Licence Tribunal
Appeal d'appel en Tribunal matière de permis
DATE: 2012-01-08
FILE: 7707/MED
CASE NAME: 7707 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: Patrick Coffey, M.D., Presiding Member
APPEARANCES:
For the Applicants: self-represented
For the Respondent: Sonia De Santis
Heard by teleconference: December 20, 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
Police Constable C completed a Request for Driver’s Licence Review Form, dated January 29, 2012, concerning the Applicant. In this he wrote as follows:
On the 29th of January 2012 Northumberland OPP officers were dispatched to a family dispute in progress.
As a result of this investigation, it was determined that X, (the Applicant), suffers from mental health issues and does not take medication prescribed by doctors. He is also suspected to abuse drugs, and during the above incident attempted to jump from a moving vehicle and push the driver of the vehicle out.
I believe, due to his mental health issues and not taking proper medication, it is a hazard to allow X to operate a motor vehicle.
After the Ministry of Transportation (the “Ministry”) received this report, a letter was sent to the Applicant, (April 11, 2012), informing him that a decision had been made to suspend his licence.
Nurse L of the Mental Health Services Program completed a Nursing Discharge Summary, dated February 16, 2012, regarding the Applicant, writing as follows:
Patient has been assessed for discharge by Dr. M. Patient is now voluntary. No management problems for last 3-4 days. Patient is not psychotic. He denies intent or plan to harm others. F/U and ex discussed with patient.
A Mental Health Assessment was carried out by Dr. C on November 21, 2012. He wrote the following in his report:
Primary mental illness - 1. Bipolar disorder. 2. Personality disorder.
Current status - Stable with ongoing symptoms, (mild to moderate).
Current symptoms – Anxiety, depressive, agitation, emotional control.
Any difficulties in cognition, attention, memory or judgement? - No.
Admission to hospital in last 12 months - 2 or more times.
Patient taking prescribed medication? – No.
Patient receiving ECT treatment? – No.
Is patient compliant with recommended treatment regimen? – No.
Does the patient have appropriate insight of his medical condition? – Yes.
Has the patient been referred for a driving assessment? – No.
Additional Comments - History of Bipolar Mood Disorder, Personality Disorder, Substance Abuse. Had two hospital admissions, (December 2011 and January 2012).
In the Certified Driver Record for the Applicant, dated November 1, 2012, it is written that he was convicted of Speeding on December 3, 2009, June 7, 2010, December 20, 2011, January 11, 2012 and April 20, 2012. His current demerit points are 3.
Psychologist Ms. H wrote an eight page report, dated November 15, 2012. In the two page Summary, Ms. H noted that the Applicant’s overall level of intellectual functioning fell within the Low Average range. Problems with attention were found. He was impulsive and obsessive. His verbal comprehension and processing speed skills fell within the Low Average range. Assessment of his academic skills revealed strengths with respect to arithmetic functioning.
Ms. H expressed the opinion that the A was exhibiting symptoms consistent with Bipolar Affective Disorder with psychotic features and features of an Antisocial Personality Disorder.
Applicant’s Evidence
The Applicant asserted that the police report with respect to the January 29, 2012 family dispute in the car was “incorrect and one-sided”. He said that on that particular day he was not feeling himself because he had neglected to take his medication.
He did not arrange for completion of the Substance Abuse Assessment form for the reason that living in a small town in the country made it difficult for him to get to his doctor. He also added that his doctor, Dr. H, was not willing to complete this form.
In spite of what has been stated in the previous paragraph, the Applicant said that he is seeing his doctor, Dr.H, twice a month and his psychiatrist, Dr. C, about every month and a half.
The Applicant has recently been diagnosed with Coeliac Disease (which his mother has), and he is on a special diet for this. He was hospitalised in December 2011 because of this.
He is not taking any medication which was prescribed by his doctors. He does not get along with his father. He considers that he inherited his Bipolar Disease from his father.
The Applicant said that he is a welder by trade and that he needs to be able to drive and get back to his work.
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 Tribunal notes that on January 29, 2012 the police were dispatched to a scene where the Applicant had attempted to jump from a moving vehicle and push the driver of the vehicle (his Mother) out. As a result of this, the Applicant was hospitalised and treated for Bipolar Disorder and Personality Disorder. Substance abuse has been suggested but not confirmed. The Applicant has not attempted to have the required Substance Abuse Assessment form filled out. Subsequent to his discharge from the hospital, the Applicant has refused to take the prescribed medication for his Bipolar and Personality Disorder.
Based upon this evidence, the Tribunal is of the opinion that the Applicant's psychiatric disorder is severe. In the past his behaviour has been violent. The Tribunal is satisfied that, without treatment, the Applicant’s mental condition is likely to lead to his loss of self-control, which is likely to significantly interfere with his ability to drive a motor vehicle safely.
In view of the above, the Tribunal has decided that the licence of the Applicant should remain suspended.
DECISION
Upon the application by the Applicant to appeal the decision dated April 11, 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
Patrick Coffey M.D., Presiding Member
RELEASED: January 8, 2013