O. Reg. 453/10: DRIVERS' LICENCES

 

ontario regulation 453/10

made under the

highway traffic act

Made: December 1, 2010
Filed: December 3, 2010
Published on e-Laws: December 7, 2010
Printed in The Ontario Gazette: December 18, 2010

Amending O. Reg. 340/94

(Drivers’ Licences)

1. Section 14 of Ontario Regulation 340/94 is revoked and the following substituted:

14. (1) An applicant for or a holder of a driver’s licence must not,

(a) 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; or

(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.

(2) In determining whether an applicant for or a holder of a driver’s licence of any class meets the qualifications described in subsection (1), the Minister,

(a) may take into consideration the relevant medical standards for applicants or holders of that class of driver’s licence set out in the CCMTA Medical Standards for Drivers; and

(b) may require the applicant or holder to provide evidence satisfactory to the Minister that he or she is able to drive a motor vehicle of the applicable class safely, including,

(i) any reports of examinations under section 15, and

(ii) any additional medical information.

(3) Despite clause (2) (a) and unless otherwise provided in this Regulation, if there is a difference between a medical standard set out in the CCMTA Medical Standards for Drivers and a medical standard set out in this Regulation, the Minister shall take into consideration the standard set out in this Regulation instead of the standard set out in the CCMTA Medical Standards for Drivers.

(4) In this section, the CCMTA Medical Standards for Drivers means the document entitled CCMTA Medical Standards for Drivers, published by the Canadian Council of Motor Transport Administrators and dated March 2009, as it may be amended from time to time, that is available on the Internet through the website of the Canadian Council of Motor Transport Administrators.

2. (1) Clause 16 (a) of the Regulation is amended by striking out “sections 14, 17 and 18” and substituting “sections 14 and 18”.

(2) Clause 16 (d.1) of the Regulation is amended by striking out “sections 14 and 17” at the end and substituting “section 14”.

3. Section 17 of the Regulation is revoked and the following substituted: 

17. An applicant for or a holder of a Class B, C, E or F driver’s licence whose hearing in one ear is better than in the other must be able to perceive in the better ear, with or without a hearing aid, a forced whisper at a distance of 1.5 metres or, if an audiometer is used to test the person’s hearing, must not have a loss in the better ear of more than 40 decibels at 500, 1,000 and 2,000 hertz.

4. Section 18 of the Regulation is amended by adding the following subsection:

(3) An applicant for or a holder of a Class A, B, C, D, E or F driver’s licence must have,

(a) a visual acuity as measured by Snellen Rating that is not poorer than 20/30 with both eyes open and examined together and not poorer than 20/100 in the weaker eye, with or without the aid of corrective lenses; and

(b) a horizontal visual field of at least 150 continuous degrees along the horizontal meridian and at least 20 continuous degrees above and below fixation, with both eyes open and examined together.

5. Section 19 of the Regulation is revoked and the following substituted:

19. The examinations and qualifications required of an applicant for or a holder of a driver’s licence by sections 14, 16 and 17, subsection 18 (1), clause 18 (2) (a), subsection 18 (3) and sections 21.1 and 21.2 apply despite the Human Rights Code.

6. Section 20 of the Regulation is revoked and the following substituted:

20. If the Minister waived under this section any of the qualifications set out in section 17, as this section and section 17 read before January 1, 2011, with respect to an applicant for or a holder of any class of driver’s licence, the  Minister may renew the waiver of those qualifications for the holder requesting a renewal of his or her licence, as if those qualifications still applied to the holder, if,

(a) the holder provides evidence satisfactory to the Minister, including the reports of any examinations which the Minister may require, that he or she can safely drive motor vehicles in the class authorized to be driven by the class of licence for which a renewal has been applied; and

(b) there has been no worsening of the condition that would have disqualified the holder had the waiver not been granted.

7. Section 21 of the Regulation is revoked.

8. Section 21.1 of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

21.1 If the Minister waived under this section a qualification set out in clause 17 (1) (j) or (k), as this section and as those clauses read before January 1, 2011, for an applicant for or a holder of a Class A or D driver’s licence, the Minister may renew the waiver of the qualification set out in clause 18 (3) (a) or (b), as applicable, for the holder requesting a renewal of his or her licence if,

. . . . .

9. This Regulation comes into force on the later of January 1, 2011 and the day this Regulation is filed.