Licence Appeal Tribunal
Appeal under subsection 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H. 8, from a decision of the Ministry of Transportation to downgrade a Commercial Class driver’s licence under subsection 32(5)(b)(i) of the Act.
Between:
M.T. Appellant
and
Ministry of Transportation Respondent
DECISION
Panel: Erica Weinberg, M.D., Member Zahra Dhanani, Member
Appearances: For the Appellant: F.H., Friend of the Appellant/Interpreter For the Respondent: Kyle Biel, Agent
Heard by Teleconference on: January 16, 2019
REASONS FOR DECISION
Overview
1The appellant is a school bus driver for children ages 5 and above. He is required to self-assess on a daily basis whether he is fine to drive. If he feels unwell at all, he is supposed to report that to his employer and not drive.
2On October 6, 2018 the respondent suspended the appellant’s commercial driver’s licence following receipt of a syncope/loss of consciousness medical condition report from a cardiologist (“Dr. K.”), dated September 21, 2018 and revised September 25, 2018 (“Dr. K’s report”). The appellant’s licence was later reinstated as a downgraded Class “G” licence on November 30, 2018.
3The suspension and subsequent downgrade of the appellant’s commercial class driver's licence was because of two incidents of syncope.
4On September 16, 2018, the appellant was flying back from Egypt, where he had been for a two-week vacation with his wife, and lost consciousness.
5The appellant went back to work as a bus driver on September 18 and 19, 2018. He said that he felt fine and able to work.
6Approximately 2 hours after he finished his bus route on September 19, 2018 he went to see his family doctor to discuss his loss of consciousness on the plane, and while sitting on the examination table, the appellant had another episode of syncope.
7The appellant’s family doctor and Dr. K. are both of the opinion that there would be no risk for the appellant to drive a commercial vehicle and to be issued a commercial licence.
8The appellant appeals the respondent’s decision to downgrade his licence from a commercial class driver’s licence to a “G” class licence.
ISSUES
9The issue in this appeal is whether the appellant has a medical condition that is likely to significantly interfere with his ability to drive a commercial class motor vehicle safely. In order to answer that question, we will address the following issues:
a. Does the appellant have a medical condition?
b. If the appellant has a medical condition, is it likely to significantly interfere with his ability to drive a commercial class vehicle safely?
LAW
10The Registrar has the power under s. 32(5)(b)(i) of the Highway Traffic Act (the “HTA”) to change the class of a driver's licence in accordance with the results of a medical examination.
11One sufficient reason to downgrade a driver’s licence under s. 32(5)(b)(i) of the HTA is that the driver suffers from a medical condition or disability likely to significantly interfere with his or her ability to drive safely. Subsection 14(1) of O. Reg. 340/94 (the “Regulation”) under the HTA states:
(1) An applicant for or a holder of a driver’s licence must not:
(b) 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;
12Under s.14 (2)(b) of the Regulation, the Minister may also require a driver to provide satisfactory evidence that he or she is able to drive safely. The Tribunal may consider whether a driver has complied with such a request.
13Following a hearing, the Tribunal may, under s. 50(2) of the [HTA](https://www.canlii.org/en/on/laws/stat/rso-1990-