There is a much more updated post on this topic dealing with the reconsideration for referral to the responsible driver program and the success we’ve had in this regard. Please see: We can have the responsible driver program requirement lifted
The big news is that we have now had success in lifting the interlock and RDP requirements for clients who received 90-day IRPs. This is the news so many have been waiting for.
It’s been our view all along that the so-called remedial requirements of an IRP, i.e. the interlock for at least a year and the Responsible Driver Program, were not mandatory according to the Motor Vehicle Act. Everyone who received a 90-day Immediate Roadside Prohibition was forced to go through these programs regardless of their driving history or personal circumstances. The Government claims in its material on the IRP scheme that these remedial requirements are mandatory. But the Motor Vehicle Act sets out a test that needs to be met before the Office of the Superintendent of Motor Vehicles can compel people to participate in these programs. The problem was that they, the OSMV, never applied the test. They simply made everyone do it. It wasn’t a “fettering” of discretion. There was simply no review and no discretion exercised.
Back in February, after we were successful in our challenge to the mandatory remedial requirements for a certain group of people, we set out the steps we would take to challenge the remedial requirements for everyone else. We launched some test cases, and got the ball rolling for a number of clients who wished to challenge the way the OSMV was applying the law.
Our steps were first to write and request a review of the decision to force our clients through the remedial programs. We knew that we would not receive a response, but it was only fair for us to give the Government some time to consider our submissions. Then, when enough time passed, we filed Petitions in BC Supreme Court seeking orders forcing the OSMV to do what is required of them in law, i.e. review our client’s driving record to make a determination.
We knew that this, in itself, wouldn’t force the Government’s hand. They could delay the cases for months if it suits their political aims. So that last step was to have the cases called into court on a rush basis seeking temporary orders lifting the remedial requirements while the matter is waiting for a full-blown hearing.
This worked
The first test case was set for a hearing yesterday. Last Thursday, moments before the long weekend started, we received the first letter lifting the interlock for one of our test case clients.
On Tuesday we received letters from the OSMV on our other test cases. We were successful in all of our test cases. All of our test-case clients have now been exempted from having to have an interlock.
The door is now open
We have now confirmed what we need to do for our clients to get the interlock and RDP requirements lifted. From the review decisions we’ve received so far, all of which were successful, we have been able to determine the criteria that the OSMV intends to apply in a review of the original remedial requirements referral.
Our plan now is that, by the end of the day Thursday April 4, 2013, if we have not started to receive responses to the letters we sent to the OSMV for our remaining clients, we will start court actions in each case if we receive those instructions from our clients. On Friday we will begin filing documents in court.
If you want us to start an action in court
If we handled your remedial requirements case and you want to get your matter started in court for the sake of forcing the OSMV to hurry up and review your file, call us in our Vancouver office or Richmond office and we’ll file the documents in court to put the pressure on the OSMV.