Each taxi driver is required to have an annually updated Record Check Certificate to operate a vehicle. This certificate, which must be displayed in the taxi, encompasses a driver’s abstract and a criminal record check conducted by a police agency. If any prescribed issues surface during the record check, the driver will not receive a Record Check Certificate, effectively barring them from operating a taxi. Issues may range from a substandard driving record or an Immediate Roadside Prohibition to not being medically fit to drive or being subject to a court-ordered driving prohibition. The repercussions of these circumstances can lead to a driver’s ineligibility to operate a taxi for up to three years.
Consequences of Criminal Charges
Drivers facing criminal charges or those convicted of a crime may face a prohibition period of up to 10 years. A wide range of criminal matters, including domestic disputes, mischief charges, and sexual offences, could result in the denial of a Record Check Certificate. These prohibitions and the associated income loss can significantly impact a driver’s livelihood.
In the event that any driving prohibitions or criminal matters are identified, the taxi company is obligated to inform the driver immediately and provide a written notice detailing why a Record Check Certificate cannot be issued.
So, how can we help?
It is crucial for the driver to contact a lawyer promptly upon receiving such notice. There’s a strict 30-day deadline from the date of the written notice to file an application for a record check review.
The review process is found in Section 12.74 of the Passenger Transportation Regulation
12.74 (1) A request by a person under section 42.21 (1) of the Act for the review of an acquired record or the results of a prescribed record check must be made to the registrar, in writing,
(a) in the case of a request for the review of an acquired record, within 30 days after the person gives notice of the acquired record in accordance with section 42.2 (4) [driver must notify licensee of record acquired between record checks] of the Act, or
(b) in the case of a request for the review of the results of a prescribed record check, within 30 days after the person receives notice under section 12.7 [licensee must notify driver if record check certificate cannot be issued] of this regulation.
(2) The registrar must notify the person and the licensee, in writing, of a determination made under section 42.21 (3) of the Act.
Given the time constraint, it is essential to act swiftly. Our team will review the necessary documents and start preparing an application for review to the Passenger Transportation Branch. The application will focus on arguing why the driver’s record is not relevant to their role as a taxi driver. We know time is of the essence and paperwork can be a pain. Don’t worry, we’ve got your back. We’ll work fast and cover all the bases, doing our best to keep you on the road.
Listen to our very own Aasheesh Puri explain the details and how we can help you defend your driving record.
Give us a call at 604 685 8889 to start your record check review today!