Q: What are the legal requirements for a driver’s licence, especially if one has a health concern such as epilepsy or a heart condition? What if one has such a condition but nevertheless
requires a driver’s licence to get
to work or see a doctor?
A:Provincial laws set out in general terms the requirements to be met for obtaining and keeping a driver’s licence.
For example, Alberta’s Motor Vehicle Administration Act requires “physical and other competency … to drive a motor vehicle without endangering the general public ….” In Saskatchewan, a person is not eligible for a licence if he is
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“afflicted with or suffering from a physical or mental disability … that is likely to prevent him from exercising reasonable control over the motor vehicle.”
What do these general words mean? For the most part it is left to the licensing agencies to decide when a person can safely operate a motor vehicle. There is no list setting out physical conditions that would not allow a person to hold a
licence. This is not surprising. It would be impossible to have a law that dealt with every possible medical condition or combination.
I will outline
the Saskatchewan process. A similar process is followed in most provinces. SGI, which is the licensing agency, has a medical unit that reviews cases where a person applying for a licence or renewal indicates they have certain medical conditions, or cases are reported by a doctor, optometrist, police or even family members.
In reviewing the case, SGI can require further medical reports as to a person’s physical abilities. The unit nursing staff will review medical reports and also consult the Canadian Medical Association’s Physician’s Guide to Driving. If a licence is to be suspended, a hearing will first be held.
As an alternative to a suspension, restrictions may be imposed, such as restricting the driver to a certain area for specific purposes or to driving during certain times, for example daylight hours only.
What if you disagree with a decision made by the agency? First, if you haven’t had a hearing, I would ask to be heard. Notice is required of any suspension, however, legislation in a few provinces is less than clear as to whether a hearing is mandatory or optional before a suspension.
If a hearing is refused, or if after a hearing you feel criteria were improperly applied, I would seek the assistance of the provincial ombudsperson or the human rights commission.
Finally, any decision by the licensing agency must be based on the need to meet reasonable safety standards. This was illustrated by the following Supreme Court of Canada decision.
Terry Grismer suffered a stroke that eliminated most of his peripheral vision in both eyes. The British Columbia Motor Vehicles Branch suspended his licence on the grounds that his vision no longer met the standards set by the branch for people with his eye condition.
However, Grismer argued that people with other conditions could obtain licences even though they had even less peripheral vision. Further, in driving tests he was able to demonstrate that using prisms, truck mirrors and by checking side to side more frequently, he was able to safely operate a motor vehicle.
He went to the human rights commission, which upheld his claim on the basis that he was discriminated against on the basis of his disability. The branch disagreed and eventually the case went to the Supreme Court of Canada. That court ruled that everyone had a right to demonstrate they can operate a vehicle with “reasonable safety” and, if so, must be granted a licence.
Grismer had indeed demonstrated his ability to safely operate a vehicle. The decision means licensing agencies cannot impose arbitrary standards. Rather, the standards they require must be necessary for a reasonable level of safety.
