Impaired drivers losing third-party liability

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This article was published 26/07/2023 (1144 days ago), so information in it may no longer be current.

Impaired drivers will now be on the hook for damage caused to other vehicles or property, according to new rules announced by the province and Manitoba Public Insurance on Tuesday.

As of Aug. 1, impaired drivers will be denied third-party liability coverage, which covers the cost of any damage they cause to other vehicles and to personal or public property.

“Our government is committed to holding impaired drivers accountable for damage caused by their actions and to keeping our roads safe for all Manitobans,” Justice Minister Kelvin Goertzen stated in a press release.

According to the release, under the new rules, if an impaired driver causes damage to someone else’s vehicle or property, MPI will cover the damages, then seek repayment from the impaired driver.

The changes apply to drivers of all types of motor vehicles including off-road vehicles.

“Manitoba already has among the toughest penalties in Canada for driving under the influence of alcohol or drugs. This announcement creates one more serious deterrent to impaired driving in Manitoba,” MPI chairperson Ward Keith stated in the release. “We are sending a clear message that impaired driving is unacceptable in our province. If you drink or use drugs, simply do not drive.”

Currently, MPI denies all-perils coverage for damage to an impaired driver’s own vehicle.

Additional consequences to driving impaired by drugs or alcohol in Manitoba include licence suspensions, vehicle impoundment, participation in Manitoba’s Ignition Interlock Program, potential charges under the Criminal Code of Canada, movement down the driver safety rating scale and a mandatory impaired driver assessment at the Addictions Foundation of Manitoba at the driver’s expense.

“Impaired driving is a choice someone makes, and a choice for which they should be held accountable,” MADD Canada national president Jaymie-Lyne Hancock stated in the release. “We welcome this announcement from the government of Manitoba and MPI. It is another strong consequence, in addition to the existing penalties, that individuals who choose to drive impaired will face.”

Under the Criminal Code, for a first-time offence of alcohol impaired driving with a blood alcohol concentration at or over 80 milligrams per 100 millilitres of blood within two hours of driving, the mandatory minimum fine is $1,000 and a second-time offence comes with a mandatory minimum of 30 days in jail.

The Brandon Police Service told the Sun that impaired driving remains an issue in the community. So far this year, BPS reports that 29 impaired charges have been laid, and 33 immediate roadside prohibitions have been made.

In 2019, changes to The Highway Traffic Act were made, allowing police to issue immediate roadside prohibitions based upon the results of an approved screening device (a breathalyzer).

According to MPI, driving suspensions can be made if someone operates a vehicle with a blood alcohol concentration between .05 and .079, register a warning on a screening device or fail a drug screening test. Suspensions can range from 72 hours to 60 days, depending on how many suspensions someone receives in a 10-year period. This suspension moved a driver down MPI’s driver safety rating scale by five levels, which comes higher costs for the driver’s insurance coverage.

According to the press release, so far in 2023, seven people have been killed in collisions involving impaired driving on Manitoba roads.

» gmortfield@brandonsun.com

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