There are many people talking about the 0.05 drunk driving changes to the Alberta Traffic Safety Act. But perhaps a bigger picture is being missed.
The PC government has subtly changed the officer’s discretion portion of the 24-hour roadside suspension (Section 89 of the act).
Previously, you could have your licence suspended for a day if the officer suspects a driver’s impairment as a result of alcohol, drug, or ‘any other substance.’ This didn’t change.
However, added to it was if an officer suspects that a ‘medical or physical condition that affects the driver’s physical or mental ability,’ they can also take away their licence — new paragraph 89(1)(a) of the amended Traffic Safety Act.
So, what defines a medical or physical condition? Sadly, this is open to an officer’s interpretation, who, although well trained for their policing job, is not a medical professional.
My brother-in-law lost his right leg in an industrial accident. He now wears a prosthetic limb, and drives a normal vehicle, using his left foot for the gas and brake. Would this be considered a ‘physical condition that affects the driver’s physical ability’?
I would submit to you, yes, by definition only.
Since losing his leg, my brother-in-law has constantly driven his vehicle with no problems whatsoever. However, this new legislation now gives the police power to take his licence away on a roadside suspension.
This begs the question, why would the PC government introduce legislation taking rights away from the mentally and physically handicapped?
I’ve made my choice. I have given up supporting the PC government, and have made the switch to the Wildrose Party, who realizes these changes are horrible for our society.
Cory G. Litzenberger
Red Deer