Application to Registrar for rescission or variation of suspension
311(1)A person whose licence was revoked and whose driving privilege was suspended, or whose driving privilege was suspended, by the Registrar under this Act may, in accordance with this section and in the cases and on the grounds referred to in subsection (2), apply to the Registrar for the rescission, or variation of the term, of the revocation and suspension, or of the suspension, and the reinstatement of the applicant’s licence and driving privilege, or of the applicant’s driving privilege.
311(2)An application may be made under subsection (1) in the following cases, on the grounds that the rescission, or variation of the term, of the revocation and suspension, or of the suspension, and the reinstatement of the licence and driving privilege, or of the driving privilege, are essential to avoid the loss of the applicant’s livelihood:
(a)
where the revocation and suspension was the first revocation and suspension of the applicant’s licence and driving privilege in the three years preceding the date of the revocation and suspension, or the suspension was the first suspension of the applicant’s driving privilege in the three years preceding the date of the suspension, and was effected because points were assessed against the applicant for convictions for offences under this Act, the regulations, subsection 4(1) or (2) or 7(5) or (6) of the
Transportation of Dangerous Goods Act or local by-laws,
(b)
where the revocation and suspension was the first revocation and suspension of the applicant’s licence and driving privilege in the three years preceding the date of the revocation and suspension, or the suspension was the first suspension of the applicant’s driving privilege in the three years preceding the date of the suspension, and was effected because the applicant was convicted of an offence for driving a motor vehicle in contravention of a restriction imposed by the Registrar on the applicant’s licence, and
(c)
where the revocation and suspension, or suspension, was effected because points were assessed against the applicant for a first conviction for an offence under this Act, the regulations, subsection 4(1) or (2) or 7(5) or (6) of the
Transportation of Dangerous Goods Act or by-laws when the applicant held a licence issued under section 301.
311(3)An application under subsection (1) shall be made in writing and shall be accompanied by an affidavit in which the applicant states the grounds on which the application is made, together with the fee prescribed for such application.
311(4)The Registrar may rescind, or vary the term of, the revocation and suspension, or the suspension, and reinstate the applicant’s licence and driving privilege, or reinstate the applicant’s driving privilege, if
(a)
the applicant has filed with the Registrar an affidavit stating that the rescission, or variation of the term, of the revocation and suspension, or suspension, and the reinstatement of the licence and driving privilege, or of the driving privilege, are essential to the applicant’s livelihood,
(b)
the Registrar is satisfied that the loss of the applicant’s livelihood will result if the revocation and suspension, or the suspension, remains in effect,
(c)
the Registrar is satisfied that the rescission, or variation of the term, of the revocation and suspension, or suspension, and the reinstatement of the licence and driving privilege, or the driving privilege, are not contrary to the public interest, and
(d)
the applicant has paid the fee for such reinstatement.
311(5)The Registrar shall, within thirty days after receiving an application under this section, notify the applicant, in writing, of the Registrar’s decision.
1967, c.54, s.25; 1978, c.D-11.2, s.26; 1988, c.24, s.3; 1988, c.66, s.19; 2002, c.32, s.23