Can I dispute the Responsible Driver Program Referral?

A lot of people come to us after they didn’t dispute their 90-day driving prohibition or their multiple 24-hour prohibitions for alcohol or drugs when they get a Responsible Driver Program (RDP) referral letter in the mail.

It’s when they receive this letter that they realize they want to do something about the consequences of the items on their driving records.

The difficulty for those people though, is that most of the time, you cannot dispute a referral to the RDP.

Points-based referrals

RoadSafetyBC will look at your driving record, and even more specifically, they’ll look at alcohol and drug-related incidents, to determine whether or not you will get a Responsible Driver Program referral.

Each prohibition you get relating to alcohol or drugs has a certain number of remedial program points associated with it, and if you accumulate a threshold number of points, then you will be referred to the RDP. If the referral to the program is points-based, then there is no dispute process for it.

When you get 6 remedial program points, you are automatically referred to the Responsible Driver Program and you must complete it.

However, there are referrals to the RDP that are not points-based. They’re rare, but they do occur.

Discretionary referrals

The other type of referral that could occur, though it is much rarer, is a discretionary referral.

These occur in circumstances where somebody has received some type of alcohol-related incident in the past, and for whatever reason, the incident is only coming to the attention of RoadSafetyBC now.

These types of referrals, so long as the referral letter predates March 2016, can be disputed.

What this means is, if you don’t have a sufficient number of points but you get a referral anyways, then in that circumstance, it discretionary and you can dispute it.

How to determine if your referral is discretionary

When it comes to determining whether or not your referral is discretionary, there are a few ways you can figure it out.

Your referral letter will list the number of remedial program points you have, so the first way you can tell whether or not the referral is discretionary is by checking on your points.

If you have 6 remedial points, then you know that you are not getting a discretionary referral, because with 6 points you are automatically referred to the RDP, and it’s mandatory.

The second way you can determine if your referral is discretionary is if the referral letter has written in it, that the program is mandatory. If the letter itself refers to the referral as being mandatory, you cannot dispute it.

And the third way to tell is by looking at the date of the letter. If it is dated after March 2016, you will probably be unable to dispute it.

If you ever find yourself to be in any doubt about whether or not you can dispute your referral, don’t hesitate to contact a lawyer.

What’s needed to dispute an RDP?

If after you go through all the above steps and come to the conclusion that your Responsible Driver Program referral can be disputed, it is important for your next step to be considering what evidence and submissions you want to make.

If you have a referral that is disputable, you have 45 days from the date on the letter, to make submissions to RoadSafetyBC explaining why the referral should be cancelled.

What the Super Intendent of Motor Vehicles will consider, is whether it remains to be in the public interest to refer you to the program.

There can be any number of reasons why it might not be in the public interest for you to be referred anymore.

For example, if the referral is based on a really old incident, like maybe you got convicted of impaired driving in 2013, then you went to jail. Then, once you got out you were referred to the program and haven’t done anything about it, but now you are wanting to dispute that referral.  It might not be in the public interest to refer you to the program anymore, because you haven’t driven for nine years while you were away in jail, and so you had a time away from driving anyways.

Or maybe it wouldn’t be in the public interest because you have completed some type of alcohol counselling, or alcohol and driving education programs, of your own accord.

These types of program completions are good to show that it’s not in the public interest when you are disputing a referral, as it is evidence to show that you have completed some type of counselling that is effectively the same as the RDP.

Costs and distances could come into play

Another thing that could be considered is if completing the RDP would be disproportionately difficult for you and this can occur in a number of ways.

One way it could be difficult for you is in terms of cost. Since the price of the program is $930.00, it could be that it is simply unaffordable to you.  If you can demonstrate that you would suffer extreme financial hardship, as a result of participating in the program, that may be a reason to cancel the referral.

Another reason that is generally accepted as it relates to the public interest, is exceptions for people living in remote, rural or indigenous communities.

The RDP in those communities is not offered very many times per year, if at all. If you would have to travel a very long distance, without your driver’s license, and then pay for lodging, in addition to the cost of the program, that could also be considered to be in the public interest.

At the end of the day, RoadSafetyBC’s primary consideration is that they determine whether or not you are a danger to the public as a result of your driving record, specifically related to drugs or alcohol-impaired driving.

Primarily demonstrating to them that the danger is mitigated is the best way to show them that it is no longer in the public interest to refer you to the program.

Out of province/country referrals

Drivers from other provinces or countries may find themselves referred to the Responsible Driver Program in BC. Or it could be a case where between the time that a person got their IRP or their drug-related incident on their driving record, they may have moved to another province or country.

In those such circumstances, if you do not hold a BC driver’s license, but you’ve been referred to the program, your driving prohibition will continue in BC until you complete that referral.

In the event that you get referred to the program, you have 45 days from the date on the letter to register for the program, and then once you register, you have a year from when you received the letter to complete the program.

If you don’t register within 45 days, your driving privileges are cancelled and if you do register, but don’t complete the program within a year, once that year is up, your driving privileges are cancelled.

In these cases, you’ll end up with an indefinite driving prohibition, and that continues in BC until you register for, and also complete the program.

This means that if you miss the registration deadline, you won’t get your driving privileges in BC back until you have both registered AND completed the program.

What seems like the difficult part if you’re from another jurisdiction and receive a referral, is that you would have to complete the program in BC.

There is an alternative though, where you could get approval to complete a similar program in your area. For example, drivers from Alberta can satisfy RoadSafetyBC’s requirement by arranging with them to complete the planning ahead course in Alberta.

If you receive the referral to the RDP and want to dispute it because you are from another province or another country you can. But you should also take the time to find something through your driver licensing office that is similar to the RDP that you can take.

Then contact RoadSafetyBC to arrange for that to fulfil the requirement.

What happens if I get more than one referral?

There is also a small group of people who are going to get registered for the program that won’t get the grace period of a year to complete it.

Those are the people who have already completed the program in the last five years and are getting a second referral. That group of people has to complete the program before they will be able to get their license back.

Receiving a referral to the Responsible Driver Program can be a confusing and stressful experience and you should always feel free to contact a lawyer and seek legal advice before doing anything.