Licence Tribunal
Appeal d'appel en Tribunal matière de permis
2012-05-07
FILE:
7333/MED
CASE NAME:
7333 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
Applicant Applicant
-and-
Registrar of Motor Vehicles Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR:
Dr. Garry Fisher, Member
APPEARANCES:
For the Applicants:
Self-Represented
For the Respondent:
Kyle Biel, Agent
Heard in Toronto
May 1 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”).
FACTS
The Applicant is a 52 year old male who was taken by ambulance to a regional Emergency Room on Jan 29 2012. Dr R.S. examined him and determined that the Applicant was “alcohol dependent.” The alcohol dependent box on a form 203 was checked off and the form forwarded to the Registrar of Motor Vehicles. In addition, for emphasis, the doctor handwrote “uncontrolled alcoholism.”
Pursuant to Section 47(1) of the Highway Traffic Act the Applicant was notified of the suspension of his driver’s licence.
A package of material was forwarded to the Applicant clearly outlining the steps required to re-instate his licence:
A substance abuse assessment form needed to be completed (with the assistance of a doctor) and submitted to the Registrar;
The Applicant needed to be abstinent from alcohol for a year - shortened if a doctor deemed his treatment a success;
A battery of lab tests is required and any abnormal results explained; and,
All tests, current status, confirmation of treatment and a clear picture of control of the dependence were requested.
The Applicant sent no information to the Registrar.
He told the Tribunal that his beverage of choice is beer, but that on the day before he ended up in the E.R (Jan 28 2012), he picked up a batch of homemade wine. Sometime on the day of the 29th a friend found him on a couch “comatose.” He was asked “do you mean “unresponsive” and he agreed with that assessment.
He was asked about drinking habits since the E.R. visit and he attested that he hadn’t been drinking any alcohol. Tribunal staff who got close enough to the Applicant on the morning of the hearing might question that statement.
In January, he was admitted to hospital for one night at least. A referral was made to an addiction and treatment centre and the Applicant brought a brief referral letter to the hearing. He is due to see staff at Pinewood Centre the week of May 8 2012. The Tribunal, together with the Respondent, urged him to take the package from the Registrar to his appointment.
ISSUES
Should the decision of the Registrar to suspend the Applicant’s licence be confirmed, modified or set aside?
Is the Applicant no longer 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 Applicant, who, based on the evidence, suffers from an alcohol addiction, has no apparent insight into his difficulties. It is to be hoped that the addiction centre can get him started on the road to recovery. The Registrar has a clear responsibility, in the interest of public safety to be sure that alcohol dependent drivers are off the road.
DECISION
Upon the application by the Applicant to appeal the decision dated Feb 17 2012 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
Dr Garry Fisher Presiding Member
RELEASED: May 7, 2012