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Overview
If you had your vehicle seized through the Suspended Driver Vehicle Seizure Program or are an affected person as defined under the Traffic Safety Act, you may apply to SafeRoads Alberta for the release of your vehicle.
Registered owners are responsible for all costs involved in the vehicle seizure. Applying for a review does not guarantee the return of your vehicle.
Suspended Driver Vehicle Seizure Program vehicle seizure review request
You may request a vehicle seizure review if you are the driver and recipient of the Seizure Notice under Section 35(1) of the Traffic Safety Act by establishing one or more of the grounds set out in Section 11 of the Vehicle Seizure and Removal Regulation.
- your vehicle was seized pursuant to section 94, or 94.1 and 173 of the Traffic Safety Act
To request a review, you must:
- apply within 7 days of the issuance of the Seizure Notice online
- select a preferred date and time for your review
- provide your contact information for preferred method of contact
- provide a written submission
- agree to the terms and conditions
- pay the non-refundable application fee of $150
The application and payment process must be completed through the SafeRoads portal.
Hardship is not considered a ground for review of a vehicle seizure.
Affected person vehicle seizure review
You may request an affected person application for relief of a vehicle seizure if you are the registered owner, that is different than the driver, as per Section 36(2) of the Traffic Safety Act by establishing one or more of the grounds set out in Section 11.1 of the Vehicle Seizure and Removal Regulation:
- your vehicle was seized after being stolen or taken without your consent
- your vehicle was seized and you could not have reasonably known the driver was suspended or the vehicle was being driven in the course of committing an Immediate Roadside Sanctions contravention, for example an employer or rental car agency.
To request an application for relief, you must:
- apply within 12 months of the issuance of the Seizure Notice online
- select a preferred date and time for your review
- provide your contact information for preferred method of contact
- provide a written submission and supporting documents
- agree to the terms and conditions
- pay the non-refundable application fee of $50
The application and payment process must be completed through the SafeRoads portal.
Hardship is not considered a ground for review of a vehicle seizure.
Representation
If you choose to be represented by a lawyer or an agent, you must complete the Consent to Representation form and upload it to the SafeRoads portal.
You are responsible for any costs for the representative.
In order for your representative work directly with SafeRoads Alberta staff, the Consent to Representation form must be completed and uploaded to the SafeRoads portal. We recommend that you upload in the initial stages of your request for a review.
Translator
You can use a translator for your written review submission if you need translation to the English language.
You must make arrangements for the translation and submission of your written review and are responsible for any costs for the translator.
Scheduling your review
After you submit your request for a review through the SafeRoads portal, you will be contacted by a SafeRoads Alberta representative by your preferred contact method within 2 business days to confirm the details of your review.
Any supporting documents, records, representations, arguments and evidence you want to have considered as part of your review must be submitted through the SafeRoads portal.
Request for late review
You can submit request for a late review up to 12 months after the date that you were issued your Seizure Notice.
To request a late review, you must:
- apply through the SafeRoads portal
- provide the reason for your request
- provide any required supporting documentation
- pay the non-refundable fee of $50
You will be notified of the decision to approve or deny your request in through the SafeRoads portal.
Find out more about late review requests on the Find your notice page.
Uploading your supporting documents
Suspended Driver’s Program requirements
You and/or your representative must submit all of your supporting documents through the SafeRoads portal at least 2 full calendar days before the scheduled review. (Section 11 of the Vehicle Seizure and Removal Regulation).
Supporting documents may include:
- your written submission
- photographs
- video and/or audio recordings
- witness statement(s)
- technical materials
SafeRoads Alberta will only accept supporting documents submitted through the SafeRoads portal. No other forms of submission will be accepted.
For more information about supporting document requirements including accepted file formats and sizes, please see SafeRoads support.
Affected person requirements
All requests for an application of relief from an affected person require supporting documents which depends on the grounds for review (Section 11.1(3) and/or (4) of the Vehicle Seizure and Removal Regulation). This may mean you are required to provide one or more of the following supporting documents:
- a rental agreement if the vehicle is a rental vehicle
- a commercial driver’s abstract for the driver of the seized vehicle dated not more than one year from the date of occurrence if the vehicle is a commercial vehicle
- proof that before driving the motor vehicle, the person driving the motor vehicle showed you an operator’s licence that was in their name, not expired and was the appropriate class to drive the vehicle
- proof the driver is not the registered owner of the seized vehicle
It is recommended that you submit your supporting documents to the SafeRoads portal at the time of application so your review can be scheduled for the first available date.
SafeRoads Alberta will only accept supporting documents submitted through the SafeRoads portal. No other forms of submission will be accepted.
For more information about supporting document requirements including accepted file formats and sizes, please see SafeRoads support.
During the review
The adjudicator will consider all supporting documents provided by you or your representative and the law enforcement agency within the required timelines, as well as the Traffic Safety Act, the Provincial Administrative Penalties Act, and associated regulations in order to render their decision to confirm or cancel the Seizure Notice.
After the review
After your review is complete, the adjudicator will make their decision to confirm or cancel your Seizure Notice.
You will be notified by your preferred contact method when the adjudicator’s decision is available in the SafeRoads portal. The date that the decision is made available on the SafeRoads portal is considered the date the decision was provided to you in accordance with Section 22 of the Provincial Administrative Penalties Act.
If your Seizure Notice is cancelled, a Seized Vehicle Release Authorization will be provided to the tow lot where your vehicle is impounded to release your vehicle.
If your preferred method of communication is by telephone, a copy of the decision will be delivered by mail to the preferred mailing address as identified in the SafeRoads portal. The Government of Alberta has no control of Canada Post delivery dates so you may receive the mailed copy of the decision after the 30 days.
Judicial review
Decisions of SafeRoads Alberta may be questioned or reviewed by way of judicial review by filing an application with the Court of Queen’s Bench of Alberta.
You must serve the notice to SafeRoads Alberta and notify SafeRoads Alberta if you request a judicial review within 30 days of receiving notification of the decision.
SafeRoads Alberta will submit the documents used in the review as well as the written decision to the Court of Queen’s Bench of Alberta.