Immediate Roadside Prohibitions (IRP) - 3-day, 7-day, 30-day, 90-day
Effective November 21, 2016, when an applicant or their legal representative attends an ICBC Driver Licensing Office to request an oral review of their Immediate Roadside Prohibition (IRP), they will be offered a minimum of three review appointments available within 14 days of the date of service of the IRP. This policy better ensures that applicants receive a timely review decision, in line with the 21-day timeline legislated under section 215.5(6) of the Motor Vehicle Act.
If applicants or their representatives are unable or unwilling to schedule the review within the 14-day period from the date the IRP notice was served by the police, they will be asked to provide a rationale on an updated version of the MV2726 IRP Application for Review as to why they need to have a review beyond 14 days.
A new section on the MV2726 stands as notification to the applicant that, if they are unable or unwilling to schedule a review within the 14-day period, the Superintendent may not be able to provide a decision to the applicants within the 21-day timeline, and that a stay of the driving prohibition may not be granted.
Effective April 1, 2016, section 215 of the Motor Vehicle Act is amended. The amendment makes it clear that the burden of proof in an Immediate Roadside Prohibition (IRP) review hearing is on the applicant, and that information provided should focus on the specific grounds of review under which the applicant has applied. The change applies to a Notice of Prohibition (IRP) issued on or after April 1, 2016.
Effective December 21, 2015 RoadSafetyBC will no longer be providing disclosure documents outside of the review process. Only applicants that have applied for a review of a driving prohibition, vehicle impoundment, or licensing decision, and paid their hearing fees will receive disclosure documents. ICBC will provide the applicant with all disclosure documents available when the application for review is submitted. If RoadSafetyBC receives new disclosure materials after the application for review is submitted, RoadSafetyBC will disclose all of the new documents to the applicant or their representative.
If you do not wish to file an application for review, but would like to obtain documents related to your administrative sanction, you may file a request under section 5 of FOIPPA to obtain the documentation. You may submit a Freedom of Information and Protection of Privacy Act (FOIPPA) application through the Ministry of Finance. Information on this process can be found at http://www2.gov.bc.ca/gov/content/governments/about-the-bc-government/open-government/open-information/freedom-of-information or you can phone the Information Access Operations office at 250-387-1321 for further information.
You have seven days from the date you received the Notice of Driving Prohibition to request RoadSafetyBC to review the prohibition. The adjudicator can only consider these grounds during the review:
- You were not the driver or in care or control of a motor vehicle
- You were not advised of your right to a second test on an approved screening device (ASD)
- You requested a second test, but the officer did not perform the test
- Your second test was not performed on a different ASD
- The prohibition was not served on the basis of the lower ASD test result
- The result of the ASD test was not reliable
- The ASD, which formed the basis for the prohibition, did not register a WARN reading
- The ASD registered a WARN, but your blood alcohol content was less than 0.05 (50 milligrams of alcohol in 100 millilitres of blood)
- The ASD, which formed the basis for the prohibition, did not register a FAIL reading
- The ASD registered a FAIL, but your blood alcohol content was less than 0.08 (80 milligrams of alcohol in 100 millilitres of blood)
- You did not refuse or fail to comply with a demand to provide a breath sample, or you had a reasonable excuse for refusing or failing to comply with a demand; OR
- You did not have the required number of previous WARN range prohibitions for a 7 or 30 day prohibition (in which case the Superintendent may reduce the length of the prohibition and related monetary penalties)
The hardship that may be caused by the loss of your driving privileges cannot be considered during a review.
To request a review you must complete an 'Application for Review of an Immediate Roadside Prohibition' form, available from any ICBC Driver Licensing Office. You will need to include the date and location where you were issued the prohibition by police and all relevant information to support your request to review the decision. There is a fee that must be paid when you submit your request – see Fees for Services (PDF). The fee differs depending on how you will present your case – written submissions can be provided for any immediate roadside prohibition or you may present your case by phone (oral) for any 30-day or 90-day prohibition on the date scheduled by the Superintendent's office.
Prior to the review you will receive a copy of police information the adjudicator will consider. You are given an opportunity to present further information to the adjudicator before the review is held. Important: even though you are going through a review process, you may not drive while the prohibition is in effect.
After the review the adjudicator will send you a written decision. In most cases, the decision will be sent within 21 days from the date you were served with the Notice of Driving Prohibition. The three possible decision outcomes are the driving prohibition:
- The prohibition will be revoked (i.e., removed from your driving record) and you can apply for a new driver’s licence (the driver's licence reinstatement fee and any monetary penalties will be waived)
- The length of the prohibition will be reduced
- Or, the prohibition is confirmed, unchanged
Drivers dissatisfied with the outcome of their review may also make an application under the Judicial Review Procedure Act to have the decision reviewed by the Supreme Court.