Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2014-01-31
FILE:
8536/MED
CASE NAME:
8536 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
Applicant
Applicant
-and-
Registrar of Motor Vehicles
Respondent
REASONS FOR DECISION AND ORDER
ADJUDICATOR:
Garry Fisher, M.D., Member
APPEARANCES:
For the Applicant:
Self-represented
For the Respondent:
Sonia De Santis , Agent
Heard In Toronto
January 28, 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”).
FACTS
The Applicant is a 32 year old man who entered an Emergency Room at a regional hospital on March 20, 2013. By his frank admission, he had been “drinking too much” and was concerned about his health. In particular, he was concerned about liver problems. It seems that it was mainly anxiety over his health that prompted the ER visit.
He contends that he decided to stop drinking alcohol before he went to the hospital. He hasn’t had a drink since that time.
The ER doctor filled out a Form 203 checking off “alcohol dependence” and forwarded the information to the MTO.
The MTO suspended the driver licence of the Applicant in a March 21, 2013 letter under Section 47(1).
The Applicant appealed his suspension and the Licence Appeal Tribunal heard the appeal on May 7, 2013.
The Registrar’s letter requests proof of abstinence for a year – less under favourable circumstances - a successful alcohol treatment program, and support from his physician. He hadn’t really done any of these requested steps as of the time of his first appeal in May 2013 and the appeal was unsuccessful.
It has been almost 9 months since that first appeal. The substance abuse assessment form was filled out by his family doctor. Follow-up notes have been favourable and supportive.
In spite of positive information and 10 months of normal lab tests, the MAC requested more time and more follow-up notes.
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 his 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.
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
The Applicant is straightforward in his admission that he was drinking excessively and that he is an alcoholic. He also makes it very clear that he hasn’t had a drink since his ER visit in March 2013.
Through this period he has maintained a job as a school custodian and is taking correspondence courses in an effort to improve his education level. He is fortunate to live at home with supportive parents.
The MTO asks for “successful completion of an alcohol treatment program”. His family doctor and his parents would appear to be filling the bill to satisfy that request.
The Tribunal notes that in Reg.340/94, Section 14 (2) (a) “may take into consideration the CCMTA Medical Standards for Drivers“.
Weighing the evidence on a balance of probabilities, the Tribunal finds the Applicant is not suffering from a condition 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 effective 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 set aside.
LICENCE APPEAL TRIBUNAL
Garry Fisher M.D., Presiding Member
Released: January 31, 2014