Medical Driver Licence Suspensions
Medical Suspensions
Basic Medical Standards for Ontario Drivers
In Ontario, drivers must adhere to basic medical standards to ensure safety on the roads.
These standards are detailed in Ontario Regulation 340/94 (s. 14) and include requirements that drivers must not suffer from any significant mental, emotional, nervous, or physical disability that could interfere with safe driving.
Additionally, drivers must not be addicted to alcohol or drugs to the extent that it significantly impacts their driving ability.
Reporting or Medical Conditions
Healthcare professionals, (like your doctor) are required by law to report patients with that have a medical condition that may affect their ability to drive. This can include high-risk medical conditions, vision conditions, or functional impairments that may affect safe driving. These professionals include:
- Physicians
- Nurse practitioners
- Optometrists
Where your doctor believes you have a medical condition, including addictions like alcoholism or drug abuse, they are obligated by law to report the condition to the Ministry of Transportation.
Where a report is made to the Ministry, the Ministry will suspend the drivers licence until you can be proved to be medically fit to drive.
Vision Standards for Drivers
Meeting vision standards is a fundamental requirement to prevent medical driver’s licence suspensions.
Ontario drivers must pass a vision test, ensuring their visual acuity and field meet the criteria set by Ontario Regulation 340/94 (s. 18).
For those who do not meet these standards, the possibility of obtaining a vision waiver exists, provided certain conditions are met. This process is vital for those looking to overcome medical licence suspensions related to vision.
Getting Your Licence Back
Where a drivers licence has been suspended for unpaid fines the driver must follow this process to reinstate the licence
- Pay the fine: The driver or their designate must attend at the court and pay the fine in full. The driver may be able to pay the fine online but ensure that you obtain a valid receipt to show the Ministry of Transport that the fine has been paid.
- Attend in person at a Service Ontario location, present the proof of fine payment and pay the reinstatement fee (as of date of writing the fee is $281.00.).
The traffic court may advise the driver that it can take 4 days for the Ministry of Transportation to update their records. Driver are advised to keep the documents with them while driving to show that the fine has been paid and the licence reinstated.
Payment Plans for Traffic Tickets
Many times drivers receive a large fine or numerous small fines that they are unable to pay within the time given by the court.
The court understands that not all people can make timely payments, but they do expect the driver to make reasonable efforts to pay for their convictions.
Where the driver is unable to pay the fine in full the court expects that the driver should make partial payments to the court. Where the driver, makes efforts to pay their fines or applies to the court, the court will/may grant an extension of time to pay the fine.
Where the driver has entered into a payment plan with the court, the court will not request the licence be suspended.
Drivers can request more time pay, or enter into a payment plan with the court by completing and filing a Motion to Extend the Time to Pay a Fine.
Motion to Extend Time to Pay a Fine
Where a driver is unable to pay a fine a within the prescribed period and/or the fine has gone into default, the driver may apply to the court for a Motion to Extend the Time to Pay a Fine, under the Provincial Offences Act of Ontario.
The Provincial Offences Act states: A defendant may, at any time, make an application for an extension or a further extension of time for payment of a fine by completing the prescribed form and filing it in the office of the court.
Review by justice: If the justice is satisfied that the person who has defaulted is unable to pay the fine within a reasonable period of time, the justice may,
- grant an extension of the time allowed for payment of the fine;
- require the person to pay the fine according to a schedule of payments established by the justice;
- in exceptional circumstances, reduce the amount of the fine or order that the fine does not have to be paid
Where a driver enters into a Motion to Extend the Time to Pay a Fine, and the extension is granted, any suspension will be canceled.
Court Judgements & Fines
Where a fine has gone into default a the traffic court administration may apply to the Small Claims court for a judgement.
The judgement filed by a municipality allows the municipality to add interest and fees to the fine. Where the fine has gone to “collections” and a judgement has been registered, suspending the drivers licence, the driver will be unable to apply for a Motion to Extend.
Where there has been a court judgement for collections, the driver must either pay the fine in full, or make a motion to the small claims court to allow for payments to be made.
Insurance Implications
Under the Financial Services Commission of Ontario, insurance companies must comply with these rules for drivers licence suspensions.
- Less than one year: An administrative lapse or suspension of a driver’s licence for less than one year must not affect an individual’s driving record or the number of years licensed for the purposes of rating.
- 12 to 36 months: When the length of an administrative lapse or suspension of a driver’s licence is between 12 and 36 months, an insurer is permitted to use the lapse or suspension as part of its risk classification system. However, the insurer must submit a rate filing with actuarial evidence to FSCO justifying the proposed rating rules. The rate filing will be subject to the normal review and approval process. Otherwise, use of an administrative lapse or suspension of a driver’s licence between 12 and 36 months will not be permitted for the purposes of rating.
- More than 36 months: If the length of an administrative lapse or a suspension of a driver’s licence is more than 36 months, an insurer is permitted to file rules to use the lapse or suspension of a driver’s licence as part of its risk classification system without additional actuarial evidence although the rules must meet the statutory criteria for approval. For example, an insurer may consider the period of time during which the licence has lapsed or been suspended for the purposes of rating.
An administrative lapse or a suspension of a driver’s licence is a documented driver’s licence lapse for administrative or medical reasons that are not connected to driving offence convictions.
Reasons can include non-renewal or expiry of a driver’s licence due to a consumer’s oversight, temporary medical conditions, unpaid parking tickets, outstanding support payments to the Family Responsibility Office or outstanding payment to the Motor Vehicle Accident Claims Fund.
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