Licence Appeal Tribunal
File: 7864/MED
Case Name: 7864 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: 7864
-and-
Respondent: Registrar of Motor Vehicles
Reasons for Decision and Order
Adjudicator: Dr. Patrick Coffey
Appearances:
For the Applicant: Self-represented
For the Respondent: Sonia De Santis
Heard in Toronto: February 12, 2013
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 Evidence
Dr. R wrote a letter to the Ministry of Transportation, dated October 30, 2012, regarding the Applicant, as follows:
This 71 year old patient has presented to the emergency room multiple times over the last week or so with an SVT. She has been advised on all occasions that she should not be driving. She still does. She is at high risk of losing consciousness and causing an accident. Her insight into this situation is poor. I would suggest that she have her license immediately revoked and that further cardiac assessment be done.
When the Ministry of Transportation received this letter, it then sent a letter to the Applicant informing her that it had been decided that her driving privilege should be suspended. The letter further detailed what the Ministry required in order for her to be reinstated.
The certified Driver Record for the Applicant, dated January 22, 2013 shows that, between January 27, 2010 and March 2012, the Applicant has been convicted of speeding twice. Her current demerit points total 7.
On February 6, 2013, cardiologist Dr. F wrote a letter to the Applicant's family physician Dr. Y. In this, he wrote, in part, that he initially saw the Applicant on December 18, 2012, and that it was clear that she was having episodes of supraventricular tachycardia. Subsequent to this, she had at least three if not four visits to the local Emergency Department with palpitations. Dr. F wrote that the Applicant "is continuing to have supraventricular tachycardia, which although it does not cause any serious symptoms, is very distressing. She needs referral to an electrophysiologist for an ablation". Dr. F wrote that the Applicant had not had any dizziness, loss of consciousness or chest pain. He finally wrote, "I do not believe that palpitations without any presyncopal symptoms are a reason to remove a licence. I therefore support her application to the Ministry of Transportation to have her driving license reinstated."
The Applicant's Evidence
The Applicant stated that she has had numerous episodes of palpitations in the last two weeks or so. During these, she suddenly feels that her heart is racing. This is very uncomfortable, but she does not feel weak or dizzy. These palpitations are ended by the medication she receives in the hospital, so she goes straight there if an episode starts. Her cardiologist, Dr. F, has started her on a medication and is arranging for her to have a procedure for this problem of hers.
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 Tribunal notes that recently the Applicant was forced to go hurriedly to the local Hospital Emergency Department, numerous times, because of the sudden onset of palpitations, which she found very distressing. When she went there on October 30, 2012 the examining doctor sent a report to the Ministry of Transportation suggesting that her driving license be suspended and that she be examined by a cardiologist.
The Applicant was examined by cardiologist Dr. F on February 6, 2013. He noted that her condition does not cause serious symptoms and in particular, no dizziness, chest pain or loss of consciousness. It was his opinion, that the Applicant's condition did not require any cessation of driving and that she should have her license reinstated.
The Tribunal notes that it was the recommendation of Dr R that the Applicant see a cardiologist. She followed through on that recommendation and Dr. F has offered his advice regarding her driving privileges. Further, the Tribunal notes that Dr. F has prescribed medication which the Applicant now takes to deal with the palpitations
The Tribunal, after reviewing all of the evidence, and in particular, the advice of the cardiologist, has decided that the Applicant does not 'suffer from a physical condition...likely to significantly interfere with her ability to drive a motor vehicle ...safely" and therefore her driving privilege should be reinstated.
Decision
Upon the application by the Applicant to appeal the decision dated January 8, 2013 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 set aside.
LICENCE APPEAL TRIBUNAL
Patrick Coffey, MD Presiding Member
RELEASED: February 25, 2013