3.20.03 Restricted Driver's Licence (Demerit) Program
Policy
ATTENTION:
Please refer to COVID-19 Emergency Interim Policies which provides details for temporary exceptions to this policy.
The Restricted Driver's Licence (Demerit) Program is used by clients who need to drive for employment; health or education reasons while serving a demerit suspension, see Demerit Points/Suspension - Section 3.30.02.
For applications for a restricted driver’s licence associated with an impaired driving suspension; see 3.20.04 Ignition Interlock Program.
Alberta Transportation, Driver Fitness and Monitoring (DFM) is responsible for administering the Restricted Driver's Licence (Demerit) Program.
Note:
There is no restricted driver’s licence program for clients to drive while serving a court-ordered suspension, such as for driving while disqualified or unauthorized, etc. If client is sold an application for these reasons, such as driving while disqualified or unauthorized, they will be denied automatically by DFM as there is no program to support this.
The registry agent is responsible for:
- Assisting the client to determine which restricted driver’s licence program they should apply to.
- A registry agent must verify the reinstatement codes on the client’s MVID.
- Supplying the client with the correct information sheet for to the program they should apply to.
- Issuing the “Application for a Restricted Operator’s Licence” form.
- Issuing the restricted driver’s licence, once approved.
DFM notifies a client that their driver’s licence will be suspended by mailing them the following:
- A “Notice of Suspension” advising the licence suspension will start in 30 days from the date of the notice.
- A “Restricted Driver's Licence (Demerit) Program Information Sheet.”
The restricted driver’s licence is only valid for the period the client is suspended for a demerit suspension. When the client has completed their suspension period, the restricted driver’s licence must be exchanged for a non-restricted driver’s licence at a registry agent office.
The restricted driver's licence carries a highly visible “restricted” designation, including the restricted terms, such as the authorized hours in which the driver can legally drive, name of the school, program or employer, etc.
Eligibility Criteria
Clients are eligible to participate in the Restricted Driver's Licence (Demerit) Program if they meet the following criteria:
- Have a valid Alberta driver's licence at the time of receiving the notice of pending suspension.
- Their driver’s licence is not a Graduated Driver's Licence (GDL) or Class 7 learner’s licence.
- The suspension was imposed because of an accumulation of demerit points.
- They have no other active or pending suspensions or any types of warrants.
- They have not served any demerit or Criminal Code (Canada) suspensions within the past 2 years.
- All outstanding fines and non-alcohol reinstatement fees must be paid in full.
- All other reinstatement conditions must be met.
- Reside or are employed in a remote area without readily available access to other means of transportation (i.e. public transportation).
- Able to provide proof of employment or self-employment, if applying for employment reasons.
Note:
DFM accepts the following documents as proof of self-employment:
• A valid employment contract for the full duration of the demerit suspension, duly dated and signed by all parties.
• A valid sub-contractor agreement for the full duration of the demerit suspension, duly dated and signed by all parties.
• A Statutory Declaration that outlines all of the following:
• The name and contact details of the contracting company.
• The name of the individual representing the contracting company and their contact information.
• Duration of the contract.
• Reasons to prove that a driver’s licence is required to fulfil the job entailed in the contract.
• What types of documentation the client will provide to law enforcement to prove they are using their restricted driver’s licence for employment reasons. (i.e., Way Bills, Work Orders, etc.).
• An explanation for not establishing a legal employment contract / sub-contractor agreement.
Requirements
The following is the process and related requirements for issuing an application and restricted driver’s licence associated to a Demerit Suspension.
Application Process
A registry agent must:
- Verify whether the client requires a Restricted Driver’s Licence for a demerit suspension by confirming their reinstatement condition (RC) codes in MOVES.
- Restricted Driver’s Licences for impaired driving suspensions are processed through the Ignition Interlock Program; see 3.20.04 Ignition Interlock Program.
- Ensure the client reviews the terms and conditions of the Restricted Driver's Licence (Demerit) Program Information Sheet before the application is issued.
- Advise the client that the application fee is non-refundable, regardless of the outcome of the application.
- Issue an Application for a Restricted Operator’s Licence.
A client must submit the application either in-person, mail, fax, or email to:
- Mail the completed application (original) to:
Alberta Transportation
Driver Fitness and Monitoring
Main Floor, Twin Atria Building
4999 - 98 Avenue NW
Edmonton, Alberta T6B 2X3
Email: driver.fitness@gov.ab.ca
Fax: 780-422-6612
Submitting an application for the Restricted Driver’s Licence (Demerit) Program does not guarantee acceptance. DFM may take up to 5 business days to process an application.
Approved
When the application is approved, DFM will:
- Advise the client whether or not their application has been approved.
- Update the client’s enforcement record to an approved stage and add the eligible start and end dates for the restricted driver's licence.
Denied
When an application has been denied, the client may request, in writing, that the Alberta Transportation Safety Board review the decision.
Issuance of a Restricted Driver’s Licence
To obtain a restricted driver’s licence after the Application for a Restricted Operator's Licence is approved, the client must:
- Provide acceptable identification, see Acceptable Identification/Enrolment - Section 2.05.02.
- Surrender their Alberta driver’s licence.
- Alberta driver's licences must be destroyed, see Destruction of Returned Alberta Driver’s Licences & Identification Cards – Section 3.15.10.
- Pay in full all outstanding fines and non-alcohol reinstatement fees.
- Meet all other reinstatement conditions; see QR 3.2 - Reinstatement Condition Codes (RC Codes).
The registry agent must:
- Verify that the client’s enforcement record indicates the application is in the approved stage.
- Verify that the start date as shown on the client’s enforcement screen is the current date or a past date.
- A future start date means the client cannot receive a restricted driver's licence until the start date is reached or DFM is contacted to correct the start date to the current date.
- Change the approved stage to restrict stage on MOVES.
- Exchange the client’s driver’s licence for a restricted driver's licence, see Operator Exchange – Section 3.15.06.
Revoked Licence
When a client is charged with a driving offence or violates the program restrictions:
- The restricted driver's licence will be revoked immediately.
- The client will serve the remainder of their demerit suspension term.
- The client cannot reapply during this suspension period to the Restricted Driver's Licence (Demerit) Program.
- The vehicle the client was driving may be seized for 30 days.
- The client may be charged with driving while suspended. If the client is charged and convicted of driving while suspended, their licence will be suspended for at least an additional 6-month period.
Fees
For a restricted driver's licence application fee, see the Registry Agent Product Catalogue (pdf).
Date Originally Issued: Nov 14, 1989
Date Last Revised: Dec 13, 2021