Traffic Safety Act Archives

In December 2011, the Legislative Assembly of Alberta passed the Traffic Safety Amendment Act, 2011 (the “Act”), which increased penalties for impaired drivers in Alberta. These changes were then incorporated into the Alberta Traffic Safety Act, and some of those changes recently came into effect.
In brief, the Act introduced progressive penalties for drivers with blood alcohol concentrations (“BAC”) of .05 or greater; added tougher penalties for drivers with BACs of over .08; and established a stronger zero tolerance policy for new drivers. In many ways, these changes are similar to changes that were introduced in British Columbia a few years ago.
Let’s look at some of the differences in a bit more detail.
Under the old law, Alberta drivers caught with BACs of .05 or greater are subject to a 24-hour suspension. Under the new law (see s.88 of the Traffic Safety Act), starting September 1, 2012 these same drivers would be subject to the following:

for first-time offenders, an immediate (i.e. roadside) 3-day licence suspension and a 3 day vehicle seizure;
for a second offence, an immediate 15-day licence suspension and a 7-day vehicle seizure, and a mandatory remedial course (for which the driver must pay); and
for third (and subsequent) offences, an immediate 30-day suspension and 7-day vehicle seizure for third, a remedial course, and a mandatory review by the Alberta Transportation Safety Board.

Under the old law, Alberta drivers caught with BACs of .08 or greater faced criminal charges and the possibility of having to install a device in their car that tests the driver’s breath and prevents the car from starting if it detects the presence of alcohol (the “ignition interlock”). The installation, removal and rental fee of the ignition interlock had to be paid for by the driver. The requirement for the ignition interlock was discretionary (i.e. it was up to the police to decide if that would or would not be a requirement). Under the new rules, drivers whose BACs are over .08:

will continue to face criminal charges;
will have their licences immediately suspended until the charges are resolved; and
for a first conviction, will require the ignition interlock for 1 year, for a second conviction will require it for 3 years, and for a third conviction will require it for 5 years (all still at the driver’s expense).

Under the old law, new drivers were already required to maintain a BAC of zero. However, now tougher penalties are in place. Graduated drivers who arestopped with any blood alcohol level at all will receive an immediate 30-day licence suspension and 7-day vehicle seizure. In addition, each such 30-day suspension will require one additional year in the Graduated Licence Program.
Drivers who have been accused under these provisions may: request a second roadside breath test; and challenge these penalties by appealing to the Alberta Transportation Safety Board (ATSB) before their criminal trial. However, the license suspension remains in effect during any appeal process.
Although we can likely all agree that driving under the influence is a bad thing (no matter how much we might like MadMen) and that BAC-related motor-vehicle accidents are high, the interesting question here will be whether or not this law will last.
The problem? Well – that pesky constitution of ours again!
Just for fun, let’s take a look at two sections that might come into play.

Some might argue that the new rules are “criminal” in nature and that, therefore, the provincial government has no right to pass such laws (criminal laws are in the federal jurisdiction – s.91(27) of the Constitution Act, 1867). This argument was attempted in British Columbia after it passed similar legislation. Although the British Columbia Supreme Court found that the provisions in question were not outside the jurisdiction of the province (see Sivia v British Columbia (Superintendent of Motor Vehicles), “Sivia”), an Alberta court might not make the same finding (as always, the devil is in the details!);

Section 11(d) of the Canadian Charter of Rights and Freedoms provides that: “any person charged with an offence has the right […] to be presumed innocent until proven guilty according to law in a fair and public hearing by an independent and impartial tribunal”. In the original law discussed in Sivia, it was not possible for the results of the roadside screening device to be challenged. That has since been changes, and, as noted above, the Alberta rules do provide for an appeal to the ATSB). However, that appeal could take longer that the suspension itself (especially for first-time offenders). The question therefore, is whether that is enough of an appeal mechanism to satisfy s.11(d) of the Charter. In addition, some might argue that that the indefinite license suspension means that more people will simply plead guilty right away so they can get their license back.

Whoever said the constitution wasn’t interesting?
For more information about the new rules, see the information provided on the Alberta Transportation website.
For more information on the constitutional implications, please see this article by the University of Alberta’s Centre of Constitutional Studies.

Canada Day long weekend can be the perfect time to let loose, and off-roading on an ATV can be the perfect way to do it. But ATVs can be dangerous and there are rules regulating their use. So what are these rules, and what do you need to know before off-roading in your area?
Hunting down information on ATV regulations can be tricky, in part, because the laws governing ATVs vary across the country. For this blog post, we’re going to focus on two levels of government that regulate ATV use in Alberta: the provincial government with the Alberta Traffic Safety Act, and municipal governments with local bylaws. Sometimes the local bylaws will mirror the provincial legislation but sometimes they will not. So what you can do in a city may be different from what you can do in a provincially controlled area.
Definitions are important when it comes to legislation and bylaws. ATVs are known by several different names like quads, off-road vehicles, and off-highway vehicles. However, the definition often used in legislation is “Off-Highway Vehicles” or OHVs.
First off, it is important to know whether you will be riding on private land or public land because the regulations often differ between the two. For example, the Alberta Traffic Safety Act states that a driver can operate an OHV on private land without a license, registration, or insurance. However, if the driver wishes to scoot around on any designated public land then they must have all three.
OHV use is often restricted on public land. The Alberta Traffic Safety Act restricts OHV use on all highways. Their definition of a highway includes any street, road, lane or alley and adjacent sidewalks and ditches. This includes private highways that are ordinarily used by public vehicles.
Some municipalities have chosen to blaze their own trail and have passed bylaws allowing for OHV use on municipal highways. The County of Wetaskawin passed a bylaw in 2010 allowing for OHVs on highways if used for farming, and in 2012 they passed a bylaw for OHVs on highways if used for recreation.
There are also areas of public land that are specifically designated for OHV use such as the “Timeu Creek OHV Recreation Area” which is 40km north of Barrhead.
Knowing where you can ride is only half the battle. The other half is knowing the rules of riding. The rules of riding will often differ between provincial legislation and municipal bylaws. For example, there are no provincial regulations regarding passengers on OHVs but municipalities, like Breton, often have bylaws that limit passengers to the amount the OHV is designated to carry.
Alberta is one of only two provinces without mandatory helmet laws, but some Alberta municipalities have passed their own helmet laws. This includes Parkland County, where the driver and all passengers are required to wear a helmet while on a highway or in a park within the County.
This is only a brief overview of some of the OHV regulations found in Alberta, and it important to take a look at the links provided for further criteria if you will be riding in any of the areas I’ve mentioned. But no matter where you’re going, you should take a look at the Alberta Traffic Safety Act and check with the municipality where you will be riding for any bylaws. You can do this by checking the municipality’s website for bylaw information, or by calling their local Police or RCMP detachment for information. Make sure that you are clear on where you can ride and what rules you have to follow while riding. That way you won’t have to worry about drifting outside the law’s boundaries while enjoying summer sun.

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