Once a driver has been charged and convicted for a driving offence (i.e., having a blood alcohol content (BAC) over .08, refusing to provide a breath sample to police, dangerous driving, leaving the scene of an accident, etc.) they are required to serve a court-ordered mandatory prohibition period under the Criminal Code Licence Suspensions. Additional information about licence suspensions can be found on SGI's website.
A restricted licence limits where and when a person can drive. The licence is granted to those who demonstrate that the licence suspension would cause exceptional hardship, and that allowing for a restricted licence would not be
contrary to public interest. It is issued on the provision that the driver not drink and drive.
Who is eligible for a restricted licence?
You are eligible for a restricted licence if you have:
- served the entire court-ordered prohibition period (Criminal Code or federal conviction);
- served less than half of your statutory licence suspension (provincial suspension);
- completed your addictions screening; and
- completed your education or recovery program.
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 an application form when you are eligible to apply for a restricted driver’s licence. To have your case heard, you must:
- Complete the application form.
- Visit your SGI motor licence issuer.
- Pay a $100 fee (please keep the receipt).
- 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 two Board members. The hearing is informal, scheduled during the day and will take approximately an hour. Restricted licence appeal hearings take place in Regina, Saskatoon or Prince Albert.
Decisions
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 phone call within two days of the hearing and be notified if you have been granted a restricted licence. The HTB coordinator will advise you to go to your nearest SGI motor licence issuer and have the restricted licence validated. If your appeal is denied, you will be advised by letter. Decisions reached by the HTB with regards to your appeal are final and binding.