Licence Appeal Tribunal
Appeal in matter of licence
FILE: 7405/MED
CASE NAME: 7405 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 Suspend a Licence
7405 Applicant
-and-
Registrar of Motor Vehicles Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR: Patrick Coffey M.D.
APPEARANCES:
For the Applicant: Self-represented
For the Respondent: Kyle Biel
Heard in Toronto: June 6, 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
Registrar's Evidence
Dr. G sent a Medical Condition Report concerning the Applicant to the Ministry of Transportation (MTO) on June 15, 2011. In this, he wrote "Alcohol or drug abuse" as the pertinent medical condition.
Having received this report, the MTO wrote to the Applicant, informing her that it had been decided to suspend her driving privilege and the letter detailed all the requirements that the Applicant had to initiate in order to have her case reconsidered for reinstatement.
The Substance Abuse Assessment form was completed jointly by the Applicant and Dr. M on September 14, 2011.
In this form and under Health History it was written: Gastritis or peptic ulcer disease.
The Physical Assessment was essentially normal.
The Laboratory Evaluation showed that the MCV level was raised to 105.3 (normal 80-97), and the GGT level was raised to 109, and on June 28, 2011 it was 159, (normal 5-40).
Under Alcohol Related Syndromes it was written that uncomplicated alcohol withdrawal began on August 27, 2011.
The AUDIT score was 13.
The DAST score was 0.
The Leeds Dependence Questionnaire was 0.
Under Treatment it was written: Al.-anon.
Under Diagnosis it was written: Dependence.
Under Recommendations it was written: Continue at Al.-anon and No longer dependent.
The MTO wrote to the Applicant on October 4, 2011 stating that it had been decided that her driving privilege should remain under suspension.
In the Certified Driver Record for the Applicant, dated May 23, 2012, there are no convictions, discharges or other actions and the Current Demerit Points are zero.
Applicant's Evidence
The Applicant explained that on June 15, 2011 she had stomach pains and her mother drove her to a hospital Emergency Department. During questioning at the hearing she admitted that she had been consuming alcohol at a party the night before. In the Emergency Department it was found that she still had "alcohol in her system". Two weeks later she received a letter from the MTO informing her that her licence had been suspended.
Having been through the above, she resolved to change her life. She attended Al.-anon, (and is still doing so). Soon after, because of her inability to drive her car, she had to follow the Al.-anon course with her computer on line. She gave up drinking. The last time she consumed alcohol was in August 2011. She is no longer keeping company with the partying friends she had before. What she feels has been a most positive development has been the efforts at alcohol rehabilitation made by her doctor, Dr. A.
She has been and is still seeing Dr. A twice a month. She is making definite progress with her help. The doctor is monitoring the Laboratory blood levels pertaining to alcohol and will be sending a report to the MTO before long.
The Applicant had been taking a training course in the Law Clerk program in which she was enrolled in a Toronto College. When her licence was suspended, she had to do this via on line correspondence. She has now graduated. But, due to her inability to drive, she has had difficulty in finding employment.
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 Tribunal notes that the Applicant's licence was suspended after she went to a hospital Emergency Department on June 15, 2011, because of stomach pains. The examining physician sent in a Medical Condition Report to the MTO with the diagnosis of Alcohol or drug abuse.
The Applicant admitted at the hearing that she had been at a party the previous night and had imbibed alcohol to excess. She also admitted to alcohol abuse for several years.
The Tribunal is of the opinion that the Applicant is making strong and sincere efforts to overcome her alcoholism and that progress is being made with the help of her physician.
However, the Tribunal has decided that more time should elapse before serious consideration can be given to the reinstatement of the Applicant's licence, during which time there should be the receipt of favourable reports, including biochemical markers for alcoholism, from her treating physician.
DECISION
Upon the application by the Applicant to appeal the decision dated July 1, 2011 of the Registrar to suspend her 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
Patrick Coffey M.D. Presiding Member
RELEASED: June 13, 2012