An appeal under subsection 50(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8, from a decision of the Registrar of Motor Vehicles to suspend a licence pursuant to Section 47(1) of the Act.
Between:
James Guenter
Appellant
and
Registrar of Motor Vehicles
Respondent
DECISON AND ORDER
PANEL: Dimitri Louvish, M.D., Member Laura Hodgson, Member
APPEARANCES:
For the Appellant: James Guenter, Appellant
For the Respondent: Stella Velocci, Agent
Heard by teleconference: November 29, 2022
BACKGROUND
1James Guenter (the “appellant”) appeals the decision of the Registrar of Motor Vehicles (the “Registrar”) to suspend his driver’s licence for medical reasons effective October 21, 2022.
2For the reasons set out below, we find that the appellant is addicted to the use of a drug to an extent likely to significantly interfere with his ability to drive safely. The suspension is confirmed.
LAW
3The Registrar has the power under s. 47(1) of the Highway Traffic Act, R.S.O. 1990, c. H.8 (the “HTA”) to suspend or cancel a driver’s licence. A driver’s licence can be suspended if, among other things, the driver suffers a condition or from an addiction that is likely to significantly interfere with his ability to drive safely. Subsection 14(1)(b) of O. Reg. 340/94 under the HTA states:
An applicant for or a holder of a driver’s licence must not,
(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.
4Section 14(2)(a) of the Regulation allows the Registrar to consider the Canadian Council of Motor Transport Administrators Medical Standards for Drivers (“CCMTA Standards”) when determining whether the requirements of s. 14(1) are met. The CCMTA Standards are not binding on either the Registrar or the Tribunal.
5The Registrar may require a driver to provide satisfactory evidence that he or she is able to drive safely (s. 14(2)(b) of the Regulation). The Tribunal considers if the driver has satisfied requests by the Registrar for information regarding their ability to drive safely.
6The Registrar has the burden of establishing the grounds for suspending the licence on a balance of probabilities. Following a hearing, the Tribunal may confirm, modify or set aside the decision or order of the Registrar.
Evidence and Analysis
7The Registrar received an unsolicited Medical Condition Report (“MCR”) dated October 09, 2022. It was completed by an Emergency Medicine physician and indicated that the appellant has a substance use disorder, noting “opioid use endorsement driving under the influence.” In a letter dated October 11, 2022, the Registrar notified the appellant that his licence was suspended. The Registrar requested that the appellant have a treating practitioner complete a Substance Use Assessment form before reinstatement could be considered. If the practitioner confirmed a diagnosis of severe substance abuse disorder, the Registrar would require confirmation that appellant had remained abstinent from drugs for one year, or for six months if he had completed treatment. The Substance Use Assessment form has not yet been returned by the appellant. As such, there is no other medical evidence before the Tribunal, other than the MCR.
8The appellant testified that he does not use drugs regularly and that, in his view, it is unfair to lose his licence because of one medical report. The appellant did not recall any details of his visit to the emergency room on October 9, 2022, when the MCR was generated. He acknowledged that, at that time, he had taken pills to help his hand pain. His friend had provided the pills and the appellant was unsure what they were. The appellant acknowledged having substance use issues in the past and attending residential treatment for addiction issues on two occasions.
9The appellant also acknowledged receiving the Registrar’s request for further medical information. He indicated that he does not have a medical practitioner who can complete the form. The appellant now lives in another province.
10The issue in this appeal is whether the appellant is addicted to the use of a drug to an extent likely to significantly interfere with his ability to drive a motor vehicle.
11Based on the medical information provided, the Tribunal finds that the appellant is addicted to the use of a drug (opioid). The applicant provided no medical information to contradict this. As noted, he has not provided the requested Substance Use Assessment Form. While the appellant’s testimony was considered by the Tribunal, it was not sufficiently clear or convincing to rebut the medical evidence presented.
12The Tribunal also finds that this substance use disorder is likely to significantly interfere with the appellant’s ability to safely drive a motor vehicle. According to the medical report, the appellant has previously driven under the influence. The CCMTA Standards note that the use of opioids can adversely affect driving performance (e.g., blurred vision, slowed reaction time, disorientation). With respect to substance use, the CCMTA Standards recommend a period of abstinence of one year (or 6 months if an approved treatment program is completed and with the support of the treatment provider). We are persuaded to apply the CCMTA Standards here.
13In all the circumstances, we agree that it is reasonable for the Registrar to request additional medical information from the appellant and, if a substance use disorder is confirmed, impose a period of extended abstinence prior to reinstatement.
14Based on the information available and that we accept, we conclude that the appellant’s addiction is likely to interfere with his ability to drive safely. The suspension is confirmed.
ORDER
15For the reasons set out above, pursuant to subsection 50(2) of the Act, the Registrar’s decision to suspend the appellant’s driver’s licence is confirmed.
LICENCE APPEAL TRIBUNAL
_______________________________
Laura Hodgson, Member
_______________________________
Dimitri Louvish, Member
Released: December 06, 2022