Licence Appeal Tribunal
Appeal d'appel en Tribunal matière de permis
FILE: 8631/MED
CASE NAME: 8631 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
8631 Applicant
-and-
Registrar of Motor Vehicles Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR: Kevin Flynn, M.D., Member
APPEARANCES:
For the Applicant: Self-represented
For the Respondent: Kyle Biel, Agent
Heard in Toronto: March 12, 2014
DECISION AND REASONS
This is an appeal to the Licence Appeal Tribunal (the “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 submitted results of laboratory tests to the Tribunal. Tests were performed on the following dates (normal laboratory values in parenthesis):
Date MCV (80-97) GGT (5-36) ALT (4-43) AST (6-42) Alk Phos (30-110)
09/08/12 96.4 N/A N/A 31 88
13/06/08 93.2 N/A 37 N/A 90
28/09/11 98.6 N/A N/A N/A N/A
29/01/14 93 N/A 20 20 70
Mr. Biel accepted these results and the Tribunal agreed that the results were consistent with no evidence of alcohol abuse on or around the dates provided. GGT tests were not included.
Also submitted by the Applicant was a copy of an Employee Performance Review that was noted “Satisfactory”.
FACTS
The Registrar’s Evidence
The Applicant appealed the suspension of her driving privilege under section 47(1) of the Act, effective December 16, 2012.
The suspension was based upon an unsolicited Medical Condition Report completed on November 10, 2012 by Dr. P., a physician in an Emergency Room, in compliance with section 203 of the Act.
The condition reported was based on examination on November 10, 2012 and stated:
Alcohol Dependence
Involved in a car accident (rear ended stopped car on highway) while intoxicated
Patient is aware of this report
On December 6, 2012 the Registrar informed the Applicant by letter that her driving privilege was suspended pursuant to section 47(1) of the Act.
In order to be considered for reinstatement she was required to take the letter to her treating physician, specialist or nurse practitioner when her condition improved and to have the following information sent to the Medical Review Section:
If your physician confirms a diagnosis of alcohol dependence, the ministry will require confirmation that you have remained abstinent from alcohol for a period of one year. This period may be reduced if your physician confirms that you have successfully completed an alcohol treatment program and is supportive of your driving privilege.
The enclosed
form(s) completed in full and all questions answered.
She was informed that all the requested information must be provided or it may result in a delay of her review. She was informed of her right of appeal or administrative review.
Mr. Biel submitted the driver’s record that shows an Administrative Driver’s Licence Suspension on November 11, 2012, and a Careless Driving conviction on August 23, 2013.
Mr. Biel informed the Tribunal that the Ministry has no record of communication from the Applicant regarding the Substance Abuse Assessment. He informed the Applicant of the value of the contents of this form when consideration is given to application for reinstatement.
The Applicant’s Evidence
The Applicant informed the Tribunal that on the evening of November 10, 2012, she arrived home from work at 4:00 p.m. Her recently separated partner was present and she consumed two bottles of beer. He invited her to a movie and they left the home between 5:00 and 5:30 p.m. They had some popcorn and a pop, and while in the men’s washroom her partner added some rye whiskey to the soda. She identified that the drink had alcohol and she made a conscious decision to drink it.
After the movie, she was driving her partner home as he did not have a valid licence. While on an expressway she saw that a car was stopped on the right side for an accident that was being cleared in front of it. She tried to pull her car to the left but there was no room and she collided with the stopped car. She exited her car and found that there were no injuries. A police car and an ambulance came on scene and she arrived in the emergency room at about the same time as the police.
She was given a breathalyzer test at about 11:00 p.m. and was cautioned and charged.
Under cross-examination, the Applicant acknowledged that she was asked by her partner if she wanted a drink and she said “yes”. She felt the effects of the alcohol when leaving the theatre.
When questioned about her failure to complete the Substance Abuse Assessment form, she stated that her family physician retired in October 2012. She showed the form to the new physician at the medical office and was told that it could not be completed as she was not known to the new doctor.
She stated that she did not ask other doctors to complete the form. She started to use walk-in clinics and because of her work and busy home life, she did not establish a relationship with a new physician.
She acknowledged that she has continued to consume alcohol since the suspension. Her last drink was two weeks prior to the hearing. Her weekend consumption is 5 or 6 beers.
She stated that she had her first drink of alcohol at age 12 and her first intoxication was between age 13 and 14.
She denied binge drinking.
ISSUES
Should the decision of the Registrar to suspend the Applicant’s licence be confirmed, modified or set aside?
In particular:
Is the Applicant addicted to the use of alcohol or a drug to an extent 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.
Section 47(1) states:
- (1) 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:
- (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.
The Registrar in submissions relies on:
An unsolicited Medical Condition Report filed on November 10, 2012 by a physician in compliance with section 203 of the Act reporting alcohol dependence.
Section 47(1)(g) of the Act authorized the Registrar to issue a suspension of the Applicant’s driving privilege.
Ontario Regulation 340/94, section (14) authorized the Registrar to continue the suspension until the Applicant submits confirmation by her treating physician that she has remained abstinent from alcohol for a period of twelve months, has successfully completed an alcohol treatment program and is supportive of her driving privilege.
A Substance Abuse Assessment form has not been completed as requested by the Ministry.
The Canadian Council of Motor Transport Administrators (“CCMTA”), under section 15.6.3, which applies to all drivers who are under the influence of alcohol and illicit drugs, and states:
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.
The Applicant has acknowledged that she was aware that she was driving under the influence of alcohol when the car she was driving collided with a stationary car. She failed a breathalyzer test, was issued a 90 day suspension and was charged with Careless Driving.
The onus is on the Applicant to provide medical support for reinstatement and to provide the Ministry with the information requested on a Substance Abuse Assessment before consideration can be given to her request for reinstatement.
The Applicant in submission acknowledged that she has not adhered to the Registrar’s requirements for reinstatement.
She stated that she is aware of her option to see an Addictions Medicine specialist in order to have the Substance Abuse Assessment form completed.
APPLICATION OF THE LAW TO FACTS
The Tribunal finds that the Registrar was justified in issuing a suspension of the Applicant’s driving privilege upon receipt of a Medical Condition Report of alcohol dependence by a physician in compliance with section 203 of the Act. The Applicant attended the hospital emergency room as a result of her motor vehicle accident in which she was the driver.
The Substance Abuse Assessment form requested by the Registrar has been ignored by the Applicant.
The Tribunal notes that the limited laboratory reports submitted by the Applicant are insufficient evidence to determine alcohol abuse or dependence.
The Registrar was justified in issuing a suspension of the Applicant’s driving privilege under section 47(1) of the Act, and a continuation of the suspension under Ontario Regulation 340/94, section (14), due to failure by the Applicant to provide the medical information for consideration of reinstatement. The Applicant had consumed alcohol prior to the motor vehicle accident. Her ability to drive safely had been compromised.
The Tribunal finds that the onus is on the Applicant to provide the information requested by the Registrar sixteen months ago and to prove that she is not addicted to the use of alcohol or a drug to an extent likely to significantly interfere with her ability to drive a motor vehicle safely.
The Tribunal finds that there is no medical evidence in support of re-licensure.
DECISION
Upon the application by the Applicant to appeal the decision, effective December 16, 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., Member
Released: March 21, 2014