Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2013-05-14
FILE:
8013/MED
CASE NAME:
Applicant 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:
Kevin Flynn
APPEARANCES:
For the Applicants:
No one appearing
For the Respondent:
Kyle Biel, Agent
Heard in Toronto:
May 7, 2013
DECISION AND REASONS
NATURE OF APPEAL
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”).
PRELIMINARY MATTERS:
Notice of Hearing to commence at 9:30 on May 7, 2013 was mailed to both parties by the Licence Appeal Tribunal. The Tribunal was not notified by the Applicant of her intention not to appear or to be late. Accordingly the hearing commenced at the time set and was adjourned to 10:15 and recommenced at that time.
The Tribunal’s Case Management Officer informed the Tribunal that Notice of Hearing had been delivered to the address on file; that he had telephoned the Applicant during the recess and had spoken to her mother who informed him that the Applicant had left the home that morning and furthermore that on the previous day the mother had reminded the Applicant of the hearing.
Mr. Biel, agent, submitted that the evidence book prepared by the Respondent was sent by courier to the Applicant on April 17, 2013, was returned, as not picked up, on April 19, 2013 and was resent on May 3, 2013. Mr. Biel had no objection to continuing the hearing in the absence of the Applicant.
The Tribunal marked as an exhibit in this matter the affidavit of service as affirmed onApril 11, 2013 by the Case Management Officer attesting to the service of the Notice of Hearing.
FACTS
The Respondent’s Case
On October 23, 2012 the Registrar received a Medical Condition Report completed by Dr. P., a physician at an Emergency Room in compliance with Section 203 of the Act. The Report was dated June 26, 2012 and was based on an examination the same date.
The report condition:
Mental or Emotional Illness-Unstable
Bizarre behaviour while operating vehicle. Unclear if intentionally overdosed.
The Registrar informed the Applicant by letter on November 26, 2012 that her driving privilege was suspended under Section 47(1) of the Act. She was requested to take the letter of suspension to her physician for completion of the enclosed Mental Health Assessment.
The Applicant requested and was provided with a copy of the Medical Condition Report under Freedom of Information. No further medical information was received by the Registrar.
In her Notice of Appeal dated March 15, 2013 the Applicant wrote:
My licence was taken away from me by a police officer at the end of November 2012. He said it was due to medical reasons. It was a shock to me because I was not in any hospital in November of 2012.
Mr. Biel noted that the Applicant contacted the Medical Review Section on March 27, 2013 requesting a copy of the notice of suspension, which was mailed to her on the same day.
ISSUES
Should the decision of the Registrar to suspend the Applicant’s licence be confirmed, modified or set aside?
Does the Applicant suffer from any mental, emotional, nervous or physical condition or disability likely to significantly interfere with her ability to drive a motor vehicle of the applicable class 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
Agent for the Respondent stated that:
The Registrar was justified in suspending the Applicant’s driving privilege under Section 47(1) upon receipt of a report by a physician, in compliance with Section 203 of the Act, that stated the condition was “unstable mental condition with bizarre behaviour”.
The Canadian Council of Motor Transport Administrators, (CCMTA), Section 14.6.1 states:
All drivers are eligible for a licence if
the condition is stable
the driver has sufficient insight to stop driving if condition becomes acute
the functional abilities necessary for driving are not impaired
a treating physician supports a return to driving, for drivers who have stopped driving due to a psychiatric disorder, and
the conditions for maintaining a licence are met.
- The medical condition reported is open to speculation as to the Applicant’s present condition as the requested medical assessment has not been submitted. in order to determine if Regulation 340/94 (14) (a) would apply.
The Tribunal finds that the Registrar was justified in suspending the Applicant’s driving privilege under Section 47(1) of the Act upon receipt of a medical report of an unstable mental condition with bizarre behaviour. In the absence of medical information in support of reinstatement, the Registrar is justified in continuing the suspension under Regulation 340/94 (14)(a).
DECISION
Upon the application by the Applicant to appeal the decision dated December 6, 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
KEVIN FLYNN Presiding Member
RELEASED: May 14, 2013