A restricted licence allows an individual to drive during the sanction period after their driver’s licence is revoked. This period can range from 3, 6 or 12 months to more, depending on the case. However, there is more than one type of restricted driver’s licence. As such, there is no single procedure to follow either. Whatever your situation, here’s how to apply for a restricted licence with the SAAQ.
The 2 types of restricted licences issued by the SAAQ
There are 2 types of restricted licences. One is issued for an impaired driving conviction, and the other is a restricted licence issued for the accumulation of demerit points.
Restricted licence for loss of points due to incapacity to drive
The restricted licence for the accumulation of demerit points only allows you to drive for your main work purposes. You will not be eligible to receive it if your licence has already been revoked or suspended within the last 2 years for a Criminal Code offence or for an accumulation of demerit points. The same will apply if you are unable to demonstrate to the judge your need to drive a vehicle to do your main job.
Restricted licence for a DUI conviction
The restricted licence issued for a DUI conviction is subject to strict regulations. Specifically, it only allows the operation of vehicles equipped with an alcohol ignition interlock device. In addition, it is impossible to obtain the licence if the driver’s file contains another penalty or if the licence that was revoked was a learner’s permit. Many other conditions have to be met, including compliance with the conditions of use of the device and payment of its installation and rental costs.
Restricted licence application procedure
Depending on the type of restricted permit being sought, the procedures can differ. To reacquire a new driver’s licence after a drinking and driving conviction, you must wait until the end of the mandatory prohibition period required by the court. Then, you must sign a service agreement for the installation and rental of an SAAQ-approved alcohol interlock device. After that, you will have to go to an SAAQ point of service with your lease agreement and pay the applicable fees.
To apply for a restricted permit for the accumulation of demerit points, you must make your application to a judge of the Court of Québec in your region’s judicial district. To do this, you will need to fill out the appropriate form and go to the right courthouse. At your hearing, you will have to demonstrate to the judge the need to drive a vehicle in your main line of work. Following your hearing, if everything goes well, you will only have to go to a point of service with the order and pay the applicable fee for the restricted licence.
Get professional help when applying for a restricted licence from the SAAQ
Applying for a restricted licence is not very complex. However, a driver who does not comply with the rules and conditions that govern the use of a restricted driver’s licence is subject to serious consequences. These include immediate seizure of the vehicle, a fine, revocation of the licence and even criminal prosecution.
Want to learn more about restricted licences or hire a criminal lawyer after an arrest for impaired driving? Contact DUI Montreal Lawyer. Our team will be happy to advise you.