Licence Appeal Tribunal
Appeal en matière de permis
FILE: 7233/MED
CASE NAME: 7233 v. Registrar of Motor Vehicles
Appeal under Section 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8, from a Decision of the Registrar of Motor Vehicles Pursuant to Section 47(1) of that Act - to Appeal a Suspended Licence
7233 Applicant
-and-
Registrar of Motor Vehicles Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR: D. Ian Turnbull, MD
APPEARANCES:
For the Applicants: Self-represented
For the Respondent: Kyle Biel
Heard in Toronto, ON March 13, 2012
DECISION AND REASONS
This is an appeal to the Licence Appeal Tribunal by the Applicant respecting a decision of the Registrar of Motor Vehicles (the "Registrar") pursuant to section 47(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the "Act").
EXHIBITS
- Original Letter of Suspension – October 31, 2000 – Registrar
- Applicant's Notice of Appeal, Medical – February 16, 2012 – Applicant
- Tabbed Submission – February 22, 2012 – Registrar
FACTS
The Applicant is a 42-year-old small businessman whose driving privileges were suspended effective November 10, 2000 (Exhibit 3, Tab 3b) by letter from the Registrar dated October 31, 2000 (Exhibit 3, Tab1).
The suspension followed a physician's unsolicited report of August 30, 2000 (Exhibit 3, Tab 1) concerning substance abuse and its effect on his "continued driving ability".
The Applicant did not respond to the Registrar's request for medical information (Exhibit 3, Tab 2), until July 2003. Another doctor (the Applicant's long-time physician) sent a Medical Report (Exhibit 5) indicating the Applicant was "in good health and fit to drive."
On October 16, 2003 (Exhibit 3, Tab 6), the Registrar responded asking for a report from a physician specializing in Addictions Medicine.
No additional medical information has been supplied by the Applicant, as of the appeal's hearing date (March 13, 2012).
The Applicant believes the reporting physician (August 30, 2000) was "in cahoots" with his ex-wife because of a custody battle for their son.
The Applicant simply states there was no medical evidence to support the reporting physician's letter, so he does not have to provide any medical evidence to the contrary.
He states there is a lawyer's letter saying, "there is no medical evidence," but he was unable to obtain this evidence in time for today's hearing.
The Applicant's reasons for waiting so long to appeal are twofold.
Firstly, he was pre-occupied over seven years with the separation, custody issue and divorce from his first wife.
Secondly, he needs to drive because of his job and having access to his son.
The Applicant currently has no demerit points (Exhibit 3, Tab 7).
The Applicant states he is illiterate.
The Applicant states he has had a marijuana license supported by a declaration from yet another physician for "chronic pain" since October 2011. The Applicant has not smoked marijuana for the past three years.
The Applicant filed a Notice of Appeal – Medical, February 12, 2012 (Exhibit 2).
ISSUES
Should the decision of the Registrar to suspend the Applicant's licence be confirmed, modified or set aside?
Is the Applicant addicted to the use of alcohol or a drug to an extent likely to significantly interfere with his or her ability to drive a motor vehicle safely?
LAW
O. Reg. 340/94, Section 14 states:
(1) An applicant for or a holder of a driver's licence must not,
(a) suffer from any mental, emotional, nervous or physical condition or disability likely to significantly interfere with his or her ability to drive a motor vehicle of the applicable class safely; or
(b) be addicted to the use of alcohol or a drug to an extent likely to significantly interfere with his or her ability to drive a motor vehicle safely.
(2) In determining whether an applicant for or a holder of a driver's licence of any class meets the qualifications described in subsection (1), the Minister,
(a) may take into consideration the relevant medical standards for applicants or holders of that class of driver's licence set out in the CCMTA Medical Standards for Drivers; and
(b) may require the applicant or holder to provide evidence satisfactory to the Minister that he or she is able to drive a motor vehicle of the applicable class safely, including,
(i) any reports of examinations under section 15, and
(ii) any additional medical information.
(3) Despite clause (2) (a) and unless otherwise provided in this Regulation, if there is a difference between a medical standard set out in the CCMTA Medical Standards for Drivers and a medical standard set out in this Regulation, the Minister shall take into consideration the standard set out in this Regulation instead of the standard set out in the CCMTA Medical Standards for Drivers.
(4) In this section, the CCMTA Medical Standards for Drivers means the document entitled CCMTA Medical Standards for Drivers, published by the Canadian Council of Motor Transport Administrators and dated March 2009, as it may be amended from time to time, that is available on the Internet through the website of the Canadian Council of Motor Transport Administrators.
Section 47(1) states:
Subject to section 47.1, the Registrar may suspend or cancel,
(b) a driver's licence; …
on the grounds of,
(d) misconduct for which the holder is responsible, directly or indirectly, related to the operation or driving of a motor vehicle;
(e) conviction of the holder for an offence referred to in subsection 210(1) or (2);
(f) the Registrar having reason to believe, having regard to the safety record of the holder or of a person related to the holder, and any other information that the Registrar considers relevant, that the holder will not operate a commercial motor vehicle safely or in accordance with this Act, the regulations and other laws relating to highway safety; or
(g) any other sufficient reason not referred to in clause (d), (e) or (f).
Section 50 of the Act states:
50 (1) Every person aggrieved by a decision of the Minister made under subsection 32(5) for which there is a right of appeal pursuant to a regulation made under clause 32 (14) (n) or a decision of the Registrar under section 17 or 47 may appeal the decision to the Tribunal.
(2) The Tribunal may confirm, modify or set aside the decision of the Minister or the Registrar.
APPLICATION OF THE LAW TO FACTS
The Tribunal finds the Registrar has made the case to continue the suspension of the Applicant's driving privileges.
The Registrar makes the following points:
The Applicant's driving privileges were appropriately suspended following receipt of his physician's letter of October 31, 2000 (Exhibit 3, Tab 1).
None of the medical information requested in two letters from the Registrar (Exhibit 3, Tabs 2 and 6) has been supplied by the Applicant.
Until that information has been received by the Registrar and reviewed by the Medical Advisory Committee, there should be no consideration of restoring the Applicant's driving privileges.
The Applicant has not responded to two reasonable requests to provide medical information (Exhibit 3, Tabs 2 and 6).
The reporting physician's letter (Exhibit 3, Tab 1) is more than the usual Medical Condition Report. Although the physician does not name the "abusive substance," he goes into great detail about its effect on the Applicant and possibly his ability to drive a motor vehicle safely.
During the hearing, the "substance" was identified as marijuana. The Applicant says he did smoke marijuana at the time and had received counselling, prior to October 31, 2000.
The Applicant only offers "what is the evidence?" He says there will eventually be evidence from a provincial divorce court and the Licence Appeal Tribunal hearing is only the first of several steps which could lead to the Supreme Court.
The Tribunal refers specifically to the Act,
Reg. 340/94, Section 14 states:
(1) An applicant for or a holder of a driver's licence must not,
(b) be addicted to the use of alcohol or a drug to an extent likely to significantly interfere with his or her ability to drive a motor vehicle safely.
On the current state of the record, the Tribunal has before it the evidence of a properly qualified medical practitioner identify the fact that the Applicant has a substance abuse problem. Despite several requests, the Applicant has failed to provide evience to the contrary. In the interest of public safety and the Applicant's safety, the Tribunal finds the Applicant must supply the Registrar with the requested medical information before consideration of restoration of his driving privileges.
DECISION
Upon the application by the Applicant to appeal the decision dated November 10, 2000, of the Registrar to suspend his driver's licence pursuant to Section 47(1) of the Act, and having considered the evidence filed with the Tribunal, and the submissions of the Registrar and of the Applicant;
IT IS THE DECISION OF THE TRIBUNAL pursuant to the authority vested in it under section 50(2) of the Act that the decision of the Registrar be confirmed.
LICENCE APPEAL TRIBUNAL
D. Ian Turnbull, MD, Presiding Member
RELEASED: March 20, 2012