In British Columbia, the Responsible Driver Program (RDP) is a remedial program designed to educate drivers about the risks and consequences of impaired driving. If someone is referred to this program, they must go through a specific process to comply with the requirements and maintain or regain their driving privileges.
A referral to the Responsible Driver Program is triggered based on Remedial Program Points which a driver will receive if they are issued drug or alcohol driving offences. Below is a table demonstrating how points are tallied:
If a driver receives 6 points within a 5-year period they will be issued a mandatory referral to the RDP. Additional points will result in further remedial consequences, including extended periods of interlock restrictions on your license.
If your referral to the Responsible Driver Program is mandatory, there are limited options for appeal. However, you may still be able to challenge the referral under certain circumstances.
1. The Referral is from February 2016 or earlier
- If your referral is from prior to February 2016 and was the result of receiving an old referral that was never completed.
- Referrals from before February 2016 pre-date the mandatory system and can be challenged
✅ Action: File an appeal through RoadSafetyBC or seek legal guidance to challenge the driving prohibition.
2. Request a Review for Administrative Errors
- While you cannot dispute a mandatory referral based on its automatic criteria, you can request a review if there was an error in your driving record or if inaccurate information led to your referral.
- For example:
- Incorrect conviction dates.
- Mistaken identity or
- Driving record errors
✅ Action: Submit a request to RoadSafetyBC with supporting documents that prove the error or seek legal guidance for assistance.
3. Challenging License Suspension or Driving Prohibitions
- If your referral is linked to a license suspension or driving prohibition, you may be able to appeal the prohibition itself.
- Successfully overturning the prohibition may indirectly affect your RDP requirement.
✅ Action: File an appeal through RoadSafetyBC or seek legal guidance to challenge the driving prohibition.
4. Legal Advice and Judicial Review
- If you believe your referral was unfair or improperly handled, you may pursue a judicial review through the BC Supreme Court.
- This is a legal process where the court assesses whether RoadSafetyBC acted reasonably and followed proper procedures.
✅ Action: Consult a lawyer with experience in judicial review for guidance on this process.
Bottom Line
If your referral is mandatory, there are typically very few options available to avoid the RDP. However, if you believe you may qualify for one of the exceptions above, it is best to contact a lawyer immediately to review your options.