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New MPI policy gives drivers little recourse to fight suspensions, lawyer says

A new policy from Manitoba Public Insurance means drivers now have little recourse to fight licence suspensions.

Late last year, new legislation was introduced that allowed MPI to suspend licences if motorists were charged with a serious driving offence — before they are ever convicted.

Then, MPI decided it would no longer issue 45-day driving permits while motorists appealed their suspensions.

"Previously, and for other types of suspensions, you can push off the beginning of your suspension on 45-day permits so that you can at least maintain your licence until you have your appeal heard," said defence lawyer Kristofer Advent. "Under this new method, they're not giving those 45-day permits. So it's circumventing, to a large extent, people's right to have an appeal."

That's what happened to 43-year-old Donald Robb, who was pulled over for speeding in June.

Robb was driving from his mother's house in Killarney to his home in Stoney Mountain and passed two vehicles – one of which was an unmarked police car.

An officer told him he topped out at exactly 150 km/h – a full 50 kilometres over the limit, making it a serious driving offence.

"I wasn't aware I was actually going that fast," said Robb. "I was speeding. I don't know if I was going 150. I have no way of knowing."

Along with his ticket, he got a notice telling him MPI intended to suspend his licence, and he would have to go to a hearing to try and keep it.

Robb was given a four-month suspension and paid a $350 fine.

He was told if he wanted to appeal the suspension or get a permit to be able to drive to work, he would have to apply to Manitoba's Licence Suspension Appeal Board.

But his appeal date was set four months away, the same length as his suspension, and he was told he couldn't get a 45-day permit to drive to work in the meantime.

Officials with MPI said the decision to get rid of the permits was made internally in December when the new legislation took effect that allowed them to suspend licences before convictions.

Officials said allowing people to drive, even to work, while they were appealing a suspension would defeat the purpose of the law, which was to keep dangerous drivers off the road.

16-18 week wait for appeals to be heard

The provincial appeal board has a wait time of 16 to 18 weeks, and the time frame has been the same for a number of years. There are no provisions for expediting an appeal," provincial officials said.

"If you get a three or four month suspension, your suspension will be completely served before you actually got before the appeal board," said Advent, who added he's received multiple calls from drivers who have been handed suspensions for serious driving offences before they've been convicted.

"It's been completely stressful for me personally. I've been losing sleep and just been sick over the whole thing," said Robb. "Obviously I know I shouldn't have been speeding, but taking away my ability to go to work and earn an income and put my career in jeopardy … that's got me stressed out."

Robb has had two tickets in the last four years, including one for speeding. In the past 20 years, he's had one accident for which he was at fault.

Robb's wife is a nurse who works shift work in Winnipeg, and right now, he's trying to find someone who lives in Stony Mountain and commutes to Winnipeg so he can continue to work.