Disputing a Prohibition from Driving for Medical Fitness

There are several ways that RoadSafety can suspend or put restrictions on your driver’s license for a medical reason. This includes a Driver’s Medical Examination Report, an Urgent Cancellation or Notice to Cancel, an Enhanced Road Assessment (ERA) Review or a Restriction on your license. Below are the ways to dispute each type of prohibition from driving for a medical reason.

Asking for a review of the decision to cancel, deny or restrict your driver’s license after a Driver’s Medical Examination Report

Have you completed and submitted a Driver’s Medical Examination Report to RoadSafety and received a decision you do not agree with? Did RoadSafety deny, cancel or place restrictions on your driver’s license due to a medical condition? Here is what you need to know about disputing the decision.

If your medical condition changes or improves, you may request a review of a driver’s medical fitness decision. Driver Medical Fitness reviews are conducted by adjudicators and Case Managers (who are Registered Nurses). The specific information required to initiate a review can be found in the original decision sent to you. There is no fee associated with asking for a review. Most often you will need new medical information indicating an improvement in the medical condition. You will need to send in written submissions requesting a review of the previous decision, which includes the new medical information. RoadSafety will then take that information and decide on your review. They will then mail you a copy of the review decision.

Urgent Cancellation Reconsideration

Have you been notified that your license is subject to an Urgent Cancellation? This means that RoadSafety has immediately cancelled all your driving privileges based on two criteria: current and reliable information of an urgent medical issue and urgent risk to road safety. You will be notified in writing of this cancellation. Driver’s have 21 days from the date of the cancellation letter to request a reconsideration. Urgent cancellation reconsiderations are treated as a priority. Details regarding the reconsideration process are outlined in the letters.

There are no extensions granted for reconsideration requests. however, drivers making a request for reconsideration outside the 21-day time period who have a change in their medical condition may seek a review of their medical fitness to drive at any time by providing updated medical information to RoadSafety. To request reconsideration of an Urgent Cancellation decision, drivers should review the information provided in the decision letter and send in a written explanation of the reasons the driver thinks the decision should be reconsidered. The submission should be titled “Urgent Driver’s Licence Cancellation Reconsideration Request – Driver Medical Fitness” so that it can be identified by RoadSafety intake staff as a reconsideration request for an Urgent Cancellation that should be decided as a priority decision. The submission should contain all the information the driver wants RoadSafety to consider, including copies of updated medical information.

Notice to Cancel Reconsideration

Have you received a letter in the mail informing you of a Notice to Cancel? If RoadSafety receives a reasonably reliable report of a serious medical issue that may affect the driver’s fitness to drive and that may pose a serious public safety risk, but the threshold for an Urgent Cancellation decision has not been met, RoadSafety will investigate further in order to make a driver medical fitness decision. If this happens, RoadSafety will send the driver a Notice to Cancel which means that the driver will have 30 days from the date of the Notice to additional information about their fitness to drive to RoadSafety. RoadSafety will consider the information provided and decide as to whether the driver is fit to drive or whether the licence should be cancelled. If no information is received within 30 days, the driver’s licence will be cancelled, and the driver will be advised of the cancellation decision in writing.

Drivers who provide their submissions outside the 30 days or drivers who have a change of medical condition may seek a review of their medical fitness to drive at any time by providing updated medical information to RoadSafety. Submissions that are more than 30 days after the notice to cancel is issued may not be addressed on a priority basis. In order to request a review, drivers must send in a written submission, including all the information the driver wants to be considered to RoadSafety. An adjudicator will review the submissions as well as the driver’s file for all relevant information before deciding on review.

Urgent Assessment and Request for Further Information

Has RoadSafety sent you a letter in the mail advising you of the need for an Urgent Assessment or Request for Further Information? If RoadSafety receives a report about a driver’s medical condition that may affect their fitness to drive but there is not enough evidence to support the issuing of an Urgent Cancellation Notice or Notice to Cancel, they will issue an Urgent Assessment and Request for Further Information. This means that a driver may need to go through a driving assessment of their fitness to drive on an urgent basis or they may require the driver to provide more information respecting their fitness to drive. This can include having the driver complete a Driver’s Medical Examination Report, a medical assessment, or a functional driving assessment, which is either an Enhanced Road Assessment or an ICBC road test re-examination. The time frames for completing these assessments are on a case-by-case basis and will be included in the Urgent Assessment and Request for Information letter mailed to the driver. If a driver does not comply with these assessments, then the Superintendent may cancel a driver’s license until the driver complies with the requirement and a decision is made on the driver’s fitness to drive.

Enhanced Road Assessment (ERA) Review

The Enhanced Road Assessment (ERA) is an assessment that evaluates a driver’s functional ability to drive. RoadSafety reviews the results of the ERA, along with all other relevant information in a driver’s file, in order to decide whether RoadSafety wishes to maintain, re-issue, restrict or cancel the driver’s licence.

If a driver’s licence is cancelled as a result of the ERA process, and the driver does not feel the decision was administratively fair, then they can request a review of the decision to cancel the driver’s licence. If there has been a change or improvement in a driver’s medical condition, the driver can request a review of their medical fitness to drive. The cancellation decision letter sent to the driver outlines the specific information required from the driver’s physician for the review.

Once a driver receives the written decision letter and decides to file for a review of the decision, drivers should send in a written explanation of the reasons that the driver thinks the decision should be reviewed. The review takes into consideration the written submissions, a thorough review of the information in the driver’s file, and any additional information provided by the driver’s physician. Reviews can be submitted at any time after a driver’s license has been cancelled following an ERA. There is no timeline to file for a review. There is also no fee associated with filing for a review. The review will be conducted by a separate adjudicator or nurse case manager than the one who made the original cancellation decision. The driver’s license will remain cancelled until a decision is made on review.

Restriction Reconsideration

Driver Medical Fitness Restrictions may be placed on a driver’s licence by RoadSafety or by ICBC.  These restrictions are added to a driver’s license when a driver has a medical condition or a functional deficit that requires the use of a device or technology that enables a driver to safely operate a motor vehicle. Some examples include a requirement for a fitted leg/prosthesis, specified vehicle modification, restricted to an automatic transmission, visible low air warning device, or hands controls the only restriction. In most cases, prior to the removal of a restriction, drivers will be asked to complete a road test in order to demonstrate they can safely operate a motor vehicle without restrictions. These restrictions may be added to a license at the point of licensing or as a result of a Driver Medical examination Report or a RoadSafety ordered ERA.

In order to apply for a Restriction Reconsideration, a driver must complete and submit a Driver Medical Fitness Restriction Reconsideration Application Form and submit the form to RoadSafety. A RoadSafety adjudicator will consider the application form and any other relevant information on the driver’s file. The adjudicator will determine if the restrictions are necessary and will provide the driver with a decision in writing. In most cases, drivers will be asked to complete a road test in order to show that they can safely operate a vehicle without the restriction.

Driver Medical Fitness review decisions are final and binding. If you are subject to a Driver Medical Fitness review decision that you do not agree with, contact a lawyer immediately for legal advice.