When charged and convicted of certain offence under the Criminal Code of Canada or Highway Traffic Act, the court may prohibit you from driving, Manitoba registrar of motor vehicles may suspend you from driving, or both.
For instance if you are convicted of impaired driving, the court will order a driving prohibition. The length of the driving prohibition for impaired driving offence have mandatory minimums, but can be lengthened depending on the circumstances of the offence. At the same time, the registrar of motor vehicles upon being provided notice of your conviction will suspend your licence.
The registrar of motor vehicles will suspend your licence under other circumstances as well. Section 264 of the Manitoba Highway Traffic Act provides the the list of offences under the Criminal Code and Highway Traffic Act which will result in automatic suspensions. Depending on the number of convictions you have committed within a 10-year period, your licence will be suspended for 1 year, 5 years, 10 year or your lifetime.
In order to be granted a conditional licence, you must apply to the Licence Suspension Appeal Board.
The Licence Suspension Appeal Board may grant conditional driving privileges if they are satisfied that:
- Exceptional hardship will result if the suspension remains in effect; AND,
- The granting of a conditional licence is not contrary to the public interest.
The concept of public safety is based primarily on the idea of ensuring road safety. When the Licence Suspension Appeal Board considers public interest they look at factors such as:
- type of offence(s) on the driver’s record;
- the length of the suspension;
- the amount of the suspension time served to date;
- acceptance of responsibility for the driving behaviour and attitude towards driving/road safety;
- an understanding of the seriousness and consequences of the offence(s);
- an understanding of the actual or potential harm and risk caused by the offence(s);
- a demonstrated willingness to respect and obey the law;
- a demonstration of appropriate changes;
- any previous suspensions; and,
- how a reasonable person would react to the Board’s decision if conditional driving privileges were granted.
There are different application requirements to appeal to the Licence Suspension Appeal Board based upon whether your driver’s licence was suspended by the Manitoba registrar of motor vehicles as a result of a show cause hearing, or by the courts as a result of a conviction.
There is a $130.00 non-refundable application fee. You must fully complete the application, including your driver’s licence number. Supporting documents are required that support your request for driving privileges. The Licence Suspension Appeal Board provides guidelines for the supporting document that must be followed.
You will receive a Notice of Hearing approximately 2 weeks before your hearing date. At your hearing you will appear in front of a panel of board members who will questions you about your application, driving request and exceptional hardship. After your hearing is completed you will be notified by mail of the board’s decision. If your suspension was a result of a criminal conviction, you will be required to provided additional supporting documents and information.
Joshua Rogala has successfully represented clients at Show Cause Hearings with Manitoba Public Insurance and at the Licence Suspension Appeal Board hearings.
If you are charged with a driving related offence, or have received a letter from Manitoba Public Insurance regarding the suspension of your driver’s license, please do not hesitate to contact me for assistance.