivers may not have to proceed with their remedial program. In addition, the OSMV will continue to look at how it may be able to further strengthen the remedial program process in the future.

The process does not affect the current immediate roadside prohibition program and its ability to immediately remove impaired drivers from British Columbia’s roads. Government remains committed to its aggressive stance on drinking and driving and to continue doing what is necessary to keep impaired drivers off the road. Police retain the authority to issue warn and fail sanctions, with the ability to impound vehicles, and drivers are still subject to monetary penalties, and possible referrals by the superintendent into remedial programs.

As new, groundbreaking legislation, the immediate roadside prohibition program has been the subject of a significant number of challenges, and this situation is no different. It has come to the superintendent’s attention, as a result of the petitions before the court, that there is an issue that needs to be addressed, and the superintendent is addressing it.

 To date, the IRP program has saved the lives of an estimated 104 British Columbians. In fact, since its launch in September 2010, there have been 46 per cent fewer alcohol-related motor vehicle deaths on B.C. roads.

Contact:

Government Communications and Public Engagement
Ministry of Justice
250 356-6961