Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
2015-04-10
FILE:
9428/MED
CASE NAME:
9428 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:
Katherine Whitehead, M.D., Member
APPEARANCES:
For the Appellant:
Self-represented
For the Respondent:
Kyle Biel, Agent
Heard by teleconference:
March 26, 2015
REASONS FOR DECISION AND ORDER
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”).
FACTS
The Appellant is appealing the suspension of his Class “G” driver’s licence. His licence was suspended on February 19, 2015.
The following is a summary of the facts presented to the Tribunal at the hearing.
The Appellant is diagnosed with Insulin Dependent Diabetes.
On November 27, 2014, an emergency room physician filed a Medical Condition Report for the reason of a hypoglycaemic event.
On the report submitted, the emergency room physician did not indicate hypoglycaemia as the reason for the report, but instead noted that the Appellant “has a medical problem that could (sic) him unable to safely operate a motor vehicle”.
The Appellant clarified for the Tribunal that the report had been filed in the context of a hypoglycaemic event at work. Specifically, the Appellant told the Tribunal that he had suffered a hypoglycaemic episode while at work that required another person to intervene, and eventually led to an ambulance call and the emergency room visit. That visit resulted in the Medical Condition Report.
The Appellant informed the Tribunal that he had had a similar episode while at work in September 2014. That episode had also required that another person intervene. The intervention in both cases involved another person giving him dextrose tablets as the Appellant’s level of consciousness was affected by the low glucose.
The Appellant told the Tribunal that when he was at work, he found it difficult to access his dextrose tablets. He also attributed his hypoglycaemic episodes at work to the fact that he worked an irregular shift that did not allow him to adhere to his normal meal routine.
The Appellant told the Tribunal that he has never had a hypoglycaemic episode while driving.
The Appellant has stopped working at the job that he felt had contributed to his hypoglycaemic episodes and is now working at a job with regular hours. There have been no further hypoglycaemic episodes since November 27, 2014.
The Appellant told the Tribunal that he generally has good glucose control, complies with his recommended therapy, follows up regularly with his endocrinologist, and has good hypoglycaemic awareness.
His endocrinologist completed a Diabetes Assessment form that generally supported the Appellant’s comments on his disease control. The two aforementioned severe hypoglycaemic episodes were also noted on the form.
The Appellant argued that his licence suspension was unnecessary because: (a) he had changed jobs (thus eliminating what he felt to be a contributory factor in his hypoglycaemic episodes), (b) he had never been hypoglycaemic while driving, and (c) he has generally good glucose control.
The Registrar’s Agent argued that less than six months had elapsed since a severe hypoglycaemic episode and that the Canadian Council of Motor Transport Administrators (“CCMTA”) Medical Standards for Drivers recommends a 6-month period of stability in these cases.
ISSUES
Should the decision of the Registrar to suspend the Appellant’s licence be confirmed, modified or set aside?
In particular:
Does the Appellant suffer from a mental, emotional, nervous or physical condition or disability 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 grounds set out in section 14(1) of the Regulation set out above.
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.
(2) The Tribunal may confirm, modify or set aside the decision of the Minister or the Registrar.
APPLICATION OF THE LAW TO FACTS
Weighing the evidence on a balance of probabilities, the Tribunal finds that the Appellant is suffering from a condition, which is likely to significantly interfere with his ability to operate a motor vehicle safely.
There were two documented recent episodes where the Appellant required outside intervention to resolve his hypoglycaemia.
While there have been no documented severe hypoglycaemic episodes while driving, the severity of the episodes and their frequency indicate a risk that a similar episode could occur while driving.
The Tribunal notes that the Appellant makes a reasonable effort to control his diabetes and that there may have been specific reasons why both of his hypoglycaemic episodes occurred. The Tribunal notes that the Appellant has taken steps to modify his life in ways that he feels will decrease his chance of severe hypoglycaemic episodes.
Despite the efforts that the Appellant has made to improve his glucose control, the Tribunal finds that a risk of severe hypoglycaemic episodes remains. It is certainly possible that the Appellant’s modifications to his life, coupled with his continued efforts to control his glucose, may stop further hypoglycaemic episodes from occurring. A period of sustained glucose control and lack of severe hypoglycaemia after these changes and modifications is a reasonable test of glucose stability. The Tribunal finds that, given the severity of the previous episodes and the obvious danger posed should similar episodes occur while driving, a 6-month period of stability is a reasonable requirement.
The Tribunal concludes that the Appellant does suffer from a physical condition that is likely to significantly interfere with his ability to drive a motor vehicle safely.
Overall, the Tribunal finds that there is insufficient evidence to depart from the 6-month period of stability recommended in the CCMTA guidelines.
DECISION
Upon the application by the Appellant to appeal the Registrar’s decision, effective February 19, 2015, 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 Appellant;
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
_____________________________
Katherine Whitehead, M.D., Member
Released: April 10, 2015