Last week we received a decision in BC Supreme Court in one of our IRP appeals in which the court ruled that the Superintendent’s Report on Approved Screening Devices is inadmissible in IRP review hearings. Since then, former clients and readers of our blog have been emailing to ask what it all means. This is the question of the week, so here we are to answer.
The Superintendent’s Report is a document sent to people who applied to have a review of their Immediate Roadside Prohibition (IRP). It was produced by the Office of the Superintendent of Motor Vehicles. The document was meant to act as evidence in the hearing. It provided evidence that the Superintendent’s tribunal would need to uphold most IRPs when the tribunal conducted the review.
If you challenged your IRP and had either us or some other law firm conduct your hearing, there is a significant chance that the tribunal relied on the Superintendent’s Report. If you lost, the simple fact that they relied on the Report should be enough for you to succeed in BC Supreme Court on appeal.
What you need to think about now is whether you want to appeal and whether it’s worthwhile. We think it’s probably worthwhile in most cases. The fact of the IRP on your driving record, along with this new procedure for remedial programs, means that an IRP can impact you for years to come. Take a couple of examples:
Driver risk premium:
If you have a 90-day IRP on your record, ICBC now assesses a driver risk premium. So in addition to the roughly $4700 you’re out so far, expect to be hit for more when you go to renew at ICBC.
Life insurance:
We were contacted by one fellow who was shocked to see his annual life insurance premium jump from $1600 to $9800. Why? The IRP on his driving record. So in a decade the IRP might cost this poor fellow over $85,000. Poor fellow. And poor you if you’ve got an IRP on your record.
What we’re doing about it
We are optimistic that this is the best avenue for people who want to try and get the IRP off their record. For our former clients, we’ll go through the files and look at them to see which ones can be quickly appealed, but the file review could take weeks. Some of the really old ones might be easily lifted. Some of the most recent ones might be easily lifted.
If you’re waiting for a remedy from either our class action or some other, our advice is to take advantage of this opening now. Our class-action suit will not clear the IRP from your record, nor are we seeking all of the associated costs. Towing and storage? If we succeed with an appeal you get that back too.
What about people who were wrongfully punished?
We’re suing when we think it’s the right thing to do. But first we need to appeal the IRP and get it lifted from your record.
Summary:
The Superintendent’s Report on ASDs is a document that they probably used at your hearing as evidence. The court said they are not allowed to do this. It means you may be able to successfully appeal the review decision. And if you succeed and get the IRP off you record, you can expect compensation.