Licence Tribunal
Appeal d'appel en Tribunal matière de permis
FILE: 7437/MED
CASE NAME: 7437 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
Applicant Applicant
-and-
Registrar of Motor Vehicles Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR: D. Ian Turnbull, MD
APPEARANCES:
For the Applicant: Brian Chambers, Counsel
For the Respondent: Kyle Biel, Agent
Heard in London, Ontario July 3, 2012
DECISION AND ORDER
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”).
BACKGROUND
The Applicant is a 51-year-old warehouse man, whose driving privileges were suspended by a letter dated March 1, 2012 from the Registrar (Exhibit 1).
A physician, reporting under Section 203 of the Highway Traffic Act, sent a Medical Condition Report to the Registrar (Exhibit 3, Tab 11) dated February 20, 2012, citing “alcohol dependence.”
The March 1, 2012 letter from the Registrar outlined the steps required for consideration of restoration of the Applicant’s driving privileges.
The Applicant sent a Notice of Appeal – Medical to the Licence Appeal Tribunal, dated May 9, 2012 (Exhibit 2).
The following exhibits were filed.
- Notice of Suspension of Driving Privileges – Registrar – dated March 1, 2012.
- Notice of Appeal – Medical – Applicant – dated May 9, 2012.
- Tabbed Submission (1-4) – Registrar- dated June 14, 2012.
FACTS
The Medical Condition Report completed by the Applicant’s long-term physician (15 years) states:
“Worrisome, binge drinking with documented blood alcohol levels that are extremely high”.
The Medical Condition Report also indicates the Applicant’s awareness of this report.
The Medical Review Section of the Registrar received none of the information requested in the letter dated March 1, 2012.
The effective date of the suspension of the Applicant’s driving privileges was March 11, 2012. The Applicant has a past (1987) conviction for impaired driving (Exhibit 3, Tab 4).
The Applicant says he has two beers before dinner and, for social functions, “maybe seven-to-eightbeers.”On these occasions, he leaves his car keys at home, and either takes a bus or cab.
Further, the Applicant says his physician had never discussed an alcohol problem with him. The Applicant doesn’t know how his physician became concerned about his alcohol problem. He has not seen his physician since the March 1, 2012, letter of suspension, but still considers him to be his doctor.
The Applicant currently has no demerit points (Exhibit 3, Tab 4).
ISSUES
Should the decision of the Registrar to suspend the Applicant’s licence be confirmed, modified or set aside?
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 Registrar acted correctly in suspending the Applicants driving privileges upon receiving a Medical Condition Report sent by the Applicants long-time physician pursuant to Section 203 of the HTA.
The Medical Condition Report deserves close examination. In the Tribunal`s experience, Exhibit 3, Tab 1 provides more information than most Medical Condition Reports, in the “Optional” section.
The Applicant says he has been going to this doctor for at least 25 years, not the 15 years indicated in the Report.
The physician refers to “binge drinking”. There is no standard definition of binge drinking. No matter which definition of binge drinking you choose, the important point is the physician says this behaviour (binge drinking) is “worrisome”.
The “Optional” section continues with “documented blood alcohol levels that are extremely high”. Not just high, but “extremely high”.
There is no evidence as to how, where or when these blood alcohol determinations were made. The Applicant says his physician did not obtain any blood samples from him. The Applicant is vague as to when a blood sample was obtained.
The Applicant knew the physician was sending this report to the Registrar – “patient is aware of this report” yet he sayshe neither questioned the content of the Report, nor did he understand his driving privileges could be suspended by the Registrar because the “alcohol dependence” box had been checked off.
The Applicant referred to Ontario Regulation 340∕94, Section 14(i)b, with particular emphasis on the word “significantly:
(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
The Applicant claims the physician's Medical Condition Report is insufficient evidence to continue the suspension of driving privileges.
The Tribunal puts significant weight and reliance on the Medical Condition Report. It represents the considered opinion of a physician who has known the Applicant for as much as 25 years. The Tribunal believes his physician did not use the adjectives “worrisome” and “extremely “, lightly.
The Applicant has not provided any medical information to either contradict the Medical Condition Report or suggest that his condition has changed and therefore it would be appropriate to have his licence reinstated.
The Registrar also refers to both Regulation 340∕94, cited above, and the Canadian Council of Motor Transport Administration (CCMTA) – August 2011 (Exhibit 3, Tab 4), Section 13.2, Page 50 – Alcohol and Driving.
In the interest of both public safety and that of the Applicant, the Tribunal concludes it is reasonable for the Applicant to provide the Registrar with the medical information requested in the letter dated March 1, 2012.
Having reviewed the evidence and submissions, the Tribunal finds on balance the Registrar has acted properly in maintaining suspension of the Applicant's driving privileges.
DECISION
Upon the application by the Applicant to appeal the decision dated March 1, 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
D. Ian Turnbull, Presiding Member
RELEASED: July 13, 2012