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Eye ChartAdministrative Driver’s License Suspensions (ADLS) can occur upon the recommendation of a doctor or optometrist.  Sections 203 and 204 of the Highway Traffic Act puts a requirement on medical practitioners and optometrists to report to the Ministry of Transportation any condition that would make it dangerous for a person to operate a motor vehicle.  These conditions can include perceived addictions to drugs and/or alcohol.

If you disagree with your doctor as to whether your suspension is valid, you can request an administrative review with the Driver Improvement Office.  The administrative review’s purpose is to give the suspended person an opportunity to provide more information that might not have been available to the MTO when the “decision” was made.  “Decision” is in quotation marks is because the Medical Review Section merely rubber-stamps the report made by the medical practitioner/optometrist.  The bureaucrat that attends the administrative review will not be the person deciding on the review.  A report is generated by the bureaucrat and the Medical Review Section will send you another notice about your license status.  I am not aware of any instances where a license was reinstated after an administrative review.

If the Medical Review Section confirms your license suspension, then you can launch an appeal to the License Appeal Tribunal (LAT).  It is separate from the MTO, as it hears other types of license appeals.  The LAT relies on evidence and medical opinion in the cases where alcohol or drug addiction is alleged.  This may be in the form of a “satisfactory medical report” from the doctor that originally made the recommendation to the Medical Review Section of the MTO.  Satisfactory Medical Reports for those in recovery for addictions would include a psychiatric assessment, your psychiatric history, diagnosis, treatment, medication, hospitalization(s), discharges from hospital, current status, and future prognosis.  For alcohol/drug ADLS suspensions (not due to criminal charges), the MTO and or the LAT will need to see a period of sobriety for at least one year.  (See my other blog post about this issue.)

Your doctor/optometrist can submit new information to the MTO at any time.  All this will do, however, is to initiate a review of your suspension, nothing more.

If you have a complaint about any aspect of the ADLS process you can contact the Ombudsman of Ontario.  The Ombudsman is an Officer of the Ontario Legislature who is independent of the government and the political parties.  This is an office of the last resort.  The Ombudsman will not investigate a matter that is greater than 12 months old, unless it is an exceptional circumstance.

What To Do When Your Licence Is Suspended But You Are Not Addicted:

  1. Contact me here.
  2. I will help you determine if an appeal is possible.

 

See my previous post on this topic.