]Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2014-07-08
FILE:
8884/MED
CASE NAME:
8884 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
Appellant
Appellant
-and-
Registrar of Motor Vehicles
Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR:
Kevin Flynn, M.D., Member
APPEARANCES:
For the Appellant:
Appellant’s Granddaughter, Agent
For the Respondent:
Kyle Biel, Agent
Heard in Barrie:
July 2, 2014
DECISION AND REASONS
This is an appeal to the Licence Appeal Tribunal (the “Tribunal”) by the Appellant 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
At the commencement of the Hearing it became apparent that the Appellant was having difficulty communicating with the Tribunal due to a history of strokes and because English is not his first language.
Accordingly, the Tribunal designated his granddaughter, a mature university graduate, as his agent for the purposes of assisting with communication at the hearing, to which she and Mr. Biel agreed.
The Respondent’s disclosure was sent to the Appellant but since he did not bring his copy to the hearing, a copy was provided by Mr. Biel and the hearing recessed for 15 minutes to permit the Appellant time to review the evidence.
FACTS
The Respondent’s Evidence
The Appellant is appealing a suspension of his driving privilege under section 47(1) of the Act, effective May 15, 2014.
The suspension was based upon an unsolicited Medical Condition Report completed on April 30, 2014 by Dr. B., the Appellant’s family physician for three years, in compliance with section 203 of the Highway Traffic Act (the Act).
The condition reported was based on examination on April 30, 2014 and stated:
Dementia or Alzheimer’s
(Appellant) had Trails A testing today and was unable to complete this.
His MOCA was 22/30
He had an impaired clock drawing.
I am concerned about his ability to drive and I asked him to undertake a Skill Builders on-road driving assessment to confirm his safety but he refuses to do this. He would prefer to wait for his regular test at MTO. However I wanted to report my concerns to you in the meantime so you could decide what the next step would be.
The patient is aware of this report.
On May 5, 2014, the Registrar informed the Appellant by letter that his driving privilege was suspended pursuant to section 47 (1) of the Act.
In order to be considered for reinstatement he was required to take this letter to his treating physician, specialist of nurse practitioner when his condition improves and to have the following information sent to the Medical Review Section:
- The enclosed Cognitive Assessment Form must be completed and all questions answered.
Dr. B. Completed the Cognitive Assessment on May 27, 2014. In summary it stated:
Mild cognitive impairment or mild dementia
Most likely Alzheimer’s
Expected to progress; currently stable
On medication for other conditions and is compliant
Does not have appropriate insight into his condition and the impact on his ability to drive
Refused repeatedly to go for independent driving assessment.
On June 11, 2014, the Registrar informed the Appellant that he must complete a driving assessment before consideration for reinstatement.
The Appellant’s Evidence
The Appellant informed the Tribunal that following his move to his current location from a distant town he came under the care of Dr. B. about three years ago. He has been seen by Dr. B. only 3 or 4 times.
He is taking ramipril for blood pressure and he has had two strokes, the first ten years ago and the second in 2007.
His daughter lives in the same town but communication between them is strained.
He stated that he cannot afford the cost of a driving assessment.
The Tribunal informed the Appellant that a decision to confirm or set aside the suspension of his driving privilege hinged on the result of the assessment.
He refused to consider taking the on-road assessment.
ISSUES
Should the decision of the Registrar to suspend the Applicant’s licence be confirmed, modified or set aside?
In particular does the Appellant 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) 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.
The Respondent in submissions relies on the following:
The Medical Condition Report of cognitive impairment, by a physician in compliance with section 203 of the Act, authorised the Registrar to suspend the Appellant’s driving privilege under section 47(1) of the Act.
The Canadian Council of Motor Transport Administrators (CCMTA) guideline 6.6.1 states:
The driver is eligible for any class of licence if:
Complete medical assessment indicates cognitive functions necessary for driving are not impaired, or
Where required, functional driving assessment shows the condition does not affect the ability to drive.
The Appellant did not make any submissions.
APPLICATION OF THE LAW TO FACTS
The Tribunal finds that the Respondent was justified in issuing a suspension of the Appellant’s driving privilege upon receipt of a Medical Condition Report of cognitive impairment by a physician in compliance with section 203 of the Act.
The Cognitive Assessment form requested by the Registrar has confirmed that the Appellant must complete a driving assessment before consideration can be given to reinstating his driving privilege.
The Tribunal finds that the onus is on the Appellant to provide the functional driving assessment requested by the Registrar in order to determine if he suffers from a condition that will significantly interfere with his 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 Appellant to appeal the decision effective May 15, 2014 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;
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: July 8, 2014