Alberta Aboriginal Legal Education Centre

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Alberta Aboriginal Legal Education Centre
In the Drivers Seat A Guide to Driving
Violations for Aboriginal People
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The Traffic Safety Act On-Reserve

• Big Eagle case determined applicability of the
  Act
• public highway means a road.. designed and
  intended for or used by the general public for
  the passage of vehicles..
• Conclusion Since reserve roads are public, the
  Act applies on-reserve

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What kind of ticket will you get?

• If you are charged with a provincial offence, you
  will receive one of the following
• Violation Ticket
• Summons to a person charged with an offence
• Appearance notice

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It is very important that you carefully read
the front and back of the ticket
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It is Very Important that you carefully read
the front and back of the ticket.

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Violation Ticket

• Will tell you
• What you have been charged with
• The date and time you are required to attend
  court
• The courts address

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2 types of Violation Tickets

• Violation tickets that contain a summons
  (Summons violation ticket)
• Violation tickets that contain an offence
  notice (Offence notice violation ticket)
• Each ticket type uses different court procedures.

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Summons Violation Ticket

• Will be pink with Part 2, Summons in
  upper right hand corner
• The officer may have marked the Court
  Appearance Required box.
• The officer may have marked the Voluntary
  Payment Option box with a fine amount.

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Offence Notice Violation Ticket

• Will be yellow or white
• Part 3, Offence Notice in upper right
  hand corner
• Remember Very Important that you read both sides
  of this ticket carefully

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If you ignore your ticket or file it in your
glove compartment

• If you dont respond on or before the date set
  out on the front of the ticket, you may be
  convicted in your absence.
• If convicted, you WILL BE fined the amount set
  out on the front of the ticket, and will
  receive a Notice of Conviction in the mail
• If you ignore a Part 2 ticket, you could have a
  warrant issued for your arrest for Failing to
  Appear in court, and you could go to JAIL

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Impaired Driving Charges

• The penalties are severe for impaired
  driving, ranging from heavy fines to jail
  time to losing your license for long periods
  of time
• You will have a CRIMINAL RECORD, if
  convicted

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Alberta Provincial Law Traffic Safety Act

• For impaired driving charges that occur
  anywhere in Canada, that person is disqualified
  from driving in Alberta for 6 months from the
  finding of guilt

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You Pay The Price Drinking and Driving is an
Expensive Gamble
Item Cost
Legal Costs (estimated range) 2,000 10,000
Criminal Code fine (First Offence) 800 - 1,000
Planning Ahead program 130
Impact Program 260
Administrative Monetary Penalty for licence reinstatement 250
Towing Charge 60
Impound Lot (15 / day) 450
Increased insurance(3,000 extra per year for 3 yrs) 9,000 (estimate)
Ignition Interlock 1,100
Total Minimum Cost (plus applicable taxes on some items) 14,050 22,250
Actual costs may be higher - Other potential
costs include property damage, loss of
employment income and uninsured medical costs.
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Compared To
Item Cost
Cab Fare (Approximately) 10 50
Designated Driver 0
Walking / Crawling Home 0
YOU DO THE MATH!!
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Stretch Your Wings!
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Driving Without a Valid Operators License

• You cannot drive in Alberta if you dont have a
  drivers license or if it has been suspended
• If you let someone without a license drive a
  car registered in your name, YOU could be charged

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No Insurance

• FIRST offence for No Insurance is 2500 375
  (V.S.C)!!!
• TWO offences within one year 60 days in jail

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No Registration

• You must have valid registration and DISPLAY
  it on the license plate
• Your fine will be more if you display an
  expired license plate or a plate registered to
  another vehicle
• You also will be fined even if the car is
  parked. It will likely be towed as well.

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Seatbelts / Child Restraints

• Children under 18 kgs (39.6 lbs) must be in a
  properly securd chid seating assembly
• Drivers and passengers must wear seatbelts if
  the vehicle is equipped ith them

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Graduated Drivers Licence Program
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Alberta Aboriginal Legal Education Centre
Graduated Drivers License Program
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Stage One

• New drivers are subject to the Graduated Licence
  Program. Stages and conditions of GDL are
• Class 7 Learners Permit
• Must be 14 years of age or older
• Pass a vision screening
• Pass a knowledge test on the rules of the road,
  and
• Have parental consent if you are 17 years of age
  or younger.

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Stage Two

• To become a Probationary driver, you must
• be 16 years of age or older
• pass the basic Alberta road test.

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Stage Three

• To become a fully licenced driver (Class 5) you
  must
• not have had your operators licence suspended or
  cancelled for the last 12 months of 2-year
  probationary stage, and
• pass an advanced road test

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• VIOLATIONS PENALTIES
• of GDL Program
• Alcohol ConsumptionImmediate 30 day suspension
• More passengers than seatbelts100.00 Fine 2
  Demerits
• Driving after midnight (class 7)100.00 Fine 2
  Demerit
• No accompanying driver200.00 Fine 2 Demerit

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Resources

• Native Counselling Services of Alberta
• www.aalec.ca
• Edmonton [phone]
• Calgary [phone]
• Lethbridge [phone]
• Grande Prairie [phone]
• St. Paul [phone]
• Dial-A-Law 1-800-332-1091
• Calgary [phone] or [phone]
• Student Legal Assistance Calgary (403)
  220-6637(30.00 Fee)
• Calgary Legal Guidance [phone]
• (50.00 Fee)

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Acknowledgements

• Alberta Law Foundation
• Student Legal Services of Edmonton
• Saferoads.com
• Government of Alberta

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Drive Safe! Drive Smart!