Licence Tribunal
Appeal d'appel en
Tribunal matière de permis
DATE:
2016-05-31
FILE:
10161/MED
CASE NAME:
10161 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
Heard by teleconference:
May 11, 2016
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 appealed a driver’s licence suspension under section 47(1) of the Act due to a medical report of alcohol dependence and alcohol abuse. The suspension was effective as of January 16, 2016.
The Tribunal finds that the Appellant is addicted to alcohol to an extent likely to significantly interfere with his ability to drive a motor vehicle safely.
The suspension is confirmed.
FACTS
Evidence by the Respondent
On December 9, 2015, a family physician at a medical clinic (name undecipherable), completed a routine Medical Report for a Class ‘AZ’ licence for the Appellant, age 52.
The report stated:
Patient for three weeks
Diabetes
Alcoholism (free from alcohol for over one month)
Medication: metformin 500 mg twice daily
Rosuvastatin 20 mg daily
Spironolactone 75 mg daily
Pantoprazole 40 mg daily
Metoprolol 12.5 mg daily
On December 31, 2015, Dr. F-S, a family physician, completed a Medical Condition Report pursuant to section 203 of the Act based on an examination of the same date.
The condition reported was:
Alcohol Dependence.
Patient states no further alcohol since November 2015 (but MD has access to hospital reports)
The Registrar informed the Appellant on January 6, 2016 that his driving privilege was suspended under section 47(1) of the Act.
In order to be considered for reinstatement he was requested to take the letter of suspension to his physician and to have a Substance Abuse Assessment completed and returned to the Medical Review Section.
Dr. F-S completed the Substance Abuse Form on January 15, 2016.
In summary, it stated:
This physician has been involved in the ongoing management since December 2015
Diagnosis is Alcohol Dependence and Alcohol Abuse
The patient states he has never experienced a seizure
He has abstained from alcohol for less than six months
He has never used drugs
He is compliant with current treatment
He has successfully completed a formal addictions treatment program many years ago
He has never been reported for drug misuse
Biochemical markers: MCV and ALT within normal range in January 2016
GGT and AST elevated in November 2015 due to alcohol use and cirrhosis of the liver
Diagnosed in November 2015 with cirrhosis of the liver secondary to alcohol abuse/dependence. He is compliant with treatment plans and appointments
Medications prescribed do not result in side effects that would impair his ability to drive
On February 4, 2016, the Registrar informed the Appellant that his driving privilege would remain suspended.
In order to be considered for reinstatement, the Registrar requires that the Appellant take the letter of suspension to his physician and have the following information sent to the Medical Review Section:
Confirmation that he has remained abstinent from alcohol for a period of one year. This period may be reduced with confirmation by his physician that he has successfully completed an alcohol treatment program and is supportive of his driving privilege.
The assessment must include the name of the treatment facility, date of admission and discharge; confirmation that discharge was as a result of successful completion; current participation in relapse prevention and confirmation that there is evidence to support maintenance of recovery.
The results of recent bio-chemical markers (MCV, GGT, AST & ALT) with a clinical explanation for any level outside the normal laboratory range.
Evidence by the Appellant
The Appellant stated that he was taken by an ambulance to a hospital in November 2015. He does not remember the exact date. He was unconscious due to acute alcoholism. He remained in hospital for about one week. His diagnosis was cirrhosis of the liver due to chronic alcoholism.
He stated that he has not consumed alcohol since discharge from the hospital. His usual consumption was eight to nine beers a day, and sometimes he needed a drink in the morning.
He drove a truck for local deliveries.
He does not have a regular family physician.
He previously completed a treatment program for alcoholism at Homewood Health Centre many years ago sponsored by his then employer. He was not able to provide further details of this program.
He does not recall his involvement in a follow-up program.
He goes to AA occasionally.
He lives with his wife who is supportive.
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 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 Respondent’s Submissions
The Respondent relies on section 47(1) of the Act that authorized the Registrar to suspend the Appellant’s driving privilege upon receipt of a Medical Condition Report of alcohol dependence and alcohol abuse, by a physician pursuant to section 203 of the Act.
Ontario Regulation 340/94 (14) authorized the Registrar to continue the suspension upon receipt of a Substance Abuse Assessment that confirmed that the Appellant is addicted to the use of alcohol to an extent likely to significantly interfere with his ability to drive a motor vehicle safely.
The Appellant last consumed alcohol in November 2015 and has not submitted confirmation by his physician of abstinence for a period of twelve months. Also, he has not submitted confirmation of successful completion of an alcohol addiction program and has not submitted a recommendation by his physician for reinstatement of his driving privilege.
The Canadian Council of Motor Transport Administrators (CCMTA) Guideline 15.6.3 under Substance Abuse or Dependence states that a driver is eligible for reinstatement if he 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 authorized addictions specialist and/or treating physician recognised by the licensing authority and the successful completion of a drug rehabilitation program.
The Appellant’s Submissions
The Appellant relies on abstinence from alcohol since November 2015 and his past completion of the treatment program at Homewood Health Centre.
He submits that he has 30 years of accident-free driving and depends on his driver’s licence to make a living.
Analysis
The Tribunal finds that the Registrar was justified in issuing a suspension of the Appellant’s driving privilege upon receipt of a Medical Condition Report of alcohol dependence and alcohol abuse in compliance with section 203 of the Act.
The Substance Abuse Assessment completed by the physician in January 2016 confirms that the Appellant has alcoholic cirrhosis of the liver and was admitted to hospital, unconscious, in November 2015. The Registrar was justified in a continuation of the suspension under Ontario Regulation 34/94 (14).
The diagnosis of cirrhosis of the liver is supported by elevated biochemical markers.
The suspension of the Appellant’s driving privilege is not due to the cirrhosis of the liver, but to the relapse of his alcoholism in November 2015. The medical evidence for a finding of addiction to alcohol is clear. The Appellant’s lack of recall of the circumstances surrounding his admission to hospital and his failure to continue a relapse prevention program following completion of a previous treatment program is indicative of the significant impact of his addiction to alcohol.
Although he appears to be six months alcohol-free, that alone is not sufficient on the facts of this case to support reinstatement at this time. The Appellant has not provided documentation from his physician which indicates support for reinstatement of his licence. Further, he has not submitted results of recent biochemical markers, has not successfully completed a treatment program and does not have a relapse prevention plan.
Weighing the evidence on a balance of probabilities, the Tribunal finds the Appellant is suffering from addiction to the use of alcohol to an extent likely to significantly interfere with his ability to drive a motor vehicle safely.
DECISION
Upon the application by the Appellant to appeal the decision effective January 16, 2016 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: May 31, 2016