Licence Appeal Tribunal
FILE: 8019/MED
CASE NAME: 8019 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
8019 Applicant
-and-
Registrar of Motor Vehicles Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR: D. Ian Turnbull, MD, Member
APPEARANCES:
For the Applicants: Unrepresented
For the Respondent: Sonia Di Santis, Agent
Heard in Toronto, Ontario: May 7, 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”).
PRELIMINARY MATTERS
The Applicant entered recent laboratory reports (April 14, 2013 and May 1, 2013) by consent as Exhibit 4.
FACTS
- After searching the internet, The 30-year-old Applicant went to a local hospital on March 20, 2013, believing he had "liver problems."
He had been experiencing itchy hands and feet, a weird feeling in his head, a funny taste in his mouth, loss of appetite and anxiety.
An Emergency Room (ER) physician ordered some "blood tests," and subsequently told the Applicant he had to report him to the Registrar.
The ER physician checked off the "alcohol dependence" box and reported to the Registrar (Exhibit 3, Tab 1) pursuant to Section 203 of the Highway Traffic Act (HTA) on March 20, 2013.
In a letter dated March 21, 2013 (Exhibit 1), the Registrar suspended the Applicant's driving privileges for reported alcohol dependence.
The same letter stated the Registrar would need proof of abstinence from alcohol for a period of one year, but the suspension period could be reduced if his physician confirms the Applicant had successfully completed an alcohol treatment program and is supportive of his driving privileges.
In a letter dated April 8, 2013 (Exhibit 2), the Applicant sent a Notice of Appeal stating, “I spent less than four minutes speaking with the doctor that attended to me,” and "he couldn't have been able to learn enough about me to give the MOT any reasonable input on my ability to drive."
An in-person hearing was arranged for May 8, 2013 at the Tribunal Chambers in Toronto.
ISSUES
Should the decision of the Registrar to suspend the Applicant’s licence be confirmed, modified or set aside?
Is the Applicant 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?
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 finds the Registrar has made the case that the Applicant’s driving privileges should remain suspended.
The ER physician was faced with a difficult decision when the Applicant presented March 20, 2013 with "likely liver problems" and told him they were likely caused by drinking too much alcohol.
In the Medical Condition Report Exhibit 3, Tab 1), the physician only ticked off the "Alcohol Dependence" box, not taking the opportunity to embellish this opinion in the "Optional" section of the form.
Based solely on the Medical Condition Report dated March 20, 2013, the decision was made by the Registrar to suspend the Applicant's driving privileges, in a letter dated March 21, 2013 (Exhibit 1), effective March 31, 2013.
The Registrar is faced with a dilemma when a physician only ticks off the "alcohol dependence" box in the Medical Condition Report and sends it to the MTO with no additional information.
The Tribunal believes the Applicant's comments in his Notice of Appeal (Exhibit 2) raise concerns about the seemingly reflex suspension of his driving privileges when so little is known about his hospital ER visit of March 20, 2013. However, the Applicant's sworn testimony gives a measure of support to the Registrar's decision to suspend his driver's licence. The Applicant will only say that he“was drinking too much.”
The Tribunal asked the Applicant for clarification of "too much." The Applicant had no answer. The Tribunal believes this information should be included in the to-be-completed Substance Abuse Assessment form (Exhibit 3, Tab 2b).
The Applicant states that during his 10-year association with his physician, he lied about his drinking habits and the physician for help. The Applicant has not had a drink since his March 20, 2013 hospital visit.
The Applicant is appropriately shocked when he voluntarily goes to the hospital ER because he feels unwell and leaves a few hours later being labelled "alcohol dependent" and likely en route to a driver's licence suspension.
The Tribunal recommends the Applicant complete the Substance Abuse Assessment form (Exhibit 3, Tab 2b) with his physician of 10 years.
The Applicant’s physician says "he has been through this before in his practice." The Applicant and his family doctor will repeat the laboratory work for two months. Since he has stopped drinking, the laboratory results should be "clean" and his physician will support restoration of his driving privileges.
The Applicant will also have to provide confirmation of successful completion of an alcohol treatment program.
In making this decision, the Tribunal considers (Exhibit 3, Tab 4), Ontario Regulation 340/94, Section 14(1)(b)
O. Reg. 340/94, Section 14 states:
(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.
and Ontario HTA, Section 47 (1)(g) states::
Subject to section 47.1, the Registrar may suspend or cancel,
(g) any other sufficient reason not referred to in clause (d), (e) or (f).
The Tribunal also considers the guideline (Exhibit 3, Tab 3) of the Canadian Council of Motor Transport Administrators (CCMTA), "Determining Driver Fitness in Canada," specifically Page 231, Section 15.6.3.
15.6.3 Substance Abuse or Dependence - All Drivers
This applies to all drivers who are under the influence of alcohol and illicit drugs such as opioids, cocaine, amphetamines, etc.
STANDARD
All drivers eligible for a licence if
- Meets the criteria for remission and/or has abstained from the substance for 12 months.
- Earlier re-licencing may be considered upon favourable recommendation from an addictions specialist and/or treating physician recognized by the licensing authority and the successful completion of a drug rehabilitation program.
- The functional abilities necessary for driving are not impaired.
- Where required, a road test or other functional assessment shows that the functional abilities for driving are not impaired.
Conditions for maintaining licence
None
Reassessment
- Routine or more frequently at the discretion of the licensing authority
Information from health care providers
- Types of drugs used
- Details of underlying medical conditions
- Opinion from an addictions specialist and/or treating physician recognized by the licensing authority
- The successful completion of a substance abuse rehabilitation program and
- Report on whether the individual is abstinent and/or in remission
Rationale
These substances are known to potentially impair the ability to operate a motor vehicle safely.
Draft 12: September 2012
The Registrar acted properly in suspending the Applicant's driving privileges in a letter dated March 1, 2013 (Exhibit 1). The suspension was based on receipt of a Medical Condition Report (Exhibit 3, Tab 1) dated March 20, 2013, indicating "alcohol dependence".
The Registrar was correct in asking the Applicant to complete a Substance Abuse Assessment (SAA) form in the same letter.
In considering the entirety of the evidence, sworn testimony and the HTA, the Tribunal is mindful of the safety of both the Applicant and the motoring public.
The Tribunal finds the evidence supports the conclusion that on a balance of probabilities, the Applicant may suffer from alcohol dependence which is likely to significantly interfere with his ability to operate a motor vehicle safely.
DECISION
Upon the application by the Applicant to appeal the decision dated March 21, 2013 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, MD, Presiding Member
RELEASED: May 15, 2013