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It’s official: We can have the Responsible Driver Program requirement lifted

It’s official: We can have the Responsible Driver Program requirement lifted

Would you rather you spend your money on the Responsible Driver Program or a day at the spa?

Back in August we announced a change of policy. We decided that we would accept clients who wanted us to write to the Superintendent of Motor Vehicles to demand a review of the RDP (Responsible Driver Program) and IIP (Interlock) requirement. We agreed to take on cases for reconsideration of a referral to remedial programs under the new procedure.

You can find that post here: There’s been a change of policy

This policy change was ours. After forcing policy change after policy change on the Office of the Superintendent of Motor Vehicles, we decided that we won’t back down after having accomplished so much.

This is how we explained it:

We’re going to take this on. If you have a good driving record with no history of any alcohol related offences, aside from the IRP or ADP, then we’re willing to write in to the OSMV to contest the referral to the so-called remedial programs. We are selecting a few test cases, like we’ve done in the past, and if the OSMV tribunal rejects the request for reconsideration, we will file petitions in BC Supreme Court to challenge this new process.

And so we did.

We encouraged everyone to write in to challenge the RDP and IIP, and we made submissions that we knew would succeed if the case went for judicial review to BC Supreme Court. And then something strange: we stopped getting any decisions from the Office of the Superintendent of Motor Vehicles. It appeared that they simply didn’t know what to do.

The original plan appears to have been to create a pretend review process and to just continue to refer everyone to the RDP and IIP as they’d done for years. When we started to explain the legislation in our letters and make a compelling case for our clients, the OSMV just stopped rendering decisions. We didn’t receive decisions in any of the compelling cases for months.

Catastrophic government mismanagement:

We chalked this up to catastrophic government mismanagement. This division of our government that runs this adjudicative body had stopped rendering decisions in cases where logic says the government would lose.

What does this say about impartiality? Well, they’ve recently been under fire from the courts on that front.

In any event, the pile of requests for reconsideration of a referral to remedial programs only got larger. We expect that someone must have noticed the stack. And the people who wrote in to challenge the RDP and Interlock continued on; most of them driving safely as they had always done before.

Strategic management change:

We’ve heard rumors of people being moved from their job, office tension and general pandemonium. Regardless, at the beginning of the week, when the news outlets were all busy parroting the Government’s news releases and the Government’s spin on the Sivia decision, the OSMV sent out letter after letter revoking the RDP and Interlock for our clients and people all around BC.

It’s official: We can have the Responsible Driver Program requirement lifted

First we did this for 1137 BC drivers, then for all the other people who blew Fail under the first version of the IRP scheme, then for all the people during the time we brought the original challenge, and now for everyone else out there. It’s official: we can have the Responsible Driver Program requirement lifted and the Interlock in many, if not most, cases where the driving history does not justify it.

Reconsideration of a referral to remedial programs

It’s no longer just test cases and the courageous: we’re now taking on cases for reconsideration of a referral to remedial programs under the new OSMV procedure.

We would rather that you spend your money on a day at the spa instead of paying for the Responsible Driver Program and the Interlock. We think it would be better for you.

If you want us to help you challenge the RDP or IIP remedial programs, give us a call. If you want to know how we took us to the place we are with these programs, here are some links to earlier blog posts on the remedial programs and our challenge to the scheme.

The most important tidbit from the IRP news
Decisive action on the interlock and RDP
Success in lifting the Interlock and RDP for 90-day IRPs
Interlock and RDP are now a mess
We win (Updated)
Working hard and doing a good job
Your interlock worries are over
What’s happening with the interlock and RDP?
I got a letter saying I need to enroll in the RDP program!
Notice to Refer to Remedial Programs
Reconsideration of a Referral to the Remedial Programs

 

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