Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
FILE: 9672/MED
CASE NAME: 9672 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: Self-represented
For the Respondent: Sanjay Kapur, Agent Kyle M. Biel, Agent
Heard in Toronto: July 30, 2015
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 pursuant to section 47(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the "Act").
OVERVIEW
The Appellant collapsed at home and upon admission to hospital with loss of consciousness in February 2015 was found to have opioids in his blood. His driving privileges were suspended upon receipt of a Medical Condition Report of a Psychiatric Condition. The Mental Health Assessment received 40 days after the initial report revealed a history of narcotic abuse. The requested Substance Abuse Assessment was not completed.
The Respondent required confirmation of three months mental stability as well as completion of the Substance Abuse Assessment, neither of which have been submitted.
The Tribunal finds that the suspension is confirmed.
PRELIMINARY MATTERS
The Appellant arrived for the hearing approximately 90 minutes late and without a copy of the Respondent's disclosure file. A copy was provided by the Tribunal and he agreed to proceed, which the Respondent also agreed to.
FACTS
The Respondent's Evidence
The Registrar received a report dated February 21, 2015 by Dr. L., a psychiatrist, in compliance with section 203 of the Act. The report stated that the Appellant was unfit to drive.
The Registrar identified the condition as a Psychiatric Condition and informed the Appellant on March 4, 2015 that his driving privileges were suspended under section 47(1) of the Act.
He was requested to have a Mental Health Assessment completed by his physician and submitted for review before reinstatement could be considered.
The Mental Health Assessment was completed by Dr. M. on March 30, 2015. Dr. M. was involved in care of the Appellant only since his discharge from hospital in February, 2015.
The report stated;
Primary mental illness: Substance Abuse.
Onset: Less than 3 months
Current status: Stable
Current symptoms: None
Difficulties with cognition, attention or memory, or judgement: No
Substance dependence abuse or misuse within the last 12 months: Yes
Current prescriptions: None
Adherence to recommended treatment: Yes
Under medical supervision: No
Appropriate insight: Yes
Functional Assessment required: No
Narrative
Became dependent on opioids in his mid 30s and had a life-threatening event secondary to this dependence in February 2015. After 5 days in a coma he has recovered clean and dry with no cravings. He sees a counsellor regularly and his safety plan in case of temptation/recurrence is to carry a number for Narcotics Anonymous. His wife is a great support to him.
The Ministry informed the Appellant on May 20, 2015 that his driving privilege continued to be suspended under section 47(1) of the Act.
He was requested to have a Substance Abuse Assessment form completed, in order to determine if his licence can be reinstated.
In order to be considered for reinstatement he was requested to take the letter of suspension to his physician when his condition improves and have the following information sent to the Medical Review Section:
Confirmation of a three months period of mental and emotional stability
Completion of a Substance Abuse Assessment form
If his physician confirms a diagnosis of drug dependence, the ministry will require confirmation of abstinence for a period of one year. This period may be reduced to six months if his physician confirms that he has successfully completed a drug treatment program and is supportive of his driving privilege.
The Respondent informed the Tribunal that the Substance Abuse Assessment form has not been received. Also, the Registrar has not received confirmation of three months stability of his mental and emotional condition.
Results of two drug screens dated April 8, 2015 and May 28. 2015 were negative.
Reference is made to the Canadian Council of Motor Transport Administrators (CCMTA) Section 15.6.3 that applies to all drivers who are under the influence of alcohol and illicit drugs such as opioids, cocaine, amphetamines etc.
STANDARD: All drivers are eligible for a licence if:
Meets the criteria for remission and/or has abstained from the substance for 12 months.
Earlier re-licensing 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 Respondent confirmed that the Substance Abuse Assessment form may be completed and submitted any time following the request but that the six month period of abstinence would still require confirmation. The Appellant indicated that his physician would not complete this form until six months had elapsed.
The Appellant's Evidence
The Appellant stated that he collapsed in the shower at home on February 16, 2015 and was found by his 14 year old son, and was taken by ambulance to hospital. He stated that he was in a coma in intensive care for five days and was then seen by the psychiatrist who reported him to the Ministry of Transportation. He was discharged on February 21, 2015. He was told that he had significant levels of opioids in his blood and also that he had pneumonia and a collapsed lung. There was no history of trauma.
The Tribunal did not receive hospital records other than the formal notification under section 203 of the Act.
The Appellant stated that he began to use "light" drugs such as marijuana in his 20s and began to use illicit drugs such as Percocet, Oxycodone, heroin and cocaine from about age 34. He would use the drugs mostly during the week. He had two jobs and his wife was not aware, but she suspected his drug use. He has three children, the youngest age 8.
He acknowledged his addiction. He has not been to Narcotics Anonymous. He stated that he has seen the psychiatrist on two occasions.
Under cross-examination, the Appellant stated that the longest period of abstinence was four months.
He does not agree that he needs an addictions program.
ISSUES
Does the Appellant suffer from addiction to the use of alcohol or a drug to an extent likely to significantly interfere with his ability to drive a motor vehicle of the applicable class safely?
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, 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 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, any reports of examinations under section 15, and any additional medical information.
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.
Section 47(1) states:
Subject to section 47(1) the Registrar my suspend or cancel,
(b) a driver's licence On the grounds of (g) any other sufficient reason not referred on clause (d), (e) or (f).
APPLICATION OF THE LAW TO FACTS
The Respondent relies on the following:
Section 47(1) of the Act authorizes the Registrar to issue a suspension of the driver's licence upon receipt of a Medical Condition Report of Psychiatric Condition and substance abuse, by physicians in compliance with section 203 of the Act.
Regulation 340/94 (14) authorizes the Registrar to continue the suspension pending receipt of the information requested (wich was requested by letter on May 20. 2015).
The Appellant's family physician confirmed the diagnosis of opioid dependence in the Mental Health Assessment form completed on March 30, 2015.
CCMTA Guidelines, section 15.6.3, recommends suspension until confirmation of abstinence for 12 months, which may be reduced upon confirmation by the family physician that he has remained abstinent and has completed a drug rehabilitation program.
Two outstanding issues are the confirmation of mental and emotional stability for three months following the first notification to the Ministry, and the Substance Abuse Assessment form.
At present, there is no plan against relapse other than a card with contact information for Narcotics Anonymous (N.A.) and he has not been to N.A.
The Appellant relies on the following:
It is now five months since his collapse and notification to the Ministry and he has not used narcotics or illicit drugs since that time.
He has presented results of two laboratory drug screen tests that confirm his abstinence.
He is undergoing ongoing rehabilitation by Dr. M., the family physician.
The Tribunal has considered the testimony and documentary evidence in this appeal, as wella s the parties' submissions. The Tribunal finds that the Registrar was justified in issuing a licence suspension under section 47(1) upon receipt of a Medical Condition report of a Psychiatric Condition. Furthermore, a history of substance abuse was reported on a Mental Health Assessment form and the Registrar was justified in continuing the suspension under Regulation 340/94(14).
The Registrar was further justified in continuing the suspension under Regulation 340/94 (14) upon failure by the Appellant to submit a Substance Abuse Assessment form and medical confirmation of abstinence and a recommendation for reinstatement.
The Family Physician who completed the Mental Health Assessment had only brief contact with the Appellant. Although the history of illicit narcotic drug abuse is at least eight years and of lesser drug use for over twenty years, neither the physician nor the Appellant has presented a plan for rehabilitation. As such, there is no medical support for reinstatement at this time, even with the Appellant's stated abstinence from illicit drugs for the past five months.
In the circumstances of such a long history of addiction and no rehabilitation plan, the Registrar has valid reason to ask for an adequate medical assessment that confirms three months mental and emotional stability and six months abstinence from illicit drugs, along with an approved plan for relapse prevention and recommendation for reinstatement before considering reinstatement of the Appellant's driver's licence.
The Tribunal advises the Appellant to take the Reasons for this Decision to his physician with the goal of meeting the Registrar's requirements for consideration of reinstatement in regard to his emotional status and rehabilitation for drug dependence.
The Tribunal finds that the Appellant suffers from a mental condition and also an addiction to drugs that is likely to significantly interfere with his ability to drive a motor vehicle safely.
DECISION
Upon the application by the Appellant to appeal the decision 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 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
Kevin Flynn, M.D., Member
Released: August 12, 2015