Licence Appeal Tribunal
Appeal d'appel en Tribunal matière de permis
FILE: 9541/MED
CASE NAME: 9541 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
9541 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: Kyle Biel
Heard in Toronto: October 28, 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 (the “Registrar”) pursuant to Section 47(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “Act”).
OVERVIEW
The Appellant appeals the decision of the Registrar to suspend her driving privilege, on the grounds that she has a clean driving record and medical history with no history of previous seizures and that this one episode was caused by excessive alcohol consumption at a birthday celebration over a period of 5 hours. For the reasons set out below, the Tribunal confirms the suspension.
FACTS
Respondent’s Evidence
An unsolicited Medical Condition Report was completed on March 16, 2015 by an Emergency Room physician, Dr. C. in compliance with section 203 of the Act.
The condition reported was: Seizure(s)-Alcohol related; 1st episode of generalized seizure.
On March 21, 2015 the Registrar informed the Appellant that it had been decided to suspend her driving privilege under section 47(1) of the Act.
In order to be considered for reinstatement, the Registrar required the Appellant to take the letter of suspension to her health practitioner and to arrange for a letter to the Ministry’s Medical Review Section confirming that she has abstained from alcohol for a period of one year. This period may be reduced to six months upon receipt of a letter that confirms the completion of an alcohol treatment program and a recommendation that supports reinstatement. A Substance Abuse Assessment was enclosed for completion.
Confirmation that you have remained seizure free and abstinent from alcohol for a period of one year. This period may be reduced to six months if your physician confirms you have established >6 months seizure free period and that you have successfully completed an alcohol treatment program and is supportive of your driving privilege
The Assessment was completed by the Appellant’s family physician, Dr. C., on April 1, 2015. Dr. C . had been the Appellant’s physician since 1995,
In summary, the Assessment stated:
The Appellant was diagnosed with alcohol dependence and alcohol abuse, with one seizure episode in the past three months, not related to a seizure disorder.
She has not abstained from alcohol. There has not been evidence of drug abuse.
She has not completed a treatment program.
Biochemical factors (GGT, ALT, AST) are elevated due to alcohol. (Actual figures were not provided).
No medications have been prescribed.
She has not reported adherence to a treatment regimen but there has been no evidence of misuse, missed appointments etc.
The Registrar responded to the above assessment on May 12, 2015, and informed the Appellant that the suspension would remain. She was informed again of the requirements previously stated in the letter of suspension. She was required to submit results of bio-chemical markers (MCV, GGT, AST, ALT) with an explanation for any level outside the normal laboratory range.
Appellant’s Evidence
The Appellant stated in her evidence that her usual alcohol consumption prior to the reported occurrence was 2 – 3 glasses of wine every evening, and she did not consider herself a huge drinker. She is employed with a non-profit organization and drives to work.
She had a lot to drink over a five hour period at a birthday celebration, with wine and shots of tequila at a restaurant. After going home, she laid down and had a seizure witnessed by her friend. He described to her that she screamed, and bit her tongue and was not incontinent. EMS arrived and took her to Emergency where she had blood tests and she was given Ativan, a tranquilizer. She was not referred for counselling, and she saw her family physician one or two weeks later.
She looked into Alcoholics Anonymous but did not attend. She applied to the Addictions Disorder Centre, and attended the information and medical assessment sessions. She has not yet been notified of admission for treatment.
Under cross-examination, she stated that she still drinks but has reduced the amount consumed. She has not seen her family physician since the assessment. Her goal would be controlled drinking.
She feels that the seizure situation has resolved and that her alcohol use is not the problem.
ISSUES
Should the decision of the Registrar to suspend the Appellant’s licence be confirmed, modified or set aside?
Is the Appellant addicted to the use of alcohol to an extent likely to significantly interfere with her 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 Respondent submitted that section 47(1) of the Act authorized the suspension of the Appellant’s driving privilege upon receipt of a medical condition report of alcohol-induced seizure.
Ontario Regulation 340/94, section 14, authorized the continuation of the suspension upon receipt of the substance abuse assessment that stated a diagnosis of alcohol dependence and abuse and the continued use of alcohol.
In order to be considered for reinstatement, the Registrar’s position is that the Appellant must successfully complete a treatment program, and have medical support for return to driving, with appropriate results for the biochemical markers.
The Canadian Council of Motor Transport Administrators (CCMTA) Guideline 1.6.3 states that drivers under the influence of alcohol are eligible for a licence if they have abstained for a period of 12 months. This Guideline states that earlier re-licensing may be considered upon favourable recommendation from a treating physician and successful completion of a rehabilitation program.
The Appellant submitted that the single seizure was due to excessive drinking on one occasion. She acknowledged the need to return to her family physician and to enter the treatment program.
The Tribunal has sufficient medical evidence to find that the Appellant is addicted to the use of alcohol. Her seizure, although it occurred only once, demonstrates the risks that are involved with addiction. Furthermore, the Appellant has not completed any treatment program, and she has continued to drink. There are good reasons in this case to apply the CCMTA Guidelines, which suggest a 12-month period of abstaining from alcohol use, which can be shortened to six months if the person completes an alcohol treatment program and obtains a physician’s recommendation.
Weighing the evidence on a balance of probabilities, the Tribunal finds the Appellant is addicted to the use of alcohol to an extent which is likely to significantly interfere with her ability to operate a motor vehicle safely.
DECISION
Upon the application by the Appellant to appeal the decision effective March 31, 2015, of the Registrar to suspend her 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: November 12, 2015