NEW YEAR – NEW LAWS

In October the Provincial Government introduced new impaired driving laws (Bill 66 – Motor Vehicle Amendment Act, 2004) which the Solicitor General said would “send a strong message that we will not tolerate drinking and driving in British Columbia.”

That is what was said, but is that what will really happen? RRID is concerned that the new laws will not send a strong enough message to make a real difference on our roads.

Do we need to make a difference? You be the Judge. In 2003, in BC, police had over 4,700 impaired driving incidents, 101 people died and 3,300 received injuries. On Vancouver Island alone, police had over 900 impaired driving incidents and 600 injuries.

Alcohol continues to be one of the top five (5) contributors in fatal and injury crashes.

So what is the government doing?

Under Bill 66, police have the power to immediately impound for 24 hours the vehicles of those given a 24-hour roadside suspension. The authority to impound is discretionary and based on the officer’s belief that the impoundment is necessary to prevent the driver from operating the vehicle prior to the expiry of the 24hr driving prohibition.

Increased use of the Motor Vehicle Act rather than the Criminal Code for the prosecution of impaired drivers will result in a weakening of the penalties applied. The Criminal Code contains provisions for mandatory jail sentences for repeat offenders where the Motor Vehicle Act does not. In order for these mandatory sanctions to apply, previous convictions under the Criminal Code, not the Motor Vehicle act, are required.

Under Bill 66, repeat offenders with three or more convictions under the Criminal Code for alcohol-related offences might have to install an ignition interlock device in their vehicles that would only allow them to start the vehicle if they give an alcohol-free breath sample. Anyone convicted of an alcohol-related offense or has three twenty-four hour suspensions over a five year period may have to enter a user-pay treatment program, otherwise they may have to give up their license.

The rehabilitation program has three rehabilitation intervention options: education, counseling, or treatment. RRID feels strongly that education is the most effective tool we have for prevention. But it needs to be available long before a driver has received three twenty-four hour suspensions. Consideration should be given to making the driver’s education program a credit course in high school, or a mandatory part of driver training. It should address all impairment issues including alcohol, drug impairment, fatigue, cell phones, etc. At the present time many schools are involved in such programs on a voluntary basis but we believe such programs should be mandatory.

While RRID welcomes these changes we are concerned that they are not the “tough measures” being claimed by the government. None of these requirements is automatic, they are discretionary. They can only be enforced by the Superintendent of Motor Vehicles not by the Criminal Justice System.

Under the Criminal Code, Bill 66 also increases the minimum penalty for driving while under suspension to $500 from $300 which will cost those convicted of this crime more money but it also gives the judge the option of imposing the fine instead of imposing the current minimum jail sentence of seven days. What would you find a stronger deterrent; paying $200 dollars more or going to jail for seven days? I know what I would find more difficult.

The period of vehicle impoundment for prohibited or suspended drivers changes from 30 days to 60 days. Presently, a 30 day impoundment costs about $450.00 to get the vehicle back. Currently, many of drivers who are prohibited or suspended drive vehicles of little value and just abandon them to the towing company if they are caught. The towing company must hold the vehicle for that period of time and can only then dispose of it, often for only a token $50.00 at the scrap yard.

Bill 66 also softens the impact of the Three Strikes program. Prior to the introduction of Bill 66, on the third conviction a driver was suspended for life. This could be mitigated after 10 years if remedial treatment was successfully completed. Now the 10 years is shortened to 5 years.

The Solicitor General said: “This legislation sends a strong message that we will not tolerate drinking and driving in British Columbia”. RRID does not feel the message was strong enough, but we welcome some of the changes. We will watch closely through the New Year to see what change occurs. We will keep an open dialogue with the public and the politicians and continue to work for change. We urge you to write to your MLA to express your concerns. Because we truly believe that together we can make a difference.

Joan Parsons
President
Rid Roads of Impaired Drivers

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