If you are handed an immediate roadside prohibition (IRP), your driving ban takes effect straightaway.
When does an IRP start?
‘IRP’ stands for ‘immediate roadside prohibition’. As the name suggests, the prohibition starts immediately. This means that you cannot drive starting from the moment the police officer hands you a ticket.
If you have not yet reached your destination, you must make arrangements for your onwards journey. You might have to ask a friend or relative to collect you, or call a taxi. Your car will be towed and impounded, so it will not be left at the roadside.
Can I drive after my 90-day suspension?
Understandably, you will want to know when you can drive again. The answer to this question depends on whether or not you challenge the IRP.
If you do nothing, or your review is unsuccessful, you must serve the length of your ban. So, if you are given a 90-day IRP, you are prohibited from driving for 90 full days. Because the law stipulates ‘full’ days, it means the entire length of your driving ban is actually likely to last 91 days, starting from the date the police stopped you.
Once you have served the length of your driving ban, you can ask ICBC to reinstate your licence. This costs $250. You are then allowed to drive again. You can also recover your vehicle from the impound lot. You will be responsible for the towing and impound fees.
Driving while prohibited
It is an offence to drive during your prohibition. If you are caught driving, you will receive an automatic 12 month driving ban. You may also be fined and imprisoned for up to six months.
Getting an IRP revoked
However, if you dispute your IRP – and this is successful – the driving prohibition will be lifted straightaway. You can apply for the reinstatement of your licence immediately and will not have to pay the fee. Also, you will not have to pay for the towing and impound fees.
How to dispute a 90-day IRP
To dispute your IRP, you need to fill in an ‘Immediate Roadside Prohibition – Application for Review’ form and submit it. You can get this form from an ICBC driver licensing centre. You can either complete the application yourself, or you can ask a lawyer to do it for you. We highly recommend that you use an IRP lawyer, as this significantly increases your chance of success.
You do not have much time to make an application. In fact, you only have seven calendar days. This includes weekends. An adjudicator from RoadSafetyBC will then review your case before making a decision. You should know the outcome within 21 days of the date you were served the IRP.
If the IRP is revoked, you can get your licence reinstated immediately, after which you can begin driving once again.
Read more: How to Dispute a 90 Day IRP
Dispute a 90-day IRP
If you have been handed an immediate roadside prohibition and you want to get it revoked, please contact us at Mickelson & Whysall Law Corporation. We specialize in IRP reviews and can help you get your licence back.