Table of contents

Overview

There are 2 options when you want to dispute a vehicle seizure. Depending on your circumstance you may apply as a driver under the Suspended Driver Vehicle Seizure Program or an affected person to dispute a vehicle seizure. There are different grounds for each kind of review.

  • Driver under the Suspended Driver Vehicle Seizure Program

    If you were the driver of a vehicle that was seized under the Suspended Driver Vehicle Seizure Program, you can apply for a vehicle seizure review if:

    • you were an unauthorized driver and did not know, or could not have reasonably known, that you were unauthorized to drive or were prohibited from driving
    • you were not an unauthorized driver or not prohibited from driving
    • you were not previously charged as an unauthorized driver or prohibited from driving or were not driving the same vehicle at that time you were previously charged

    For more information, see section 11 of the Vehicle Seizure and Removal Regulation.

  • Affected Person

    An affected person is a registered owner of a vehicle who was not driving when it was seized. If this applies to you, you can apply for relief of a vehicle seizure if:

    • 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
    • your vehicle was seized after being driven, by someone else, in the course of committing an Immediate Roadside Sanctions (IRS) contravention for impaired driving or an impaired driving or an impaired driving offence listed in section 11.1(3)(b) of the Vehicle Seizure and Removal Regulation

    To have your vehicle returned you must show that:

    • you were not the driver at the time it was seized
    • you do not live in the same household as the driver
    • prior to driving, the driver showed you a copy of their valid driver's licence, that was in their name, not expired and was the appropriate class to drive the vehicle

    For more information, see section 11.1(3) and (4) of the Vehicle Seizure and Removal Regulation.

Financial hardship and inconvenience are not grounds for cancellation of your Seizure Notice.

An adjudicator cannot consider arguments such as:

  • you do not have the financial means to pay for the tow fees
  • you need your vehicle to get to and from work
  • you need your vehicle to take your kids to school or a family member to a medical appointment

Info sheets

Representation

If you choose to be represented by a lawyer or an agent, consent to representation is required. For ease of use, SafeRoads Alberta has a Consent to Representation form (PDF, 74 KB) you can complete and upload to the SafeRoads portal. This form will be deemed an original.

Eligibility and costs

You have until 11:59 pm the day before the seized vehicle is scheduled to be released to apply for a vehicle seizure review.

Costs

  • If you were the driver of the seized vehicle, you must pay a non-refundable application fee of $150.
  • An affected person of a seized vehicle must pay a non-refundable application fee of $50.
  • You are responsible for all costs associated with the vehicle seizure, including any tow lot fees or charges.
  • If you choose to be represented by a lawyer or agent, you are responsible for any costs for the representative.
  • If you use a translator, you are responsible for any costs for the translator.

How to apply

  • Step 1. Access the SafeRoads portal or go to a registry agent

    To apply for a review of a vehicle seizure, access the SafeRoads portal or visit a participating Alberta registry agent.

    Not all browsers work the same, so there may be some variation in user experience depending on what browser and device is used. For the best experience, use Google Chrome or Microsoft Edge to access the SafeRoads portal. If you are having trouble accessing the SafeRoads portal, clear your browser's cache.

    If you choose to apply for a review at a participating Alberta registry agent, bring your Seizure Notice. Payments made at an Alberta registry agent may be subject to a service charge.

    Applying for a vehicle seizure review does not guarantee the return of your vehicle.

  • Step 2. Schedule your review

    You will choose the date you would like your application to be reviewed by an adjudicator and submit your request. You will receive confirmation of your review via your preferred contact method.

    As all vehicle seizure reviews are written, you or your representative do not attend the review.

  • Step 3. Provide supporting documents

    Driver under Suspended Driver Program

    A driver will need to submit all supporting documents through the SafeRoads portal by 11:59 pm the day before the scheduled review.

    Participating registry agents may provide this service for a service charge.

    Supporting documents may include one or more of the following:

    • the grounds for your application, in writing. The available grounds are listed in section 11(1) of the Vehicle Seizure and Removal Regulation
    • photographs
    • video or audio recordings or both
    • witness statements
    • technical materials
    • driver abstract
      • a driver abstract provides information about a person's driving record including demerit points, convictions and suspensions
      • a driver abstract may submitted to support disputes related to seizure length
      • can be ordered online or at an Alberta registry agent

    Affected Person

    An affected person will need to provide one or more of the following documents through the SafeRoads portal by 11:59 pm the day before the scheduled review:

    • if the vehicle is a rental vehicle, the rental agreement
    • if the vehicle is a commercial vehicle, the commercial driver’s abstract for the driver of the seized vehicle dated not more than one year from the date of occurrence
    • proof that before driving the motor vehicle, the person driving the motor vehicle showed you a driver'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
    • proof that the driver is not part of the same household as the registered owner of the seized vehicle

    See Supporting document requirements (PDF, 170 KB) for more information.

    Participating registry agents may provide this service for a service charge.

    Additional documents may be uploaded by law enforcement up to 4 calendar days prior to your scheduled review. It is your responsibility to check back to ensure you have all of the information and to update your grounds or arguments for the review accordingly.

After you apply

The adjudicator will review the statements and supporting documents that you or your representative and the law enforcement agency provided within the required timelines to decide if your Seizure Notice should be confirmed or cancelled.

You will be notified by your preferred contact method when the adjudicator’s decision is available in the SafeRoads portal.

If your notice is cancelled

If your vehicle Seizure Notice is cancelled, a Seized Vehicle Release Authorization will be provided to the tow lot where your vehicle was impounded to release your vehicle. You will be responsible for all costs involved in the vehicle seizure.

Judicial review

You may seek judicial review of decisions rendered by SafeRoads Alberta by filing an application with the Court of King’s Bench of Alberta, in accordance with section 47.1 of the Traffic Safety Act and serving on the Director no later than 30 days from the date of decision.

If you wish to serve a copy of your Originating Application on the Director by email, visit Service of commencement documents on the Crown for more information.

Changing or abandoning a review

  • Changing a review

    If you are a driver under the Suspended Driver Vehicle Seizure Program, you have up until 11:59 pm the day before the scheduled review to reschedule the review date to any available date up to 11:59 pm the day before the expiry of the seizure term. through the SafeRoads portal or at an Alberta registry agent during business hours.

    If you are an affected person, you have up until 11:59 pm the day before the scheduled review to reschedule your application for relief of a vehicle seizure to any available date up to 11:59 pm the day before the expiry of the seizure term through the SafeRoads portal or at an Alberta registry agent.

  • Abandoning a scheduled review

    You can abandon your request any time up to the commencement of your scheduled review through the SafeRoads portal.

    By abandoning your request for review:

    • your Seizure Notice remains in effect
    • you will not receive a refund of the application fee

    A review is deemed abandoned if you or your representative do not provide any material for a written review.

Contact

Connect with SafeRoads Alberta:

Contact SafeRoads Alberta

Related

Vehicle Seizure and Removal Regulation

Driving suspensions

Impaired driving laws

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