The Licence Suspension Appeal Board Process

The Board may grant conditional driving privileges only if they are satisfied that:

  1. Exceptional hardship will result if the suspension remains in effect, AND
  2. The granting of a conditional licence is not contrary to the public interest.

You can apply for an appeal to the Licence Suspension Appeal Board (LSAB) to determine if you qualify for a conditional driver’s licence.

Processing your application for the Licence Appeal Board takes approximately sixteen (16) weeks. With the current time lines you can anticipate serving a portion of your suspension prior to being heard by the Board. There are specific requirements to appeal to the LSAB depending on what authority took action against your driver’s licence:

If your driver's licence is suspended or disqualified by Manitoba registrar of motor vehicles as the result of a show cause hearing:

  1. After you are suspended by Manitoba Registrar of Motor Vehicles as the result of a show cause hearing you are entitled to file an appeal with the Licence Suspension Appeal Board (LSAB). The cost to appeal is $130.00.
  2. Prior to filing your appeal with the LSAB it is recommended that you confirm with the Manitoba Registrar of Motor Vehicles (operated through Manitoba Public Insurance) whether you will be granted a temporary 45 day permit. You can determine this by checking with Manitoba Public Insurance (MPI) at 204-985-1989 or toll free 1-800-665-2670).
  3. Once you are sure you want to file an appeal with the LSAB you will need to provide the following:
    1. A fully completed Application Form – you must include your driver’s licence number.
      • If you do not have this information you may contact MPI to obtain it. Your application will not be accepted without your driver`s licence number.
    2. Payment of $130.00 – by cheque or money order payable to the “Minister of Finance”, Visa, MasterCard, Debit or Cash.
      • THE APPLICATION FEE IS NON-REFUNDABLE
    3. Written documentation supporting your request for any driving privileges. 
      • Work example – if you are requesting driving privileges for your travel to/from work you will need to include proof of employment in the form of a signed letter from your employer.
        • The letter must include the days that you work, the earliest that you work and the latest that you finish work.
      • School example – if you are requesting driving privileges to drive your children to and from school you will need to include a letter from each child’s school confirming enrollment and the hours of the school.
      • Medical example – if you are requesting driving privileges to attend ongoing medical appointments for yourself, you will need to provide a signed letter from your doctor confirming that you are a patient and the expected frequency of appointments. The Board does not require medical information on your condition.
  4. If any changes happen between the time you file the appeal and the time that you appear in front of the board you will need to submit a copy of these documents a minimum of two weeks prior to the hearing.

The Board will only consider the requests made on the application form:

  • If you require additional privileges you will need to either submit a variation after your hearing, if you have been granted privileges.
  • If you have a PO Box as a mailing address or work address you will need to provide a physical address for these locations as well.

5. Once the application for Appeal has been accepted, with full payment, you will be issued a receipt. You can take this receipt to an MPI Service Centre  to obtain a 45 day permit.

  • Note: LSAB does not issue the 45-day permits and LSAB has no involvement in that process. The decision to grant a 45 day permit is up to the Registrar of Motor Vehicles only.

6. If you have not been scheduled for a hearing prior the expiry of your first 45-day permit, you may contact the LSAB office to authorize only one additional 45-day permit. This should be done a minimum of three (3) business days prior to your first permit expiring.

7. You will receive a “Notice of Hearing” and a copy of your driver’s abstract by mail. Typically you will receive the notification approximately two (2) weeks prior to your hearing date. 

  • If you anticipate that you may be away when a hearing date is scheduled please advise the LSAB in writing, by email, or by fax.
  • If you are unable to attend your hearing date you must notify the LSAB office in writing a minimum of one-week prior to a hearing date.

8. Attending a hearing

  1. Hearings are scheduled for a morning or afternoon docket. The morning docket starts at 9:00 am and the afternoon docket starts at 1:00 pm.  There are typically six people scheduled for a docket.  You can expect to be at the hearing office for up to four (4) hours.
  2. You will appear in front of a panel of at least three (3) board members. However, more board members may be present.
  3. When you are called in front of the Board you will need to make sure:
    • You have the copy of your Driver’s Abstract sent with your Notice of Hearing.
    • Your phone is turned off.
    • You have removed any gum or candy from your mouth
  4. The Board will provide a brief introduction and summary of your application.
  5. You will be asked about the items on your abstract
    • Typical questions include: where the incident occurred; what led to the incident; if there was an accident how much damage occurred and what actions you may take to prevent similar situations in the future.
    • The Board will ask about what course(s) you have completed. You must be able to state the name of the course(s), and the date(s) of the course(s). They will also ask you about what you learned in the course(s).
  6. You will then be asked about your driving requests. In this portion the Board is focusing on your exceptional hardship:
    • Board Orders are very specific:
    • Example: Permitted to drive motor vehicles in the course of employment with ABC Company between 7:00 am and 6:00 pm Monday to Friday.
    • You will need to provide the board with the earliest that you leave the house to arrive to work on time and the latest that you are home from work. If you have a complicated work schedule you will want to provide a schedule of your shift pattern to the board. Also include this information with your application.
    • You will be asked if you have considered other alternatives as means of transportation: can you take the bus; can someone pick you up; and why do these alternatives not work in your situation.
    • It is your right to ask for what driving privileges you believe you need. However, it is the Board’s responsibility to determine whether you are eligible for a conditional driver’s licence and the conditions that will be imposed.
  7. Once the hearing is complete the board will meet and discuss your application.  The decision is not made at or during the hearing you attend. Once a decision is made you will be notified by regular mail. It takes approximately fifteen (15) business days from the date of your hearing for you to receive the Board’s decision.

9. Decision of the Board:

  • If the decision is favourable then you are eligible for a conditional licence, with the conditions imposed by the Board. You must then visit an MPI Service Centre with the Board Order to obtain a licence.
  • If the decision is not favourable and you are not approved for a conditional licence you may apply to the board to consider a new appeal if you have a change of circumstances or new evidence.

10. Change in Circumstances: Section 279(29) of the Highway Traffic Act states in part: If the appeal has been refused the board may consider a further application if they are satisfied that the appellant’s circumstances have changed or that new evidence is available showing that it would not be contrary to the public interest to grant a conditional licence.

  • There is a $30.00 fee to have your file reviewed for a change of circumstances.
  • You will need to provide any support documents previously provided that are still relevant to your appeal;
  • You will need to provide any new documentation or information for the board to consider when making the decision to allow the filing of a new appeal.

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If your driver's licence is suspended or prohibited by the court as the result of a criminal code conviction:

You can appeal to the LSAB for a conditional Driver’s Licence under the following two circumstances:

  •  You are convicted of Impaired Driving and wish to seek a conditional driver’s licence during the court-imposed prohibition after you are eligible to apply for participation in the Ignition Interlock Program.
  •  You have an additional period of suspension imposed by the Manitoba Registrar of Motor Vehicles that extends beyond any court imposed driving prohibition.

LSAB is not an option when:

  •  You were convicted of any other driving offense(s) under the Criminal Code and are prohibited from driving.

1. Appeal to the Board. You will have to provide the following additional information with your application:

  • You must provide a copy of your Manitoba Public Insurance Alcohol reporting letter – which indicates if you have further reports that are required, when they are required or if no further reports are required. Please remember to provide the Licence Suspension Appeal Board Office with updated copies of the letter prior to the hearing.
  • If you are suspended for longer than one (1) year it is highly recommended but not required that you provide support letters from members of your community, family, friends, and/or coworkers.
  • You will also be required to provide a letter, written by you, explaining to the board your circumstances and changes that you have made since incident occurred.
  • If your offences are alcohol related, your letter and letters of support should focus on your present alcohol consumption and/or drinking habits.
  • In addition to the above during the hearing you will be asked the following questions:
    • If you have attended Addictions Foundation Manitoba (AFM), when and  what process did you go through with AFM?
      • Example – did you attend a day course, did you attend a group session, and have you met one-on-one with a counsellor?
    • Are you attending Alcoholics Anonymous/Narcotics Anonymous and do you currently have a sponsor?
    • If AFM assessed findings that you had a diagnosed issue with alcohol/drugs are you rated at risk to re-offend?
    • What is the date you quit using alcohol/drugs? What is your current situation with alcohol/drugs usage?
    • Have you had any previous alcohol or drug offences that do not appear on your current record?
    • If the Board grants any privileges it is typical for the orders to be limited at first so that you can show you will follow the conditions that have been placed on you. If you have a lengthy suspension (5 years or more) the Board may be willing to consider expanding and granting some further conditions if when the Board is satisfied that the conditions are being followed and the driving record continues to demonstrate no further Highway Traffic Act or Criminal Code offenses.

2. The Board is able to consider an exemption for the II Requirement only when:

  • The court ordered prohibition has ended;
  • If the Board is satisfied that an exemption is necessary for an appellant to be employed; and,
  • Then the exemption can be made ONLY in the course of employment in a vehicle that is owned, leased or rented by the employer and cannot be equipped with an II device.

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If you have a conditional licence and need to make a change to your current Board Order

If there are any changes in your life that will affect the conditions on your driver’s licence (such as a change of address, employer, work hours), then you will need to immediately apply for a variation of your Board Order.

  1. There is a $30.00 fee to apply for a variation and it takes approximately 4 weeks for the variations to be considered.
  2. You do not attend in person for variations. The Board will only consider the written information provided with the application. 
  3. When submitting your application for variation request you will need to be clear and specific. Include the following:
    • What condition(s) you are asking to change. Write the current conditions as listed on your Board Order that your are asking to be changed, and the changes you are from the board;
    • Provide supporting documentation for the request; (Ex. new address, effective date, new employer – name and location, change in work hours).
    • Provide some explanation about the exceptional hardship that will occur if your request is not granted.

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Hardship

Oxford Dictionary – hardness of fate or circumstance; severe suffering or privation.
Black’s Law Dictionary – Privation; suffering or adversity. The severity with which a proposed construction of law would bear on a particular case, sometimes forming a basis against the construction.

Exceptional

Oxford Dictionary – forming an exception. Unusual.

Public Interest

Black’s Law Dictionary - something in which the public, the community at large, has some financial interest, or some interest by which their legal rights or liabilities are affected