Changes proposed to the province’s Highway Traffic Act would further strengthen sanctions given to those who drink and then get behind the wheel, Attorney General Andrew Swan announced.
“These changes build on Manitoba’s nationally recognized efforts to combat impaired driving, making our legislation even more rigorous and comprehensive,” said Swan. “We want to make short-term suspensions longer for people who repeatedly drive with a blood alcohol concentration between .05 and .08 or fail a physical co-ordination test, and we don’t want operators to avoid road-safety measures based on the mode of transportation they picked to commit an offence.”
Currently, short-term suspensions lasting 24 hours can be imposed for driving with a blood-alcohol concentration (BAC) of .05 per cent or higher, failing a physical co-ordination test and for refusing or being too impaired to comply with a demand for a breath, blood or physical co-ordination test. There is no opportunity to appeal such suspensions.
The proposed changes would see the province adopt tiered, short-term suspensions of 24 hours for a first violation of driving with a BAC of .05 to .08 or failing a physical co-ordination test, 15 days for a second violation, 30 days for a third violation and 60 days for a fourth or subsequent violation. The window for determining who is a repeat violator would increase to 10 years from three years.
Suspended drivers will be allowed to challenge the grounds for the suspension and apply for a conditional restricted driver’s licence if the suspension is upheld but will result in undue hardship, such as job loss.
Under existing legislation, drivers who record a BAC over .08 or who refuse to comply with a demand for a breath, blood or physical co-ordination test also receive a three-month driver’s licence suspension effective within seven days of the incident, but may appeal to the registrar of motor vehicles to review the grounds for the suspension and confirm if it should be upheld or overturned. The proposed changes would eliminate the seven-day gap and have the three-month suspension take effect immediately at roadside, replacing the current 24-hour suspension for this offence.
The operation of boats, trains and planes is federally regulated, so the province cannot pass legislation related to their operation. However, the province can extend road-vehicle driver’s licence suspension sanctions that apply to those found driving a road vehicle while impaired to people found operating boats, planes and trains while impaired.
Currently, those charged with impaired operation of a vessel, railway equipment or aircraft do not receive a 24-hour motor-vehicle driver’s licence suspension or any other sanctions under the Highway Traffic Act.
“Impaired people should be restricted from driving their car or truck until they’ve had a chance to get sober and there are no concerns about them having an ongoing alcohol problem,” said Swan.
