Provincial

SECTION 2.

PROVINCIAL

Traffic Safety Act, R.S.A 2000 c. T-6

Demerit Point Program, Alta Reg. 331/2002

Legislation can and does change at anytime. This site, while updated regularly, cannot guarantee that the Legislation has not changed. Consult our lawyers to be certain.

 

Divisional Disqualifications Arising from Offence

Alberta Administrative Licence Suspension

Appeals

Careless Driving

Demerit Point Program and Demerit Points Schedule 1 & 2

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Divisional Disqualifications Arising from Offence

 

Alberta Administrative Licence Suspension

 

Appeals

 

Careless Driving

 

Demerit Point Program and Demerit Points Schedule 1 & 2

DEMERIT POINTS SCHEDULE 1

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SECTION 82

Operator’s licence suspended

When a person is disqualified from driving a motor vehicle in Alberta,

(a) that person’s operator’s licence, if that person holds a subsisting operator’s licence, is suspended, and

(b) that person is disqualified from holding an operator’s licence,

during the time that the person is disqualified from driving.

 

SECTION 83

Disqualification for impaired driving

(1) When a person is found guilty under section 253 or 254 of the Criminal Code (Canada) anywhere in Canada, that person on being found guilty becomes disqualified from driving a motor vehicle for a period of one year from the day of the finding of guilt.

 

SECTION 83

Disqualification for impaired driving

(2) Notwithstanding subsection (1), if a person

(a) is found guilty under section 253 or 254 of the Criminal Code (Canada) anywhere in Canada, and

(b) has, in the preceding 10 years, been found guilty of an offence under section 253 or 254 of the Criminal Code (Canada) anywhere in Canada,

that person on being found guilty of the offence referred to in clause (a) becomes disqualified from driving a motor vehicle in Alberta for a period of 3 years from the day of the finding of guilt.

 

SECTION 83

Disqualification for impaired driving

(3) Notwithstanding anything in this section, when a person

(a) is found guilty under section 253 or 254 of the Criminal Code (Canada) anywhere in Canada, and

(b) has, in the preceding 10 years, been found guilty of

(i) 2 offences under section 253 or 254 of the Criminal Code (Canada), or

(ii) one offence under section 253 of the Criminal Code (Canada) and one offence under section 254 of the Criminal Code (Canada)

anywhere in Canada, unless those 2 offences arose out of the same incident,

that person on being found guilty of the offence referred to in clause (a) becomes disqualified from driving a motor vehicle in Alberta for a period of 5 years from the day of the finding of guilt

 

SECTION 84

Driving while prohibited under Criminal Code

If a person is found guilty anywhere in Canada of an offence under section 259(4) of the Criminal Code (Canada), that person on being found guilty becomes disqualified from driving a motor vehicle in Alberta for a period of 6 months from the day of the finding of guilt.

 

SECTION 87

Licence disqualification

(1) When a person is found guilty under section 249(1), 249.1(1) or 252(1) of the Criminal Code (Canada) anywhere in Canada, that person on being found guilty becomes disqualified from driving a motor vehicle in Alberta for a period of one year from the day of the finding of guilt.

 

SECTION 87

Licence disqualification

(2) When a person is found guilty under section 249(3) or (4), 249.1(3), 252(1.2) or (1.3) or 255(2) or (3) of the Criminal Code (Canada) anywhere in Canada, that person on being found guilty becomes disqualified from driving a motor vehicle in Alberta for a period of 5 years from the day of the finding of guilt.

 

SECTION 95

Punishment re driving while disqualified

(1) A person who is guilty of contravening section 94 is liable

(a) for a first offence to a fine of not more than $2000 and in default of payment to a term of imprisonment of not less than 14 days nor more than 6 months, and

(b) for each subsequent offence committed within one year after the commission of the offence referred to in clause (a), to imprisonment for a term of not less than 14 days nor more than 6 months.

(2) Subject to section 98, a person who is guilty of contravening section 94 is disqualified from driving a motor vehicle in Alberta for a period of 6 months from the day of the finding of guilt.

Alberta Administrative Licence Suspension

  • Three (3) & Six (6) Month Suspension Section 88(1-7)
  • 24 Hour Suspension Section 89
  • 1 Month Suspension for Novice Drivers Section 90
  • General Power to Disqualify Section 91(1)
  • Operate Motor Vehicle While Unauthorized Section 94(1-2)

 

SECTION 88

3- and 6-Month Suspensions, etc.

(1) In this section,

(a) “alcohol-related driving of a motor vehicle” means those circumstances referred to in subsection (2)(a) and (b)(i) and (ii);

(a.1) “drug-related driving of a motor vehicle” means those circumstances referred to in subsection (2)(a) and (b)(i.1) and (iii);

(b) “bodily harm” means any hurt or injury to a person that interferes with the health or comfort of the person and that is more than merely transient or trifling in nature;

(c) “notice of disqualification” means a notice of disqualification referred to in subsection (2);

(d) “notice of suspension” means a notice of suspension referred to in subsection (2);

(e) “peace officer” means a police officer as defined in section 1 of the Police Act;

(f) “temporary operator’s permit” means a temporary operator’s permit issued under subsection (2).

(2) Where,

(a) a peace officer has reasonable and probable grounds to believe that a person drove a motor vehicle, and

(b) in relation to that person driving that motor vehicle, the peace officer,

(i) has reasonable and probable grounds to believe that the person has consumed alcohol in such a quantity that the concentration of alcohol in that person’s blood exceeds 80 milligrams of alcohol in 100 milliliters of blood,

(i.1) has reasonable and probable grounds to believe that the person’s ability to operate a motor vehicle is impaired by a drug, alcohol or a combination of a drug and alcohol,

(ii) has reasonable and probable grounds to believe that the person while having alcohol in that person’s body failed or refused, without a reasonable excuse, to comply with a demand made on that person under section 254 of the Criminal Code (Canada), or

(iii) has reasonable and probable grounds to believe that the person while having a drug, or a combination of a drug and alcohol, in that person’s body failed or refused, without a reasonable excuse, to comply with a demand made on that person under section 254 of the Criminal Code (Canada),

the peace officer shall, on behalf of the Registrar,

(c) in the case of a person who holds an operator’s licence,

(i) require that person to surrender to the peace officer that operator’s licence and issue to that person a temporary operator’s permit, and

(ii) serve on that person a notice of suspension of that person’s operator’s licence;

(d) in the case of a person who holds a temporary operator’s permit,

(i) require that person to surrender to the peace officer that temporary operator’s permit, and

(ii) serve on that person a notice of suspension of that temporary operator’s permit;

(e) in the case of a person who holds a licence or permit issued in another jurisdiction that permits the person to operate a motor vehicle, serve on that person a notice of disqualification

(i) disqualifying that person from operating a motor vehicle, and

(ii) disqualifying that person from applying for or holding an operator’s licence;

(f) in the case of a person who does not hold an operator’s licence, serve on that person a notice of disqualification disqualifying that person from applying for or holding an operator’s licence.

(3) Where,

(a) a person’s operator’s licence is surrendered and a temporary operator’s permit is issued under subsection (2)(c),

(i) that person is immediately disqualified from driving a motor vehicle in Alberta and remains so disqualified until the temporary operator’s permit comes into effect,

(ii) the temporary operator’s permit comes into effect at the expiration of 24 hours from the time that the disqualification referred to in subclause (i) came into effect, and

(iii) the temporary operator’s permit expires at the end of the 21st day following the day on which the temporary operator’s permit came into effect;

(b) a notice of suspension is served on a person under subsection (2)(c), the suspension, with respect to the surrendered operator’s licence, takes effect immediately on the expiration of the temporary operator’s permit issued in respect of the surrendered operator’s licence;

(c) a notice of suspension is served on a person under subsection (2)(d), the suspension, with respect to the surrendered temporary operator’s permit, takes effect immediately on the service of the notice;

(d) a notice of disqualification is served on a person under subsection (2)(e),

(i) that person is immediately disqualified from driving a motor vehicle in Alberta, but that disqualification temporarily ceases to have effect at the end of 24 hours from the time that the notice of disqualification was served on that person, and

(ii) that person is, at the end of the 21st day following the day on which the disqualification temporarily ceased to have effect under subclause (i), once again disqualified from driving a motor vehicle in Alberta;

(e) a notice of disqualification is served on a person under subsection (2)(f), the disqualification takes effect immediately on the service of the notice.

(4) A temporary operator’s permit, during the period of time that it is in effect, stands in the place of the surrendered operator’s licence and is subject to the same terms and conditions as those to which the surrendered operator’s licence was subject.

(5) A suspension or disqualification that comes into effect under subsection (3)(b), (d) or (e) is in effect, unless otherwise directed by the Board pursuant to an appeal under section 39, until the end of the 3-month period that commences on the day that the suspension or disqualification takes effect.

(6) Notwithstanding subsection (5), where a peace officer on reasonable and probable grounds believes that the alcohol-related driving of a motor vehicle or drug-related driving of a motor vehicle, or both, by a person has caused bodily harm to or the death of another person, a suspension or disqualification that comes into effect under subsection (3)(b), (d) or (e) is in effect, unless otherwise directed by the Board pursuant to an appeal under section 39, until the end of the 6-month period that commences on the day that the suspension or disqualification takes effect.

(6.1) For the purposes of subsections (5) and (6), a disqualification referred to in subsection (3)(d) is deemed to come into effect when the disqualification once again comes into effect under subsection (3)(d)(ii).

(7) Notwithstanding that a person refuses or fails

(a) to accept from a peace officer service of a notice of suspension or a notice of disqualification, that notice is deemed to have been served at the time that the peace officer attempted to serve that notice on that person;

(b) to surrender an operator’s licence or a temporary operator’s permit, that refusal or failure does not prevent the suspension or disqualification from taking effect;

(c) to accept service of a notice of suspension or a notice of disqualification, that refusal or failure does not prevent the suspension or disqualification from taking effect.

 

SECTION 89

24-Hour Disqualification re alcohol or drug

(1) If a peace officer reasonably suspects that the driver of a motor vehicle has consumed alcohol or otherwise introduced into the driver’s body any alcohol, drug or other substance in such a quantity so as to affect the driver’s physical or mental ability, the peace officer may require the driver to surrender the driver’s operator’s licence to the peace officer.

(2) On being required by a peace officer to surrender the driver’s operator’s licence under subsection (1), the driver

(a) Is disqualified from driving a motor vehicle in Alberta, and

(b) shall forthwith surrender the driver’s operator’s licence, if the driver is the holder of an operator’s licence, to the peace officer.

(3) The refusal or other failure of a driver to surrender an operator’s licence under subsection (2) does not prevent the disqualification from driving from taking effect.

(4) A disqualification from driving arising pursuant to this section terminates at the end of 24 hours from the time that the disqualification came into effect.

(5) Notwithstanding subsection (4), if the disqualification from driving arises in respect of the use of alcohol and the driver voluntarily,

(a) at a place designated by the peace officer, undergoes a test the purpose of which is to show the proportion of alcohol in the driver’s blood, and the result of that test indicates that the proportion of alcohol in the driver’s blood does not exceed 80 milligrams of alcohol in 100 milliliters of blood, or

(b) produces to the peace officer a certificate signed by a physician stating that the driver’s blood, as tested by the physician after the commencement of the disqualification from driving, did not contain more than 80 milligrams of alcohol in 100 milliliters of blood,

the peace officer shall forthwith return the operator’s licence, if any, to the driver and the disqualification from driving is terminated.

(6) With respect to a driver of a vehicle, this section does not apply to a case arising out of the circumstances described in subsection (1)

(a) when a peace officer decides to lay an information against the driver alleging that the driver has, in contravention of the Criminal Code (Canada), committed any offence

(i) involving the actual driving of a motor vehicle by the driver, and

(ii) involving

(A) the condition of the driver or the amount of alcohol in the driver’s blood, as the case may be, resulting from the consumption by the driver of alcohol, or

(B) the condition of the driver resulting from the introduction by the driver into the driver’s body of any drug or other substance,

or

(b) where the driver’s operator’s licence is suspended or the driver is disqualified from driving a motor vehicle under section 88.

 

SECTION 90

One-Month Suspension re novice driver

(1) In this section,

(a) “approved screening device” means a device that is designed to ascertain the presence of alcohol in a person’s blood and that is

(i) an approved screening device within the meaning of section 254 of the Criminal Code (Canada), or

(ii) approved under this Act by the Lieutenant Governor in Council to be used for the purposes of this section;

(b) “notice of suspension” means a notice of suspension referred to in subsection (4);

(c) “novice driver” means a person who holds a novice operator’s licence;

(d) “novice operator’s licence” means an operator’s licence classified as a learner’s operator’s licence or a probationary operator’s licence;

(e) “peace officer” means a police officer as defined in section 1 of the Police Act;

(f) “temporary novice operator’s permit” means a temporary novice operator’s permit issued under subsection (4).

(2) If a peace officer reasonably suspects that the driver of a motor vehicle who is a novice driver, having consumed alcohol, drove the motor vehicle, the peace officer may require that the novice driver forthwith provide a breath sample into an approved screening device.

(3) On being required to provide a breath sample under subsection (2), the novice driver must provide a breath sample forthwith.

(4) Where a novice driver

(a) provides a breath sample under subsection (3) and the breath sample registers a result on the approved screening device that indicates the presence of alcohol in that driver’s blood, or

(b) without a reasonable excuse fails or refuses to provide a breath sample when required to do so by a peace officer under subsection (2),

the peace officer shall, on behalf of the Registrar,

(c) in the case of a person who holds a novice operator’s licence,

(i) require that person to surrender to the peace officer that novice operator’s licence and issue to that person a temporary novice operator’s permit, and

(ii) serve on that person a notice of suspension of that person’s novice operator’s licence;

(d) in the case of a person who holds a temporary novice operator’s permit,

(i) require that person to surrender to the peace officer that temporary novice operator’s permit, and

(ii) serve on that person a notice of suspension of that temporary novice operator’s permit.

(5) Where

(a) a person’s novice operator’s licence is surrendered and a temporary novice operator’s permit is issued under subsection (4)(c),

(i) that person is immediately disqualified from driving a motor vehicle in Alberta and remains so disqualified until the temporary novice operator’s permit comes into effect,

(ii) the temporary novice operator’s permit comes into effect at the expiration of 24 hours from the time that the disqualification referred to in subclause (i) came into effect, and

(iii) the temporary novice operator’s permit expires at the end of the 7th day following the day on which the temporary novice operator’s permit came into effect;

(b) a notice of suspension is served on a person under subsection (4)(c), the suspension, with respect to the surrendered novice operator’s licence, takes effect immediately on the expiration of the temporary novice operator’s permit issued in respect of the surrendered novice operator’s licence;

(c) a notice of suspension is served on a person under subsection (4)(d), the suspension, with respect to the surrendered temporary novice operator’s permit, takes effect immediately on the service of the notice.

(6) A temporary novice operator’s permit, during the period of time that it is in effect, stands in the place of the surrendered novice operator’s licence and is subject to the same terms and conditions as those to which the surrendered novice operator’s licence was subject.

(7) A suspension that comes into effect under subsection (5)(b) is in effect, unless otherwise directed by the Board pursuant to an appeal under section 39.1, until the end of the one-month period that commences on the day that the suspension takes effect.

(8) Notwithstanding that a person refuses or fails

(a) to accept from a peace officer service of a notice of suspension, that notice is deemed to have been served at the time that the peace officer attempted to serve that notice on that person;

(b) to surrender a novice operator’s licence or a temporary novice operator’s permit, that refusal or failure does not prevent the suspension from taking effect;

(c) to accept service of a notice of suspension, that refusal or failure does not prevent the suspension or disqualification from taking effect.

(9) With respect to a driver of a vehicle, this section does not apply to a case arising out of the circumstances described in subsection (2)

(a) when a peace officer decides to lay an information against the driver alleging that the driver has, in contravention of the Criminal Code (Canada), committed any offence

(i) involving the actual driving of a motor vehicle by the driver, and

(ii) involving

(A) the condition of the driver or the amount of alcohol in the driver’s blood, as the case may be, resulting from the consumption by the driver of alcohol, or

(B) the condition of the driver resulting from the introduction by the driver into the driver’s body of any drug or other substance,

or

(b) where the driver’s operator’s licence is suspended or the driver is disqualified from driving a motor vehicle under section 88.

 

SECTION 91

Disqualification, etc. by Registrar

(1) The Registrar may disqualify a person from driving a motor vehicle in Alberta or cancel or suspend the certificate of registration issued for a person’s motor vehicle, or both disqualify a person from driving a motor vehicle and cancel or suspend the certificate of registration issued for the person’s motor vehicle,

(a) if that person contravenes this Act or the Fuel Tax Act;

(b) if the Registrar is not satisfied as to the competency of that person;

(c) if the Registrar is satisfied that the person is not qualified or does not have the ability to operate a motor vehicle;

(d) for any other reason appearing to the Registrar to be sufficient.

 

SECTION 94
Prohibition re driving while unauthorized
(1) For the purposes of this section, a person is an unauthorized driver if

(a) that person’s operator’s licence is suspended or cancelled under this Act,

(b) that person is disqualified from driving a motor vehicle in Alberta,

(c) that person’s licence or permit to operate a motor vehicle in a jurisdiction outside Alberta is suspended or cancelled, or

(d) that person’s privilege to secure a licence or permit to operate a motor vehicle in a jurisdiction outside Alberta is suspended or cancelled.

(2) A person shall not drive a motor vehicle on a highway at any time during which that person is an unauthorized driver.

Punishment

Punishment re driving while disqualified

(1) A person who is guilty of contravening section 94 is liable

(a) for a first offence to a fine of not more than $2000 and in default of payment to a term of imprisonment of not less than 14 days nor more than 6 months, and

(b) for each subsequent offence committed within one year after the commission of the offence referred to in clause (a), to imprisonment for a term of not less than 14 days nor more than 6 months.

(2) Subject to section 98, a person who is guilty of contravening section 94 is disqualified from driving a motor vehicle in Alberta for a period of 6 months from the day of the finding of guilt.

Appeals

  • Appeals from Three (3) & Six (6) Month Suspensions Section 39(1-6)
  • Appeals from One (1) Year Suspension Section 39.1(1-6)

 

SECTION 39
Appeals re 3-month suspension, etc.

(1) In this section, “alcohol-related driving of a motor vehicle”, “drug-related driving of a motor vehicle”, “peace officer” and “temporary operator’s permit” mean alcohol-related driving of a motor vehicle, drug-related driving of a motor vehicle, peace officer and temporary operator’s permit as defined in section 88.

(2) Where, with respect to the alcohol-related driving of a motor vehicle, the drug-related driving of a motor vehicle, or both,

(a) a person’s operator’s licence or temporary operator’s permit is suspended, or

(b) a person is disqualified from acquiring or holding an operator’s licence or from operating a motor vehicle

under section 88, the person may appeal that suspension or disqualification to the Board.

(3) In an appeal under this section, the Board shall consider

(a) any relevant sworn or solemnly affirmed statements and any other relevant information;

(b) the report of the peace officer;

(c) a copy of any certificate of analysis under section 258 of the Criminal Code (Canada) without proof of the identity and official character of the person appearing to have signed the certificate or that the copy is a true copy;

(d) where an oral hearing is held, in addition to the matters referred to in clauses (a), (b) and (c), any relevant evidence and information given or presentations made at the hearing.

(4) An appellant is not compelled to give evidence in an appeal under this section.

(5) If, after conducting an appeal under this section, the Board is satisfied that

(a) t he person drove a motor vehicle having consumed alcohol in such a quantity that the concentration of alcohol in that person’s blood exceeded 80 milligrams of alcohol in 100 milliliters of blood, at any time within 3 hours after having driven a motor vehicle,

(a.1) the person drove a motor vehicle having consumed a drug, alcohol or a combination of a drug and alcohol in such a quantity that the person’s ability to operate the motor vehicle was impaired at any time within 3 hours after having driven a motor vehicle, or

(b) the person, with respect to the driving of a motor vehicle, failed or refused, without a reasonable excuse, to comply with a demand made on that person under section 254 of the Criminal Code (Canada),

the Board must confirm the suspension or disqualification.

(6) If, after conducting an appeal under this section, the Board is satisfied

(a) t hat the person did not drive a motor vehicle having consumed alcohol in such a quantity that the concentration of alcohol in that person’s blood exceeded 80 milligrams of alcohol in 100 milliliters of blood at any time within 3 hours after having driven a motor vehicle,

(a.1) that the person did not drive a motor vehicle having consumed a drug, alcohol or a combination of a drug and alcohol in such a quantity that the person’s ability to operate the motor vehicle was impaired at any time within 3 hours after having driven a motor vehicle, or

(b) that, with respect to the driving of a motor vehicle,

(i) the person did not fail or refuse to comply with a demand made on that person under section 254 of the Criminal Code (Canada), or

(ii) the person had a reasonable excuse for failing or refusing to comply with the demand referred to in subclause (i),

the Board must cancel the suspension or disqualification and direct the return to that person of any fees paid to the Government by the person in respect of the appeal conducted under this section.

 

SECTION 39.1
Appeals re one-month suspension re novice operator’s licence

(1) In this section, “novice driver”, “novice operator’s licence”, “peace officer” and “temporary novice operator’s permit” mean novice driver, novice operator’s licence, peace officer and temporary novice operator’s permit as defined in section 90.

(2) A person whose novice operator’s licence or temporary novice operator’s permit is suspended under section 90 may appeal that suspension to the Board.

(3) In an appeal under this section, the Board shall consider

(a) any relevant sworn or solemnly affirmed statements and any other relevant information;

(b) the report of the peace officer;

(c) where an oral hearing is held, in addition to the matters referred to in clauses (a) and (b), any relevant evidence and information given or presentations made at the hearing.

(4) An appellant is not compelled to give evidence in an appeal under this section.

(5) If, after conducting an appeal under this section, the Board is satisfied that at the time of the suspension

(a) the person was a novice driver,

(b) the person held a novice operator’s licence or a temporary novice operator’s permit, and

(c) the person,

(i) having consumed alcohol, drove a motor vehicle, or

(ii) without a reasonable excuse, failed or refused to provide a breath sample when required to do so under section 90,

the Board must confirm the suspension.

(6) If, after conducting an appeal under this section, the Board is satisfied that at the time of the suspension

(a) the person was not a novice driver,

(b) the person did not hold a novice operator’s licence or a temporary novice operator’s permit,

(c) the person, having consumed alcohol, had not driven a motor vehicle, or

(d) the person, having failed or refused to provide a breath sample when required to do so under section 90, had a reasonable excuse for doing so,

the Board must

(e) cancel the suspension, and

(f) direct the return to that person of any fees paid to the Government by the person in respect of the appeal conducted under this section.

Careless Driving

  • Careless Driving Section 115

 

SECTION 115
Prohibited operation of vehicles, etc.

(1) For the purposes of this section, a driver of a vehicle is driving carelessly if that driver drives the vehicle

(a) without due care and attention, or

(b) without reasonable consideration for persons using the highway.

(2) A person shall not do any of the following:

(a) except where otherwise provided for under this Act, drive a vehicle in a manner contrary to the Rules of the Road or regulations governing the operation of vehicles;

(b) drive a vehicle on a highway in a manner that constitutes driving carelessly;

(c) drive a vehicle on a highway in a race unless authorized pursuant to a permit issued under subsection (3);

(d) drive a vehicle on a highway on a bet or wager;

(e) perform or engage in any stunt or other activity that is likely to distract, startle or interfere with users of the highway;

(f) drive a vehicle so as to perform or engage in any stunt or other activity on a highway that is likely to distract, startle or interfere with other users of the highway;

(g) drive a non-repairable vehicle on a highway;

(h) drive a salvage motor vehicle on a highway unless it is being operated for the purposes of conducting a road test under the regulations;

(i) where that person is the driver of a vehicle, permit any person, animal or thing to occupy the front seat of the vehicle in such a manner so as to impede the driver in the free and uninterrupted access to and use of the steering wheel, brakes and other equipment required to be used for the safe operation of the vehicle;

(j) where that person is the driver of a vehicle, permit any person, animal or thing in the vehicle to cause any obstruction to the driver’s clear vision in any direction;

(k) ride in a position in a vehicle that interferes with the driver’s control over the driving mechanism of the vehicle or that obstructs the driver’s clear vision in any direction;

(l) where the person is the driver of a vehicle, exchange places with any other person when the vehicle is in motion;

(m) exchange places with the driver when the vehicle is in motion;

(n) operate an over-dimensional vehicle on a highway other than in accordance with the terms and conditions specified in a permit or under this Act;

(o) REPEALED: SA 2001 c14 s16 effective May 20, 2003 (Alta. Gaz. 2002, p. 2717)

(p) drive a vehicle on a highway at a speed that is greater than the maximum speed limit established or prescribed for that highway under

(i) this Act,

(ii) the Government Property Traffic Act (Canada), or

(iii) the National Parks Act (Canada);

(p.1) drive a vehicle on a portion of a highway that is under construction or repair or is in a state of disrepair at a speed that is greater than the maximum speed limit established or prescribed under section 108(1)(g) for that portion of highway;

(p.2) drive a vehicle on a portion of a highway at a speed that is greater than the maximum speed limit established or prescribed under section 108(1)(g) for that portion of highway where there are persons present on the highway who are constructing or repairing that portion of highway or who are directing traffic in connection with the construction or repair of that portion of highway;

(q) drive a vehicle on a highway at a speed that is less than the minimum speed limit established or prescribed for that highway under this Act;

(r) where a maximum speed limit is established or prescribed under this Act for a highway with respect to a period of time, drive a vehicle on a highway during that period of time at a speed that is greater than the maximum speed limit established or prescribed for that highway for that period of time;

(s) where a minimum speed limit is established or prescribed under this Act for a highway with respect to a period of time, drive a vehicle on a highway during that period of time at a speed that is less than the minimum speed limit established or prescribed for that highway for that period of time.

(t) subject to subsection (4), drive a vehicle on a highway at a speed greater than 60 kilometers per hour, or the maximum speed limit established or prescribed for that highway under

(i) this Act,

(ii) the Government Property Traffic Act (Canada), or

(iii) the National Parks Act (Canada),

whichever is lower, if the vehicle

(iv) is traveling on the same side of the highway as a stopped emergency vehicle or tow truck, and

(v) is passing the stopped emergency vehicle or tow truck when its flashing lamps are operating.

(3) Notwithstanding subsection (2)(c), the Registrar or the road authority may issue a permit authorizing a race to be held on a highway subject to any terms or conditions that the Registrar or the road authority considers appropriate.

(4) Subsection (2)(t) does not apply if there are 2 or more traffic lanes for traffic moving in the same direction as the vehicle and there is at least one traffic lane between the driver’s vehicle and the stopped emergency vehicle or tow truck.

 

Demerit Point Program and Demerit Points Schedule 1 & 2

SECTION 1
Definitions

In this Regulation,

(a) “Act” means the Traffic Safety Act;

(b) “demerit offence” means an offence specified in Schedule 1 or 2;

(c) “driving record” means the driving record of a person maintained by the Registrar under the Traffic Safety Act.

 

Part 1

SECTION 2
Demerit point program established

The demerit point program for drivers is established by this Regulation.

 

Demerit Point Program

SECTION 3
Registrar’s obligations

The Registrar must, in accordance with this Regulation, record on or remove from a driving record any demerit points that are assessed against a driver or are to be removed from a driving record.

 

Division 1

SECTION 4
Recording demerit points for demerit offences

(1) The demerit points specified opposite an offence described in Schedules 1 and 2 must be assessed against a driver and recorded by the Registrar in the driver’s driving record in the following circumstances:

(a) if the person is convicted of a demerit offence, unless the person’s operator’s licence is suspended by the court for that conviction under section 86(1) of the Act;

(b) if under section 38(2) of the Act the Alberta Transportation Safety Board terminates the suspension of an operator’s licence that the court imposed under section 86(1) of the Act;

(c) if the person makes a voluntary payment under the regulations under the Provincial Offences Procedures Act in respect of a demerit offence.

(2) If a person is convicted of an offence under

(a) an enactment of another province or the Parliament of Canada, or

(b) an enactment of the United States of America or any state in the United States of America,

that is, in the opinion of the Registrar, equivalent to a conviction of a demerit offence, the conviction in that other jurisdiction may be treated under this Regulation as if the conviction were a conviction for the equivalent demerit offence.

(3) The Clerk of the Court must

(a) as soon as practicable after a person is convicted of a demerit offence, notify the Registrar of the name of the driver and the demerit offence for which the driver is convicted;

(b) as soon as practicable after the Clerk receives a voluntary payment under the regulations under the Provincial Offences Procedure Act in respect of a demerit offence, notify the Registrar of the name of the driver and the demerit offence in respect of which the payment was made.

 

Assessment and Recording of Demerit Points

SECTION 5
Demerit points and multiple convictions

(1) If a person satisfies the Registrar that demerit points have been assessed and recorded on the person’s driving record for multiple convictions arising out of the same circumstances, the Registrar must adjust the demerit points to assess and record demerit points for one conviction of a demerit offence only, being the conviction for the demerit offence carrying the greatest number of demerit points.

(2) If the same number of demerit points are to be assessed for 2 or more convictions for demerit offences arising out of the same circumstances, the Registrar must decide on one conviction in respect of which to record the demerit points.

 

SECTION 6
Effect of an appeal

(1) If a person satisfies the Registrar that the person has appealed a conviction of a demerit offence, the Registrar must

(a) record the appeal on the driving record of the person concerned,

(b) delete the demerit points assessed and recorded on the person’s driving record due to the conviction of the demerit offence under appeal, and

(c) pending the outcome of the appeal, terminate or not impose any suspension of an operator’s licence under this Regulation that resulted from the conviction of the demerit offence under appeal.

(2) If there are multiple convictions of a person for demerit offences arising out of the same circumstances and not all demerit offence convictions are appealed, the Registrar must assess and record on the driving record of the appellant the demerit points for the conviction of the demerit offence that then carries the highest number of demerit points that is not under appeal.

 

SECTION 7
Effect of appeal court’s decision

(1) As soon as practicable after the court makes a decision about an appeal from a demerit offence conviction, the Clerk of the Court must notify the Registrar of the name of the driver, the outcome of the decision and the date of the decision.

(2) If an appeal against a conviction of a demerit offence for which demerit points were originally assessed is unsuccessful, the Registrar must record the demerit points originally assessed and recorded on the driving record of the person concerned and delete any demerit points recorded under section 6(2).

 

SECTION 8
Date demerit points are imposed

Demerit points are to be considered to have been imposed, as the case requires,

(a) on the date of conviction of a demerit offence;

(b) on the date voluntary payment in respect of a demerit offence is received by the Clerk of the Court under the regulations under the Provincial Offences Procedure Act.

 

Division 2

SECTION 9
Notice of accumulated demerit points

(1) If at any one time a total of 8 or more but less than 15 demerit points accumulate on the driving record of a person, the Registrar must give that person written notice of the number of demerit points accumulated on the person’s driving record.

(2) Failure to give the notice does not affect the operation of this Regulation or the duty of the Registrar to suspend an operator’s licence under this Regulation if the situation requires.

 

Notice of Demerit Points, Adjustment of Points, and Licence Suspensions

SECTION 10
15 demerit points trigger licence suspension

(1) If at any one time a total of 15 or more demerit points accumulate on the driving record of a person within any period of 2 years, the Registrar must suspend that person’s operator’s licence for one month.

(2) If at any one time a total of 15 or more demerit points accumulate on the driving record of a person within one year from the date the person’s operator’s licence is suspended under subsection (1), the Registrar must suspend that person’s operator’s licence for 3 months.

(3) The Registrar must suspend a person’s operator’s licence for 6 months if, within a period of 2 years

(a) the person’s operator’s licence is suspended twice under this Regulation, and

(b) after the second licence suspension, the person has, at any one time, a total of 15 or more demerit points.

(4) An operator’s licence must be suspended despite the fact that between the date the person accumulated 15 or more demerit points and the date the person receives notice of the licence suspension, the person is

(a) entitled to a reduction or deletion of demerit points to less than 15 demerit points, or

(b) entitled to deletion of demerit points under section 14.

(5) This section does not apply to novice drivers to whom Division 3 applies.

 

SECTION 11
Notice and effective date of licence suspension

The Registrar must

(a) give a notice of suspension of an operator’s licence within one year from the date the person accumulated the last demerit point that caused the operator’s licence to be subject to suspension, and

(b) in the notice specify the date on which the suspension takes effect.

 

SECTION 12
Suspensions to run concurrently

Any period of suspension of an operator’s licence as a result of the accumulation of demerit points runs concurrently with the unexpired portion of any period of suspension of that licence, or any period of prohibition on holding an operator’s licence, imposed by any other authority.

 

SECTION 13
Adjustment of demerit points after suspension ends

(1) Subject to subsection (2), when the suspension of an operator’s licence that is imposed by the accumulation of demerit points ends or is terminated, the Registrar must adjust the person’s driving record

(a) by deleting all demerit points that accumulated to cause the suspension, and

(b) by recording on the driving record 7 demerit points when the operator’s licence is reinstated.

(2) Subsection (1) does not apply

(a) if the suspension is terminated as a result of a successful appeal of a conviction of a demerit offence, or

(b) to novice drivers to which Division 3 applies.

 

SECTION 14
Deletion of demerit points

(1) The Registrar must delete from a driving record demerit points recorded as a result of a conviction for a demerit offence

(a) 2 years after the date on which the demerit points are considered to be imposed under section 8, or

(b) if there was an unsuccessful appeal of the conviction, on the date that results from calculating 2 years after the date on which the demerit points are considered to be imposed under section 8 and adding the period of time during which the demerit points were deleted by the Registrar under section 6(1)(b).

(2) Two years after demerit points are recorded on a driving record as a result of the reinstatement of an operator’s licence under section 13 the Registrar must delete those demerit points.

 

SECTION 15
Reducing demerit points

(1) If a person successfully completes a course that is satisfactory to the Registrar while that person has 14 demerit points or less on the person’s driving record, the person is entitled, in the 2 years following completion of the course, to

(a) a 2-demerit point reduction if the person has 2 demerit points on the person’s driving record, or

(b) a 3-demerit point reduction if the person has 3 or more demerit points on the person’s driving record.

(2) A person whose operator’s licence is suspended is entitled to a 3 point reduction of the 7 demerit points imposed when the licence is reinstated if, while the licence was suspended, the person successfully completed a course that is satisfactory to the Registrar.

(3) If demerit points are reduced under subsection (1) or (2), no further demerit point reduction is permitted under this section until at least 2 years have passed from the date the demerit points were deleted from the person’s driving record.

(4) This section does not apply to novice drivers to which Division 3 applies.

 

SECTION 16
Request for demerit point review

(1) A person may request the Registrar to review the person’s driving record on any one or more of the following grounds:

(a) an incorrect number of demerit points has been recorded;

(b) a conviction has been incorrectly recorded;

(c) the total number of demerit points accumulated on the driving record has been miscalculated;

(d) demerit points or a sufficient number of demerit points have not been deleted from the person’s driving record.

(2) The request for review must be sent to the Registrar by registered mail.

(3) If the Registrar is satisfied that the demerit points recorded on a driving record are incorrect, the Registrar must correct the record.

 

Division 3

SECTION 17
Application of the Division

This Division applies to novice drivers, namely

(a) the holder of a learner’s operator’s licence as defined in the Operator Licensing and Vehicle Control Regulation, and

(b) the holder of a probationary operator’s licence as defined in the Operator Licensing and Vehicle Control Regulation.

 

Novice Drivers

SECTION 18
Notice of accumulated demerit points

(1) If at any one time a total of 4 or more but less than 8 demerit points accumulate on a novice driver’s driving record, the Registrar must give that person written notice of the number of demerit points accumulated on that person’s driving record.

(2) Failure to give the notice does not affect the operation of this Regulation or the duty of the Registrar to suspend a novice driver’s operator’s licence under this Regulation if the situation requires.

 

SECTION 19
8 demerit points trigger novice driver’s licence suspension

(1) If at any one time a total of 8 or more demerit points accumulate on the driving record of a novice driver within any period of 2 years, the Registrar must suspend the novice driver’s operator’s licence for one month.

(2) If at any one time a total of 8 or more demerit points accumulate on the driving record of a novice driver within one year from the date the novice driver’s operator’s licence is suspended under subsection (1), the Registrar must suspend the novice driver’s operator’s licence for 3 months.

(3) The Registrar must suspend a novice driver’s operator’s licence for 6 months if, within a period of 2 years

(a) the novice driver’s operator’s licence is suspended twice under this Regulation, and

(b) after the second licence suspension, the novice driver has at any one time, a total of 8 or more demerit points.

(4) A novice driver’s operator’s licence must be suspended despite the fact that between the date the person accumulated 8 or more demerit points and the date the person receives notice of the licence suspension the person

(a) is entitled to a reduction or deletion of demerit points to less than 8 demerit points, or

(b) is entitled to deletion of demerit points under section 14.

 

SECTION 20
Adjustment of demerit points after suspension ends

(1) Subject to subsection (2), when the suspension of a novice driver’s operator’s licence that is imposed by the accumulation of demerit points ends or is terminated, the Registrar must adjust the person’s driving record

(a) by deleting all demerit points that accumulated to cause the suspension, and

(b) by recording on the driving record 3 demerit points when the licence is reinstated.

(2) Subsection (1) does not apply if the suspension is terminated as a result of a successful appeal of a conviction of a demerit offence.

(3) Two years after demerit points are recorded on a driving record as a result of the reinstatement of a novice driver’s operator’s licence under subsection (1) the Registrar must delete those demerit points.

 

SECTION 21
Reducing novice driver’s demerit points

(1) If a novice driver successfully completes a course that is satisfactory to the Registrar while that person has 7 demerit points or less on the person’s driving record, that person is entitled in the 2 years following completion of the course, to

(a) a 2-demerit point reduction if the person has 2 demerit points on the person’s driving record, or

(b) a 3-demerit point reduction if the person has 3 or more demerit points on the person’s driving record.

(2) A novice driver whose licence is suspended is entitled to deletion of the 3 demerit points, imposed when the licence is reinstated if, while the licence was suspended, the novice driver successfully completed a course that is satisfactory to the Registrar.

(3) If demerit points are reduced under subsection (1) or (2), no further demerit point reduction is permitted under this section until at least 2 years have passed from the date the demerit points were deleted from the notice driver’s driving record.

 

Part 2

SECTION 22
Deemed service

(1) A notice described in subsection (2) is sufficiently served on a person if it is sent by registered mail to that person’s last address shown in the records of the Registrar, and service is deemed to be effected on the 5th day following the day on which the envelope in which the notice is placed is mailed.

(2) Subsection (1) applies to

(a) notices of suspension or cancellation of an operator’s licence issued under the Act or a regulation made under the Act;

(b) notices of disqualification of any person from holding an operator’s licence issued under the Act or a regulation made under the Act;

(c) notices of suspension or cancellation of a certificate of registration or a permit issued under the Act or a regulation made under the Act.

 

Part 3

SECTION 23
Definition

In this Part, “former regulation” means Regulations under the Motor Vehicle Administration Act (AR 22/76).

 

Transitional Provisions, Review and Coming into Force

SECTION 24
Class 7 licences also treated as novice drivers

The holder of a Class 7 licence issued under the Motor Vehicle Administration Act before this Regulation comes into force

(a) is to be treated as the holder of an operator’s licence under this Regulation, and

(b) must have recorded against his or her driving record by the Registrar any demerit points for the conviction of an offence specified in Schedule 2 as well as Schedule 1.

 

SECTION 25
Existing demerit system and points continued

(1) The demerit point system operated under the former regulation is continued as part of the demerit point program under this Regulation.

(2) All demerit points imposed under the former regulation are to be considered to have been imposed under this Regulation.

(3) Any demerit points to be assessed, reviewed or recorded in accordance with the former regulation that, when this Regulation comes into force, have not been or remain to be assessed, reviewed or recorded, must be assessed, reviewed or recorded in accordance with the former regulation.

(4) Any suspension of an operator’s licence

(a) imposed under the former regulation continues as if it had been imposed under this Regulation;

(b) imposed under the former regulation but for which notice of suspension has not been served is to be considered to have been imposed under this Regulation, and notice of the suspension must be served in accordance with this Regulation.

(5) Notification by the Clerk of the Court to the Registrar under the former regulation is to be considered as a notification by the Clerk under this Regulation.

(6) A conviction of an offence for which demerit points were assessed and recorded under the former regulation is to be considered as a demerit offence for which a person was convicted under this Regulation.

(7) Where a person was entitled to a reduction of or the deletion of demerit points from the person’s driving record under the former regulation and the demerit points were not reduced or deleted before this Regulation comes into force, the demerit points must be reduced or deleted under this Regulation in accordance with the former regulation.

(8) Any terms or conditions to which an operator’s licence is subject under the former regulation continue under this Regulation.

 

SECTION (26)
Coming into force

This Regulation comes into force on the coming into force of section 18 of the Traffic Safety Act.

 

DEMERIT POINTS SCHEDULE 1

 

 

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