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Chapter 9

Demerit points, suspensions, impaired and distracted driving

Alberta records demerit points on your driving record when you are convicted of a traffic offence, and GDL drivers reach a suspension with far fewer points than fully licensed drivers. This chapter covers what each offence is worth, the suspension thresholds, how to reduce points or ask for a review, the Immediate Roadside Sanctions for impaired driving, the distracted driving law, and what happens when your licence is suspended.

1.How demerit points work

  • Demerit points are added to your driving record when you are convicted of a driving offence. They count against both GDL drivers and fully licensed (non-GDL) drivers.
  • You are convicted when you pay the ticket, when a court finds you guilty, or when you fail to appear in court and are found guilty in your absence.
  • The points go on your record on the conviction date, which is not the day you received the ticket.
  • Points stay on your driving record and driver's abstract for 2 years from the conviction date, and are then removed.
  • Convictions, and any periods when your licence was suspended, stay on your driving record for 10 years and show on your driver's abstract.

Official source: Demerit points ↗ · Demerit driving suspension ↗ · Driving within the law ↗

2.What each offence is worth

  • The same point values apply to fully licensed drivers and to GDL drivers.
  • The heaviest single offence is failing to remain at the scene of a collision: 7 points.
  • Speeding points rise with how far over the limit you are: up to 15 km/h over is 2 points, 16 to 30 is 3, 31 to 50 is 4, and 51 km/h or more is 6.
  • Careless driving, failing to stop for a school bus and racing are 6 points each.
  • Running a red light or a stop sign, improper passing and failing to report a collision are 3 points each.
  • GDL drivers can also get 2 points for offences that only apply to them: breaking the Class 7 curfew between midnight and 5 a.m., carrying more passengers than seat belts, or driving with a supervisor who is not fully qualified.
PointsOffences
7Failing to remain at the scene of a collision
6Careless driving; failing to stop for a school bus; racing; speeding by 51 km/h or more
5Failing to stop at a railway crossing (school bus, or a vehicle carrying explosives, gas or flammable liquids); failing to stop for a peace officer
4Failing to yield to a pedestrian in a crosswalk; following too closely; speeding by 31 to 50 km/h
3Driving left of the yellow line (or left of centre on an unmarked two-way road); wrong way on a one-way highway; failing to report a collision; failing to stop at a stop sign or for a red light; impeding a passing vehicle; improper passing; stunting; speeding by 16 to 30 km/h
2Disobeying a traffic control device; improper backing (into an intersection or crosswalk, or unsafely onto a highway); improper turns, including U-turns; traffic lane violation; speeding by up to 15 km/h
2 (GDL only)Curfew (Class 7 only, midnight to 5 a.m.); more passengers than seat belts; supervisor not fully qualified

Official source: Driving within the law ↗

3.When points lead to a suspension

  • Fully licensed driver: 8 or more points, but fewer than 15, brings a cautionary notice by mail showing your point total.
  • Fully licensed driver: 15 or more points within a 2-year period means an automatic one-month suspension.
  • GDL driver (Class 7 or Class 5-GDL): the cautionary notice comes at 4 or more points but fewer than 8, and 8 or more points within a 2-year period means a one-month suspension.
  • Repeat suspensions get longer: a second one within a year lasts 3 months, and a third or later one within 2 years lasts 6 months. You may also have to attend a review with the Registrar of Motor Vehicle Services.
  • When the suspension ends, a fully licensed driver is reinstated with 7 points and a GDL driver with 3 points, and these stay on the record for 2 years from reinstatement.
  • You must hand in your licence at any Alberta registry agent on or before the date the suspension begins. It is illegal to keep it while you serve the suspension.
  • After a cautionary notice, any Alberta registry agent can give you a driver abstract: a summary of your record with your convictions and their points.
DriverPointsWhat happens
Fully licensed8 or more, under 15Cautionary notice by mail
Fully licensed15 or more within 2 yearsOne-month suspension
GDL4 or more, under 8Cautionary notice by mail
GDL8 or more within 2 yearsOne-month suspension
BothSecond suspension within a year3-month suspension
BothThird or later suspension within 2 years6-month suspension

Official source: Demerit driving suspension ↗ · Licensing information ↗ · Driving within the law ↗

4.Reducing points, reviews and the restricted licence

  • Completing a Defensive Driving Course or a Professional Driver Improvement Course, booked through a licensed driver training school, can remove up to 3 demerit points.
  • The credit only counts if you finish the course before reaching 15 points (fully licensed) or 8 points (GDL), and you can use a course only once every 2 years.
  • Take the Notice of Driver Education Course Completion form to any Alberta registry agent to have the credit applied. The form is valid for 2 years from the day you complete the course.
  • You cannot appeal a demerit suspension. If you believe points were assigned in error, you can ask in writing for your record to be reviewed under section 99 of the Traffic Safety Act.
  • A conviction itself can only be removed from your record by an appeal through the Court of Justice of Alberta.
  • Fully licensed drivers serving a demerit suspension can apply to the Restricted Driver's Licence Program to drive for their main job, health or education. The program is for non-GDL drivers.

Official source: Demerit driving suspension ↗ · Demerit points ↗

5.Alcohol, drugs and the law

  • Alcohol, drugs and even some prescription or over-the-counter medications can impair your judgement and slow your reactions. Impairment starts with the first drink or drug use.
  • Class 7 and Class 5-GDL drivers face zero tolerance: any alcohol or drugs at all brings a penalty.
  • Alberta's own sanctions apply in addition to criminal penalties under the Criminal Code of Canada, which can include driving prohibitions, fines, jail time and an ignition interlock program.
  • Criminal Code offences include driving while impaired whatever your blood alcohol or drug level, being over the legal limit, refusing to give a breath or blood sample, and impaired driving causing bodily harm or death.
  • A Criminal Code finding of guilt means a disqualification of 1 year for a first offence, 3 years with 1 prior offence in the last 10 years, and 5 years with 2 or more. If someone is killed or injured, the minimum is 5 years even for a first offender.
  • Beyond the legal penalties, impaired driving can cost you a criminal record, higher insurance premiums and even your job if you drive for work.

Official source: Driving within the law ↗ · Impaired driving penalties ↗ · Impaired driving ↗

6.Immediate Roadside Sanctions (IRS)

  • Alberta's Immediate Roadside Sanctions (IRS) fall under the Traffic Safety Act. The licence suspension or disqualification begins as soon as police issue a Notice of Administrative Penalty.
  • Police can also lay Criminal Code charges, and a conviction adds court penalties on top of the roadside ones. Penalties escalate with each repeat occurrence.
  • IRS 24-hour: if police suspect you are impaired by alcohol, drugs, or a physical or medical condition, your licence is suspended for 24 hours.
  • IRS WARN applies at a blood alcohol concentration between 0.05 and 0.079, or if you fail sobriety tests. A first occurrence brings a 3-day suspension, a 3-day vehicle seizure and a $300 fine plus a 20% victim fine surcharge.
  • IRS FAIL applies at 0.08 or more, if you fail or refuse drug and alcohol testing, or if you fail drug recognition tests. Even a first occurrence means 90 days with no driving at all, then a further 12-month suspension, a 30-day vehicle seizure, the Planning Ahead course and a $1,000 fine plus the 20% surcharge.
  • IRS ZERO: Novice: any alcohol or drugs for a Class 7 or Class 5-GDL driver brings a 30-day suspension, a 7-day vehicle seizure and a $200 fine plus the 20% surcharge.
  • During a FAIL suspension you may join the Ignition Interlock Program and drive a vehicle fitted with a device that locks the ignition if your breath alcohol reading is above the set limit.
SanctionWhen it appliesPenalties
IRS 24-hourSuspected impairment by alcohol, drugs, or a physical or medical condition24-hour licence suspension
WARN, firstBlood alcohol 0.05 to 0.079, or failed sobriety tests3-day suspension; 3-day vehicle seizure; $300 fine + 20% surcharge
WARN, secondSame as above15-day suspension; 7-day vehicle seizure; $600 fine + 20% surcharge; Crossroads course (or Planning Ahead)
WARN, thirdSame as above30-day suspension; 7-day vehicle seizure; $1,200 fine + 20% surcharge; IMPACT Program
FAIL, firstBlood alcohol 0.08 or more; failing or refusing testing; failing drug recognition tests90 days no driving, then a 12-month suspension (interlock option); Planning Ahead; 30-day vehicle seizure; $1,000 fine + 20% surcharge
FAIL, secondSame as above90 days no driving, then a 36-month suspension (interlock option); IMPACT Program; 30-day vehicle seizure; $2,000 fine + 20% surcharge
FAIL, thirdSame as above90 days no driving, then a lifetime suspension (interlock option; may apply for reinstatement after 10 years); 30-day vehicle seizure; $2,000 fine + 20% surcharge
ZERO: NoviceAny alcohol or drugs, Class 7 or Class 5-GDL driver30-day suspension; 7-day vehicle seizure; $200 fine + 20% surcharge

Official source: Impaired driving penalties ↗ · Driving within the law ↗

7.Distracted driving

  • Alberta's distracted driving law covers all vehicles and all roads, and it applies even while you are stopped at a red light.
  • While driving you may not use a hand-held cell phone, text or e-mail, use devices such as laptops, video games, cameras or video displays, program a portable audio player, or enter information into a GPS unit.
  • Reading printed material, writing, printing or sketching, and personal grooming such as shaving or putting on makeup are also banned.
  • The penalty is a $390 fine and 3 demerit points. If you also commit a moving violation while distracted, you can get 2 tickets: one for each offence.
  • You can be charged even if your driving seems unaffected. Police can also charge you for other distractions, such as a pet, or anything on the front seat that gets in the way of the controls or blocks your view.
  • Not restricted: a phone in hands-free mode (voice or a single touch), drinking or eating a snack, talking with passengers, calling 9-1-1 on a hand-held phone, and a GPS that is fixed to the vehicle and programmed before you set off.
  • The Driver's Guide goes further: do not use a cell phone at all while driving, even hands-free. To make a call or send a text, stop in a safe and legal place.

Official source: Distracted driving ↗ · Responsible driving ↗

8.Suspensions, reinstatement and reviews

  • Driving while suspended or disqualified can mean jail, fines or both, plus another suspension. The vehicle is seized and impounded for 30 days no matter who owns it, and the registered owner pays the towing and impound fees.
  • You are told of a suspension or disqualification by registered letter from Driver Fitness and Monitoring, sent to the last address on your licence record, so tell a registry agent whenever your address changes.
  • Alberta can also suspend a licence for a poor driving record, failing to pay a legal judgement, medical reasons, or failing to comply with a Notice to Report.
  • After an alcohol or drug offence, the suspension lasts until every condition on the Notice of Suspension is met. Conditions can include a driver program and the Ignition Interlock Program, and you must also pay the reinstatement fee and take a road test.
  • Alberta's suspension runs at the same time as any court-ordered driving prohibition. If your licence expires while you are suspended, it cannot be renewed until the reinstatement conditions are met.
  • SafeRoads Alberta reviews challenges to IRS penalties and vehicle seizures, and deals with every matter in 30 days.
  • Decisions that are not about impaired driving, such as driver conduct or an Ignition Interlock Program exemption, can be appealed through the Registrar Reconsideration Process.

Official source: Driving within the law ↗