Licence Tribunal
Appeal d'appel en Tribunal matière de permis
DATE: 2012-07-05
FILE: 7434/MED
CASE NAME: 7434 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: Dr. Kevin Flynn, M.D., Presiding Member
APPEARANCES:
For the Applicant: Self-represented
For the Respondent: Kyle M. Biel, Agent
Heard in Ottawa: July 5, 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 Registrar’s Case:
The Registrar received an unsolicited Medical Condition Report, completed pursuant to Section 203 of the Act on January 29, 2012 by Dr. C., Family Physician.
The condition named in the report was cognitive decline..
Under Doctor’s Comments it stated:
Family concerned about client driving safely
A second Medical Condition Report was completed by Dr. S. a psychiatrist, on February 27, 2012 pursuant to Section 203 of the Act.
This report the condition as:
Cognitive impairment. Threat to road safety unknown. MOCA Feb 27, 2012: 15/30
Dr. S. noted that the Applicant is aware of the report.
On April 24, 2012 the Registrar wrote to the Applicant informing her that it had been decided to suspend her driving privilege under Section 47(1) of the Act.
In order to be considered for reinstatement the following was required:
- A clinical evaluation of her cognitive functions
- (a) The results of all investigations conducted, (b) a diagnosis, (c) treatment, (d) current status, (e) confirmation that the condition is controlled.
- Details of residual deficits and other disqualifying medical concerns, if any.
She was informed that she may request an Administrative Review, and her right of Appeal.
A Notice of Appeal dated May 28, 2012 was received. No Reasons for Appeal were included.
The Applicant’s Case
The Applicant stated that she has held a driver’s licence since 1974. Her record shows no convictions and no demerit points.
She previously held a licence in the Province of Quebec. She worked in a bank before retirement. She is currently on a sleep medication, doxepin 10 mg.
Her husband was recently suspended from driving for medical reasons. She has been a patient of Dr. C. for a number of years. On the date of the Medical Condition Report she attended for examination for a cold and was not aware that any family member had discussed her driving with him. She was not able to say who referred her to see Dr. S. and assumed she was seen then because of sleep problems.
She informed the Tribunal that following receipt of the letter of suspension in April she took it to Dr. C. who advised her that if more information was required the Ministry could contact him.
No further medical information was provided to support her reinstatement.
ISSUES
Should the decision of the Registrar to suspend the Applicant’s licence be confirmed, modified or set aside?
Does the Applicant no longer suffer from a mental, emotional, nervous or physical disability 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 Registrar relies on:
O. Reg. 340/94, Section 14 that 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
Following receipt of Medical Condition Reports of cognitive impairment, filed by two physicians pursuant to Section 203, the Registrar was obliged to issue a suspension of the Applicant’s driving privilege under Section 47(1)(g) of the Act.
No medical information has been filed to support reinstatement of her driving privilege.
The Applicant relies on her clean driving record, the absence of health problems that she was aware of, her need to drive for appointments, shopping etc, and the loss of her husband’s driving privilege.
The Tribunal finds that the Registrar was justified in issuing a suspension of the Applicant’s driving privilege under Section 47(1) of the Act upon receipt of medical evidence filed under Section 203. Concerns by the family physician were supported by the psychiatrist who also conducted a standard assessment of the Applicant’s cognitive ability that indicated a serious level of impairment.
DECISION
Upon the application by the Applicant to appeal the decision dated May 4, 2012 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
Dr. Kevin Flynn, M.D., Presiding Member
RELEASED: July 12, 2012