Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2014-02-12
FILE:
8545/MED
CASE NAME:
8545 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:
Kevin Flynn, M.D., Member
APPEARANCES:
For the Applicant:
Self-represented
For the Respondent:
Kyle Biel, Agent
Heard in Toronto:
February 6, 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
Respondent’s Evidence
The Applicant is re-appealing a suspension of his driving privilege under section 47(1) of the Act, effective May 26, 2013. Appeal 8151/MED was heard in Toronto on December 3, 2013 when the decision of the Registrar was confirmed.
Reasons for the present appeal as stated by the Applicant in his Reasons for Appeal on January 8, 2014
New medical evidence from the Applicant’s family physician.
The suspension was based upon a Medical Condition Report on May 5, 2013 by Dr. F. a physician at a centre for alcohol and drug rehabilitation, in compliance with section 203 of the Highway Traffic Act, the Act.
The condition reported was:
Alcohol Dependance
(Applicant) was recently my patient while in treatment for alcohol dependence. He was discharged on May 7, 2013 after leaving the program early against medical advice. It is my assessment that he is at ongoing risk of driving while intoxicated.
The condition for reinstatement was contained in a letter by the Registrar on May 16, 2013. The Applicant was required to submit evidence by his treating physician that he has remained abstinent from alcohol for a period of one year. This period may be reduced if his physician confirms that he has successfully completed an alcohol treatment program and is supportive of reinstatement.
On December 12, 2013, the Applicant submitted a Substance Abuse Assessment, completed by a Dr C. his family physician for 8 months.
The Assessment reported normal physical examination
Laboratory tests: MCV Range GGT Range ALT Range (12-49) AST Range (7-27)
October 1, 2013 87.3 (80-100) 51 (15-73)
November 5, 2013 49 (15-73)
November 25,2013 47 (15-73)
December 10. 2013 87.7 (80-100) 40 (15-73)
Also submitted as Exhibit #3:
January 7, 2014 84.2 (80-100) 40 (15-73) 29
January 14, 2014 84.5 (80-100) 57 (15-73) 55 28
Age of first use:14 age of first regular use: 19
First intoxication: 16 Frequency of Use: none now
Amount consumed: was 10 units/day Most recent use: July 3, 2013
Date of Reduction or Abstinence: July 3, 3013
AUDIT (Alcohol Use Disorders Identification Test)
Score :8 (Indicating low level of alcohol use or adverse effects of alcohol use)
LEEDS DEPENDENCE QUESTIONNAIRE;
Score: 0
Alcohol Treatment Centre: April 17-May 7, 2013
Successfully completed: Yes
Length of Subsequent Abstinence: 5 months
Current Relapse Prevention: Counselling
Evidence to support maintenance of recovery:
Responsible attitude;Sense of Hopefulness;
Engaging in Alternative Activities; Enhanced Self-Esteem;Good Social Network
DIAGNOSIS: Alcohol Abuse CURRENT Patrticipation: Counselling
RECOMMENDATIONS:
Reduce to low risk level: Date advice given: April 3, 2013.
Date of abstinence: April 17, 2013
Following receipt of the above reports the Registrar informed the Applicant by letter that it had been decided that the suspension should continue.
He was requested to take the letter to his treating physician and have the following sent to the Medical Review Section:
If his physician confirms a diagnosis of alcohol abuse\dependence, the ministry will require confirmation that he has remained abstinent from alcohol for a period of one year. This period may be reduced with confirmation that he has successfully completed an up-to-date alcohol treatment program and is supportive of driving privilege.
Results of recent bio-chemical markers (MCV, GGT, AST & ALT) with a clinical explanation for any levels outside the normal laboratory range.
The Applicant’s Evidence
The Applicant acknowledged the history of alcohol abuse especially during his university career. In 2012 he received an Administrative Driver’s Licence Suspension of 90 days for failing a roadside breathalyser test and on June 13, 2013 he was convicted under the Criminal Code for driving with alcohol level in excess of 80 mgm. This led to a suspension until June 5, 2014. In July 2013 he entered the residential alcohol treatment centre hoping that he might be allowed to drive sooner with an ignition interlock device.
He did not like the program or the other residents which led him to leave the centre on May 7, 2013 against medical advice.
He stated that his last drink was on July 3, 2013. He was referred to a psychiatrist for counselling for ADHD in August 2013. He is on medication for ADHD.
He denies that he is alcohol dependent and maintains that Dr. F. who completed the Medical Condition report did not examine him and was not his family physician.
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 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) 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 relies on:
A Medical Condition Report filed by a physician in compliance with Section 203 of the Act reporting alcohol dependence.
Section 47(1)(g) of the Act authorised the Registrar to issue a suspension of the Applicant’s driving privilege.
Ontario Regulation 340/94 (14) authorised the Registrar to continue the suspension until the Applicant submits confirmation by his treating physician that he has remained abstinent from alcohol for a period of twelve months and has completed an up-to-date alcohol treatment program.
The Canadian Council of Motor Transport Administrators (CCMTA), under section 15.6.3 applies to all drivers who are under the influence of alcohol.
STANDARD: All drivers are eligible for a licence if:
Meets the criteria for remission and/or has abstained for 12 months
Earlier re-licencing may be considered upon favourable recommendation from an addictions specialist and/or treating physician recognised by the licensing authority and the successful completion of a rehabilitation program.
Counselling by his psychiatrist is not
for alcohol abuse. A medical report and recommendation for reinstatement has not been submitted.
The Substance Abuse Assessment form completed by Dr. C, states that the Applicant has completed a treatment program, whereas the physician who completed that Medical Condition Report stated the opposite.
The conviction under the Criminal Conviction Code for driving with a blood alcohol level in excess of 80 mgm does not expire until June 5, 2014
The Applicant relies on:
His need for transportation to the university where he is pursuing a Master’s program.
He would agree to an ignition interlock for a period of one year.
He submits that the period of suspension has been extended unreasonably.
His laboratory results from October 1, 2013 to January 14, 2014 have shown no evidence of alcohol use.
APPLICATION OF THE LAW TO FACTS
The Tribunal finds that the Respondent was justified in issuing a suspension of driving privilege upon receipt of a Medical Condition Report of alcohol dependence by a physician in compliance with section 203 of the Act.
The Substance Abuse Assessment form submitted in October 2013 states the diagnosis is alcohol abuse.
The Registrar was justified in issuing a suspension of driving privilege under section 47(1) of the Act, and a continuation of the suspension under Ontario Regulation 340/94 (14).
The Tribunal finds that the onus is on the Applicant to provide the information requested by the Registrar confirming abstinence from alcohol for a period of twelve months and completion of an up-to-date alcohol treatment program, with up-to-date bio-chemical markers and an explanation of results that are outside the laboratory range of normal values.
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 May 26, 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
Kevin Flynn, M.D., Member
Released: February 12, 2014