The Dangers of Medically Unfit Drivers
Medically unfit drivers pose a serious risk to themselves and the public. Driving is a deceptively complex activity. It requires the constant use of our eyes, mind and body. Medical conditions which typically compromise these faculties include vision impediments, mental illness (including addiction), epilepsy, stroke and diabetes.
Individuals with medical conditions that may compromise their ability to drive are not barred in Ontario from obtaining or holding a driver’s license. Rather, Ontario Regulation 207/04 to the Highway Traffic Act requires these individuals to take steps to ensure that their medical conditions do not significantly interfere with their ability to drive:
14. An applicant for or a holder of a driver’s licence must not,
(a) suffer from any mental, emotional, nervous or physical disability likely to significantly interfere with his or her ability to drive a motor vehicle of the applicable class safely; and
(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.
The Ministry of Transportation has the power to compel individuals in the above categories to undergo medical and physical examinations to determine fitness to drive. The Ministry of Transportation may also require individuals in certain age groups (65 years of age and older) to undergo similar medical and physical examinations.
In Ontario, the duty to ensure the medical fitness of drivers extends to treating professionals. Medical practitioners, including doctors and optometrists, are required by the Highway Traffic Act to report to the Ministry of Transportation the name, address and clinical condition of every patient who is 16 years of age or older and who suffers from a medical condition that may make it dangerous for them to drive a motor vehicle.
Drivers who do not report and manage their relevant medical conditions with due care may be liable to pay damages for motor vehicle accidents caused by their negligence. The law similarly holds treating professionals accountable when they fail to report patients who may pose a danger on the roadway because of a medical condition.
