The restricted license allows an individual to drive during the sanction period following the revocation of their driver’s license. This period can range from 3, 6, or 12 months, and sometimes longer, depending on the case. However, there is not just one type of restricted driver’s license. Accordingly, there is no single procedure to follow.
No matter your situation, here’s how to apply for a restricted license from the SAAQ.
The 2 Types of Restricted Licenses Issued by the SAAQ
There are 2 types of restricted licenses. First, there is the one related to a conviction for impaired driving, and then there is the restricted license related to the accumulation of demerit points.
The Restricted License Linked to the Loss of Points Due to Driving Inaptitude
The restricted license linked to the accumulation of demerit points allows you to drive only in the course of your primary job. You will not be eligible if your license has already been revoked or suspended in the past two years due to a Criminal Code offense or for accumulating demerit points. The same applies if you are unable to demonstrate to the judge your need to drive a vehicle to perform your primary job.
The Restricted License Linked to a Conviction for Impaired Driving
The restricted license linked to a
conviction for impaired driving comes with strict rules. Notably, it only allows the operation of vehicles equipped with an approved alcohol ignition interlock device. In addition, it is impossible to obtain such a license if another sanction is recorded in the driver’s file or if the revoked license was that of a learner driver. Many other conditions must be respected, including compliance with the device usage rules and payment of installation and rental fees.
Procedure to Apply for a Restricted License
Depending on the type of restricted license sought, the steps to follow are not the same. To
regain a driver’s license after a conviction for impaired driving, you must first wait for the mandatory absolute prohibition period imposed by the court to expire. Then, you need to sign a service agreement for the installation and rental of a SAAQ-approved alcohol ignition interlock device. After that, you will need to visit a SAAQ service point with your rental agreement and pay the applicable fees.
To apply for a restricted license related to the accumulation of demerit points, you must submit your request to a judge of the Quebec Court, in the judicial district of your region. For this, you must fill out the
appropriate form and appear at the corresponding courthouse. During your hearing, you must demonstrate to the judge the necessity of driving a vehicle in the performance of your primary job. If all goes well after your hearing, you will only have to go to a service point with the issued court order and pay the applicable fees to obtain the restricted license.
Seeking Professional Help to Apply for a Restricted License from the SAAQ
Applying for a restricted license is not very complicated. However, a driver who does not comply with the rules and conditions underlying the use of a restricted driver’s license exposes themselves to serious consequences. These include immediate vehicle seizure, a fine, license revocation, and even criminal prosecution.
Do you want to learn more about restricted licenses or wish to use the services of a criminal lawyer following an arrest for impaired driving?
Contact Droit Criminel. Our team will be happy to advise you.
