Licence Appeal Tribunal
FILE: 8175/MED
CASE NAME: 8175 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
8175 Applicant
-and-
Registrar of Motor Vehicles Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR: Kevin Flynn, M.D.
APPEARANCES:
For the Applicants: Self represented
For the Respondent: Victoria Sim, Agent
Heard in Windsor: July 25, 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 Respondent's Evidence
An unsolicited Medical Condition Report was completed on September 25, 2012 by a psychiatrist, Dr. F.K. at a mental health treatment centre, in compliance with Section 203 of the Act. The conditions reported were:
Alcohol Dependence
Drug Dependence
The patient is aware of this report.
In an accompanying Discharge Summary Report the patient was described as 62 years of age and is reported to having a drinking problem for forty years. Following the death of her partner in March 2012 her consumption increased up to forty ounces a day. She had experienced several blackouts and severe withdrawal symptoms.
She also started using opioids since 2009 following surgery and consumed Dilaudid left over from her deceased partner. She has used benzodiazepines for over ten years and in the past has used illicit drugs. She has been in Detox several times and has several alcohol free periods from one to six years. She has a history of mood swings and bipolar disorder and impulsive overdose of her medications on several occasions.
She was admitted for withdrawal on September 24, 2012 and discharged on September 28, 2012 without completing her treatment. Following discharge she attended AA and also an addiction program closer to her home.
Laboratory results in the admission period showed normal levels of GGT and MCV, biochemical markers of alcohol abuse.
The Registrar informed the Applicant by letter on October 26, 2012 that her driving privilege was suspended under Section 47(1) of the Act.
In order to be reinstated she is required to submit a Substance Abuse Assessment form completed by her physician and confirmation by her physician that she has remained abstinent from alcohol and non-prescribed and illicit drugs for a period of one year, which may be reduced if her physician provides confirmation that she has successfully completed a drug treatment program and is supportive of reinstatement.
She was informed of her right to appeal.
The Registrar did not receive the required completed Substance Abuse Assessment form.
The Applicant submitted results of laboratory reports dated April 29, 2013 showing a normal level of MCV, a biochemical marker for alcohol abuse. Liver function tests were normal but did not include GGT, also a biochemical marker for alcohol abuse. Drug screen was not included.
The Registrar informed the Applicant by letter dated July 10, 2013 that a Substance Abuse Assessment form completed by her physician must be submitted in order to be considered for reinstatement, together with confirmation of abstinence from alcohol and drugs for a period of one year as previously requested. A blank Assessment form was enclosed.
The Applicant's Evidence
In her Notice of Appeal, dated June 24, 2013 the Applicant stated in writing her Reasons for Appeal.
In summary she stated that following the death of her partner in March 2012 her alcohol abuse relapsed and also she increased her use of oxazepam in addition to using a narcotic, Dilaudid, left after her partner's demise. She entered the mental health treatment centre but left after four days because of dissatisfaction and continued to periodic drinking and also continued the use of oxazepam. She stopped Dilaudid and on March 4, 2013 entered a Withdrawal Management Service program under the auspices of the local community hospital. She stated that she stopped alcohol on January 3, 2013 and stopped the oxazepam on March 4, 2013.
She denied consuming the quantity of alcohol described in the Discharge Summary by Dr. F.K.
Under examination and cross-examination she stated that she began social drinking at age 17 and heavy drinking at age 21 following a divorce. At age 26 she was dinking six to twenty-six ounces of alcohol a day and she had a number of blackouts at work during that time. She did not have seizures or collapse but would have blank spells. She was advised by her physician to reduce drinking. She has never been charged with impaired driving.
She stated that she has been on medical disability since 2009 and attributes this to allergy to chemicals in the printing at a newspaper where she worked.
She stated that she lived in British Columbia from 1980 to 2009 but had no alcohol-related incidents while there. She returned to Ontario in 2009 in order to be close to her parents.
She attends AA once a week and has a new family physician since her previous physician refused to take her back following her discharge from the mental health centre. She stated that she has been unable to have the Substance Abuse Assessment form completed by this physician and undertook to ask that it be completed at the Withdrawal Management Service where there is a nurse practitioner as well as a supervising physician.
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 his or 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.
Section 47(1) of the Act gives the Registrar the power to suspend or cancel a driver's licence on the ground(s) set out in section 14 (1) of the Regulation set out above.
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)(g) of the Act upon receipt of a report by a physician, in compliance with Section 203 of the Act, that stated the conditions of alcohol and drug dependence.
The Registrar was justified in continuing suspension of the Applicant's driving privilege under Regulation 340/90 section 14(1)(b) upon failure by the Applicant to submit a completed Substance Abuse Assessment form, and confirmation by her physician that she has remained abstinent from alcohol and drugs for a period of one year.
The Canadian Council of Motor Transport Administrators, (CCMTA), Section 15.6.3 applies to all drivers who are under the influence of alcohol and illicit drugs.
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-licensing 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.
Written submission by the Applicant consisted of reading into the record the Reasons for Appeal.
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 alcohol and drug dependence.
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 November 5, 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, M.D., Presiding Member
RELEASED: July 30, 2013