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ontario regulation 83/05

made under the

highway traffic act

Made: March 2, 2005
Filed: March 4, 2005
Printed in The �������� Gazette: March 19, 2005

Amending O. Reg. 340/94

(Drivers’ Licences)

1. (1) Subsection 1 (1) of �������� Regulation 340/94 is amended by adding the following definition:

“corrective lenses” means lenses that correct visual acuity but does not include extraordinary optical devices that enhance or modify vision or that interfere with the horizontal visual field, such as telescopic lenses, prism lenses or sidebar prisms;

(2) The definition of “fully licensed driver” in subsection 1 (1) of the Regulation is revoked and the following substituted:

“fully licensed driver” means a person authorized to drive a class of motor vehicle on a highway and who, while operating a vehicle of that class, is not subject to novice conditions or classed as a probationary driver;

2. The Table to subsection 2 (1) of the Regulation is amended by striking out the row with Class L in Column 1 and the row with Class R in Column 1.

3. Sections 3 and 4 of the Regulation are revoked.

4. Clause 5 (2) (c) of the Regulation is amended by striking out “corrective or contact lenses” and substituting “corrective lenses”.

5. Sections 10 and 11 of the Regulation are revoked.

6. Subsection 12 (2) of the Regulation is amended by striking out “A Class G1, G2, M, M1, M2, L or R driver’s licence” at the beginning and substituting “A Class G1, G2, M, M1 or M2 driver’s licence”.

7. Section 14 of the Regulation is amended by striking out “and” at the end of clause (a) and substituting “or”.

8. (1) Subsection 15 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) An examination of an applicant for or a holder of any class of driver’s licence, including a driver’s licence with or without any endorsement, condition or waiver, or an examination in relation to any endorsement, condition or waiver may include,

. . . . .

(2) Clause 15 (1) (e) of the Regulation is revoked and the following substituted:

(e) medical and physical examinations, tests and procedures to determine the person’s fitness to drive or to determine whether the person meets the qualifications prescribed by section 14, 17, 18, 21, 21.1 or 21.2.

(3) Section 15 of the Regulation is amended by adding the following subsections:

(1.1) It is a condition of a driver’s licence that the holder submit to the examinations required under subsection (1) at such times as the Minister may require.

. . . . .

(5) Where the horizontal visual field of a driver is to be determined under an examination conducted pursuant to clause (1) (e),

(a) it shall be measured without the aid of extraordinary optical devices that enhance or modify vision or that interfere with the horizontal visual field, such as telescopic lenses, prism lenses or sidebar prisms;

(b) the visual field representation must include the central visual fixation point at its centre;

(c) the continuous horizontal visual field shall not include the natural blind spot; and��

(d) the continuous degrees of the horizontal visual field that are required above and below fixation shall be continuous throughout the required continuous degrees along the horizontal meridian.

9. Clauses 17 (1) (j) and (k) of the Regulation are revoked and the following substituted:

(j) has 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

(k) has 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.

10. Section 18 of the Regulation is revoked and the following substituted:

18. (1) An applicant for or a holder of a Class M, M1 or M2 driver’s licence must have,

(a) a visual acuity as measured by Snellen Rating that is not poorer than 20/50, with both eyes open and examined together with or without the aid of corrective lenses; and

(b) a horizontal visual field of at least 120 continuous degrees along the horizontal meridian and at least 15 continuous degrees above and below fixation, with both eyes open and examined together.

(2) An applicant for or a holder of a Class G, G1 or G2 driver’s licence must have,

(a) a visual acuity as measured by Snellen Rating that is not poorer than 20/50 with both eyes open and examined together with or without the aid of corrective lenses; and

(b) a horizontal visual field of at least 120 continuous degrees along the horizontal meridian and at least 15 continuous degrees above and below fixation, with both eyes open and examined together.

11. Subsection 19 (1) of the Regulation is revoked and the following substituted:

(1) The examinations and qualifications required of an applicant for or a holder of a driver’s licence by section 16, clauses 17 (1) (j) and (k), subsections 17 (4) and 18 (1), clause 18 (2) (a) and sections 21.1 and 21.2 apply despite the Human Rights Code.��

12. (1) Subsection 21.1 (1) of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

(1) The Minister may waive either or both of the qualifications set out in clauses 17 (1) (j) and (k) for an applicant for or a holder of a Class A or D driver’s licence if,

. . . . .

(2) Subclauses 21.1 (1) (b) (i), (ii), (viii) and (ix) of the Regulation are revoked and the following substituted:

(i) has a visual acuity as measured by Snellen Rating that is not poorer than 20/30 or, if the person’s vision is better in one eye than the other, that is not poorer than 20/30 in the better eye, with or without the aid of corrective lenses,

(ii) has a horizontal visual field of at least 120 continuous degrees along the horizontal meridian and at least 15 continuous degrees above and below fixation, with both eyes open and examined together,

. . . . .

(viii) does not have accumulated more than six demerit points on his or her driving record, and

(ix) did not have his or her driver’s licence under suspension at any time within the preceding 12 months pursuant to section 53, subsection 128 (15) or section 130, 172, 200 or 216 of the Act or as a result of a conviction under the Criminal Code (Canada) for an offence committed by means of a motor vehicle or while driving or having the care, charge or control of a motor vehicle.

(3) Subsections 21.1 (2), (3) and (4) of the Regulation are revoked and the following substituted:

(2) The Minister may revoke a waiver given under subsection (1) at any time if the holder no longer meets the requirements of subclause (1) (b) (i), (ii), (iii), (vii), (viii) or (ix).

(4) Section 21.1 of the Regulation is revoked and the following substituted:

21.1 If the Minister waived a qualification set out in clause 17 (1) (j) or (k) for an applicant for or a holder of a Class A or D driver’s licence under this section as it read before July 31, 2006, the Minister may renew the waiver for the holder requesting a renewal of his or her licence if,

(a) the holder can safely drive motor vehicles in the class authorized to be driven by the class of licence for which a renewal is requested;

(b) there is no worsening of the condition that would have disqualified the holder had the prior waiver not been granted;

(c) the holder provides evidence that he or she has successfully completed the tests, procedures and examinations that the Minister may require to demonstrate that the conditions in clauses (a) and (b) are satisfied; and

(d) the holder does not have a medical condition or disability that requires a Ministerial waiver from the qualifications for obtaining any class of driver’s licence prescribed in the Act or the regulations other than the waiver under this section.

13. Section 21.2 of the Regulation is revoked and the following substituted:

21.2 (1) The Minister may waive the qualification set out in clause 18 (2) (b) for an applicant for or a holder of a Class G, G1 or G2 driver’s licence if,

(a) the applicant or holder provides evidence that he or she has successfully completed the tests, procedures and examinations that the Minister may require; and

(b) the applicant or holder,

(i) meets all of the other qualifications set out in this Regulation for the applicable class of driver’s licence,

(ii) has not been able to meet the qualification set out in clause 18 (2) (b) for a period of at least three months immediately before the application,

(iii) does not have a medical or visual condition or disability that, alone or combined with a reduced horizontal visual field, may significantly impair his or her ability to drive, including,

(A) a neurological deficit or disorder, including epilepsy,

(B) diabetes that requires insulin for control,

(C) hypotension, or

(D) an impairment resulting from dementia, stroke, brain tumour, brain surgery, head trauma or arthritis,��

(iv) does not have accumulated more than six demerit points on his or her driving record,�� ��

(v) did not have his or her driver’s licence under suspension at any time within the preceding five years pursuant to section 53, subsection 128 (15) or section 130, 172, 200 or 216 of the Act or as a result of a conviction under the Criminal Code (Canada) for an offence committed by means of a motor vehicle or while driving or having the care, charge or control of a motor vehicle, and��

(vi) has not, within the preceding five years and within the period of time he or she has been unable to meet the requirements of clause 18 (2) (b), been involved in a collision the circumstances of which also gave rise to a conviction for contravening or failing to comply with section 128, 136, 138, 140, 141, 147, 148, 154, 156, 158 or 172 or subsection 175 (11) of the Act.

(2) The Minister may revoke a waiver given under subsection (1) at any time if the holder no longer meets the requirements of subclause (1) (b) (i), (iii), (iv), (v) or (vi).

(3) If the applicant’s or holder’s horizontal visual field is so fragmented or incomplete that the size, shape, nature or relative position of the defects in it or along the horizontal meridian or above or below fixation may significantly impair his or her ability to drive, then the Minister shall not grant the waiver under this section.

14. Section 22 of the Regulation is amended by striking out the portion before clause (a) and substituting the following:

22. Any class of driver’s licence, except a Class G1, G2, M, M1 or M2 driver’s licence, is authority for,

. . . . .

15. Subsection 28 (20) of the Regulation is amended by striking out “or R”.

16. (1) Clause 29 (1) (a) of the Regulation is amended by striking out the portion before subclause (i) and substituting the following:

(a) has held a valid driver’s licence, other than a Class G1, G2, M, M1 or M2 driver’s licence, issued under the Act,

. . . . .

(2) Subsection 29 (3) of the Regulation is revoked and the following substituted:

(3) Despite subsections (1) and (2), the period of time during which an equivalent licence must be held under those subsections may be reduced by the period of time that the driver held the equivalent of a Class G1 driver’s licence, to a maximum of 12 months, and by the period of time that the driver held the equivalent of a Class M1 driver’s licence, to a maximum of 60 days.��

(3) Subsection 29 (11) of the Regulation is revoked.

17. (1) Clause 30 (1) (a) of the Regulation is revoked and the following substituted:

(a) a temporary Class G1 driver’s licence, for a period of up to 90 days;

(2) Subsection 30 (2) of the Regulation is revoked and the following substituted:

(2) A temporary licence under subsection (1) may not be issued for a period beyond the day on which the licence holder is scheduled to take a road test if, on the day he or she schedules the test, he or she holds a Class G1, G2 or M2 driver’s licence and the applicable licence expires prior to the day of the road test.��

18. Sections 31 and 32 of the Regulation are revoked.

19. (1) Subject to subsection (2), this Regulation comes into force on May 29, 2005.

(2) Subsection 12 (4) comes into force on July 31, 2006.

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