Once a driver has been charged and convicted for a non-alcohol driving offence (dangerous driving, leaving the scene of an accident, driving while disqualified, etc.) they are required to serve a court-ordered mandatory prohibition period. Additional information about licence suspensions can be found on SGI's website.
A restricted licence limits when and where you can drive. You may be granted the licence if you demonstrate that:
- The licence suspension would cause you exceptional hardship; and
- Allowing for a restricted licence would not be contrary to public interest.
Who is eligible for a restricted licence?
You are eligible to apply for a special restricted licence if the following applies to you:
- You have completed the required educational program
- Your conviction is non-alcohol/drug related and you have served the entire court-ordered prohibition period
- You have completed your mandatory ignition interlock term and still must serve the provincial suspension (This ONLY applies to alcohol/drug related convictions).
- Your conviction of Driving While Disqualified is under The Traffic Safety Act and you have completed all education programs.
If you were convicted before June 27, 2014 your restricted driving privileges expire once you’ve completed half of your provincial suspension. At that time, you’re eligible for a provisional licence.
If you are convicted after June 27, 2014, you will not be eligible for a provisional driver’s licence and must keep the restricted licence until you are eligible for a full driver’s licence.
Filing for a restricted licence
Once all the above requirements are satisfied, you may apply to the HTB for restricted driving privileges. SGI will send you a letter that includes your HTB special restricted licence eligibility date. To have your case heard, you must:
- Complete the Restricted Licence Application Form
- Purchase a $100 HTB special restricted licence receipt at any motor licence issuer. As of January 1, 2017 this receipt will cost $175
- Mail or fax the application form and receipt to the HTB.
As soon as the HTB receives your application, you will be contacted in order to arrange a date and time for the appeal hearing.
What to expect at the hearing
A restricted licence limits when and where you can drive a motor vehicle. The HTB may grant you a licence if you can demonstrate that the licence suspension would cause exceptional hardship and that allowing for a restricted licence would not be contrary to public interest. Both grounds have to be satisfied before a restricted licence can be issued.
The onus of proof in restricted licence hearings lies with you. You must demonstrate to the Board that the absence of any driving privileges would cause you exceptional hardship and that issuing you a driver’s licence would not be contrary to public interest. You must demonstrate that both of these stipulations are met before a licence will be issued.
You will appear in person before three Board members. The hearing is informal, scheduled during the day and will take approximately an hour. Restricted licence appeal hearings take place in Regina or Saskatoon.
After your appeal has been heard, the Board members have the authority to grant the restricted licence or to deny the appeal. You will receive a letter via mail with the hearing results. If successful, you must visit an SGI motor licence issuer to purchase a driver’s licence or a reprint of your driver’s licence that contains the special restrictions. If unsuccessful then your licence will remain suspended until you are eligible for a full driver’s licence.
Decisions reached by the HTB with regards to your appeal are final and binding.