You recently celebrated your 80th birthday. When you go to renew your driver’s license at your local ICBC office, the clerk tells you to submit a completed Drivers Medical Examination Report (DMER) before you can renew your license. The clerk tells you that this requirement starts at age 80, usually costs $75 and can consist of medical checks of your cognition, eyesight and general physical health by a doctor or nurse practitioner. You are surprised by this new requirement and tell the clerk that you are healthy and that you have an excellent driving record. She tells you that this is a requirement for everyone over the age of 80, even people with a great driving record. She says this is because research has shown that the risks of at-fault accidents more than double after this age and this poses a serious risk to road safety. You ask if the cost of the medical exam is covered by MSP and she says no. She says that you will have to pay that cost if you want to renew your license. You tell her that this is discrimination based on stereotypes about people your age. You say that you shouldn’t have to go through an extra step and incur an extra cost since your driving record is excellent.
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Now that you have turned 80, you are experiencing an added barrier to renewing your license. However, the Tribunal found that ICBC can justify their actions and has accommodated you.
ICBC justified this DMER requirement by arguing that it has a legal duty to ensure that everyone with a driver’s license is able to drive safely. These new barriers that they have given you are based on their legal obligation to ensure road safety, and on research conducted about accident rates and age. The Tribunal found that their decision is based not on stereotypes of people your age. The Bureau has provided an accommodation to you because they have allowed for an individualized assessment, the DMER completed by a medical professional, rather than just automatically revoking your license.
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