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Criteria for Driving Abstract Review

Police Service Policy concerning selection of recruits advises that a candidate can have no more than four (4) demerits as assessed by the Brandon Police Service.

To assist those who are involved in the review of driving records, the following criteria have been created. Below are listed the major offences under the Highway Traffic Act. These offences have a predetermined number of points assessed with a conviction.

Should a person have been convicted of the following offences under the Highway Traffic Act within five (5) years prior to the posting of the competition, they will be ruled ineligible:

  • Section 76.1 HTA - Disobey Police Officer - 8 Demerits
  • Section 95(1) HTA - Speeding in Excess of 49 Km/h - 8 Demerits
  • Section 155(1) HTA - Fail to Exchange Accident Info -8 Demerits
  • Section 155(2) HTA - Leave the Scene of Accident - 8 Demerits
  • Section 155(3) HTA - Fail to Leave Information on Parked Vehicle/Object - 8 Demerits
  • Section 188 HTA Careless Driving - 8 Demerits

Should a person have been convicted of the following offences under the Highway Traffic Act within three years prior to the posting of the competition, they will be ruled ineligible:

  • Section 170 HTA - Misuse Registration/License - 4 Demerits
  • Section 171 HTA - Alter/Misuse Plate - 4 Demerits
  • Section 217(1)(a) HTA - Littering - 4 Demerits
  • Section 222(2) HTA - Park to Obstruct - 4 Demerits
  • Section 224(1) HTA - Make a False Statement - 4 Demerits
  • Section 226(1) HTA - Drive W/O Vehicle Insurance - 4 Demerits

There are many situations where a person may have four (4) or fewer demerits, but has a continuous history of poor driving. A review of the abstract will point out the obvious history. If this is the case and the history is poor, the application may be rejected.

Recent changes were introduced to driver’s abstracts to better meet the information needs of data users such as the police. These changes came into effect on May 1st, 1999. Since this date, Roadside Breathalyzer Suspensions appear on drivers abstracts and remain in place for five years. This means that any person who has had their driver’s license suspended for 24 hours with or without charge (i.e.: fail at roadside and blow under the chargeable % on the Breathalyzer or blow a warning on the roadside device) within the previous three years from the date of posting of the competition will be considered ineligible.

It stands to reason that if a person has a criminal record, then they would be excluded from the competition. In some instances, a criminal offence may be listed on a driver’s abstract. Under the Criminal Records Act, persons with a criminal record may apply for a pardon. Should a pardon be obtained, the criminal record would not exist and could not be used to assess suitability. A pardoned offence will continue to show on the driver’s abstract until a request to have it removed has been made to Driver and Vehicle Licensing. Should an applicant not realize that the pardoned offense was not removed from his/her abstract and hands in application, the application will be rejected.

Convictions for criminal offences are maintained on a drivers abstract for ten years. Any applicant with a conviction for the following offences within the 10-year period prior to the date of the posting of the competition will be ruled ineligible. (As stated previously, this would not apply to a person who has obtained a pardon.)

  • Section 219 CC - Criminal Negligence - 15 Demerits
  • Section 220 CC - Criminal Negligence (Death) - 15 Demerits
  • Section 221 CC - Criminal Negligence (Injury) - 15 Demerits
  • Section 249(1) CC - Criminal Negligence/Motor Vehicle - 15 Demerits
  • Section 249(1)(a) CC - Dangerous Driving - 10 Demerits
  • Section 249(3) CC - Dangerous Driving/Injury - 15 Demerits
  • Section 249(4) CC - Dangerous Driving/Death - 15 Demerits
  • Section 252(1) CC - Leave Scene of Accident - 15 Demerits
  • Section 253(a) CC - Impaired Driving - 10 Demerits
  • Section 253(b) CC - Drive Over .08 - 10 Demerits
  • Section 254(5) CC - Refuse Sample - 10 Demerits
  • Section 255(2) CC - Impaired Cause Injury - 15 Demerits
  • Section 236 CC - Manslaughter - 15 Demerits
  • Section 259(4) CC - Drive While Disqualified - 10 Demerits
  • Section 334 CC - Theft (Vehicle) - 10 Demerits
  • Section 335 CC - Take Auto Without Consent - 10 Demerits
  • Section 354 CC - Possession of Property Obtained by Crime - 10 Demerits
  • Section 355 CC - Misuse of Auto Keys - 10 Demerits
  • Section 430(4) CC - Mischief to Property (Vehicle) - 10 Demerits
  • Section 434 CC - Arson to a Motor Vehicle - 10 Demerits

It has to be remembered that past performance can indicate future performance, but at the same time recognize that people can change. These criteria are an attempt to strike a balance.

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