Several years ago, RoadSafetyBC had
a problem with lengthy and indefinite extensions in rendering IRP review decisions. They cleared the backlog, for the most part, and cases are now generally decided within the twenty-one day timeframe. This is the time limit mandated under the
Motor Vehicle Act.
However, there are still some occasions where the cases cannot be decided in this time period. In such occasions, the Superintendent may take an extension of the time to render a decision. The Superintendent may also release the vehicle and reinstate the driver’s license until such a time as a decision is rendered.
Until recently, the practice was that if the extension was short, typically a week or so, the vehicle would not be released and the license would remain prohibited. However, if the extension were longer then the Superintendent would reinstate the license. After all, the courts have repeatedly confirmed that these matters are meant to be dealt with expeditiously. And it renders the whole review process moot if the consequences are served in full or in large part before a decision is rendered.
I say until recently because this has now changed. And it is, in my opinion, totally wrong.
