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MTO-Final-EN-Small-Accessible.Pdf ONTA RIO ONTARIO’S WATCHDOG SuSpended STATe Investigation into the adequacy and effectiveness of the Ministry of Transportation’s notifcations and communications with drivers about licence suspensions and reinstatements OMBUDSMAN REPORT | PAUL DUBÉ, OMBUDSMAN OF ONTARIO | SEPTEMBER 2018 ONTA RIO ONTARIO’S WATCHDOG SuSpended 1-800-263-1830 www.ombudsman.on.ca STATe Offce of the DIRECTOR, SPECIAL OMBUDSMAN Ombudsman of Ontario RESPONSE TEAM We are: Gareth Jones An independent offce of the Legislature that resolves and investigates public LEAD INVESTIGATORS complaints about Ontario government organizations Rosie Dear and municipalities, universities and school boards. The Grace Chau Ombudsman recommends solutions to individual and systemic administrative INVESTIGATORS problems. Domonie Pierre Our Values: Fair treatment Armita Bahador Accountable administration Independence, impartiality May El-Abdallah Results: Achieving real change Elizabeth Weston Our Mission: We strive to be an agent of Chris McCague positive change by promoting fairness, accountability and transparency in the public EARLY RESOLUTION OFFICER sector. Mital Patel Our Vision: A public sector that serves citizens in a way that is fair, COUNSEL accountable and transparent. Robin Bates GENERAL COUNSEL Ontario Ombudsman Laura Pettigrew @Ont_Ombudsman OntarioOmbudsman Ombudsman Report Investigation into the adequacy and effectiveness of the Ministry of Transportation’s notifications and communications with drivers about licence suspensions and reinstatements Suspended State Paul Dubé Ombudsman of Ontario September 2018 Table of Contents Executive Summary ........................................................................................................ 5 Investigative Process ...................................................................................................... 7 Complaints about Ministry notices ............................................................................... 7 Scope of investigation .................................................................................................. 9 Driving in Ontario .......................................................................................................... 10 Suspensions for unpaid fines ..................................................................................... 11 Consequences of driving with an invalid licence ........................................................ 11 Accident in a suspended state – Mike’s story ........................................................ 12 The Road to Suspension ............................................................................................... 12 Step 1: That’s the ticket ............................................................................................. 13 Step 2: Order of the court .......................................................................................... 14 Step 3: In suspense ................................................................................................... 15 Step 4: Outstanding news .......................................................................................... 16 Escaped Notice: Delivery Problems .............................................................................. 17 Returned mail ............................................................................................................ 17 Residential and mailing addresses ............................................................................ 18 Surprise suspension: The notice is in the mail ........................................................... 19 Correspondence reports – Raymond, Kevin and Robert’s stories ......................... 21 Return to grace? ........................................................................................................ 21 Helping drivers help themselves ................................................................................ 24 Proactive versus reactive approach ........................................................................... 25 Lost in Translation: Communication Issues ................................................................... 29 Notice of Suspension ................................................................................................. 29 Lack of directions - Darcy’s story ........................................................................... 31 Notice of Outstanding Licensing Requirements ......................................................... 33 What outstanding requirement? ............................................................................. 33 Paying the price ..................................................................................................... 34 Temporary licence .................................................................................................. 35 Graduated licensing ............................................................................................... 35 “May” versus “will” ...................................................................................................... 37 Searching for Answers: Customer Service .................................................................... 38 Driven to distraction ................................................................................................... 39 Going in circles – Pierre’s story .............................................................................. 39 Delayed reaction – Pablo’s story ............................................................................ 40 “A really mean trick” - Sophie’s story ...................................................................... 40 Levels of service ........................................................................................................ 41 ServiceOntario locations ........................................................................................ 41 ServiceOntario Driver and Vehicle Contact Centre ................................................ 42 Ministry of Transportation Driver Control Section ................................................... 42 One government, one-stop service ............................................................................ 43 This Call May Not be Recorded: Monitoring Issues ...................................................... 45 Recording and quality assurance............................................................................... 45 “It’s not my job” - Javier’s story............................................................................... 45 Improving control ....................................................................................................... 46 Tracking satisfaction and complaints ......................................................................... 49 Opinion .......................................................................................................................... 51 Recommendations ........................................................................................................ 52 Response ...................................................................................................................... 57 Appendix A: Examples of Notices ................................................................................. 59 Appendix B: Response from Ministry of Transportation ................................................ 69 Executive Summary 1 Every year, Ontario issues some 100,000 driver’s licence suspensions for failure to pay fines for offences that can be as minor as low-level speeding, obstructed licence plates, or neglecting to signal, or more serious, such as driving without insurance or while suspended. While drivers are ultimately responsible for paying their fines, the Ministry of Transportation is responsible for notifying them that they have lost their privilege to drive, and what they can do to reinstate it. But thousands of drivers never receive these notices, or are confused by them. Unaware that their licences are invalid, they continue to drive, at considerable personal and financial risk – to themselves and others. 2 My Office receives hundreds of complaints each year about the Ministry, most related to driver licensing. Since 2014, we have closely monitored the Ministry’s administrative process for communicating with drivers about suspensions and reinstatements. Our work with Ministry officials in resolving these complaints resulted in incremental improvements in the notices sent to drivers. However, we continued to receive complaints, and in May 2017, I informed the Ministry that I was launching a systemic investigation into the underlying issues. We received an additional 107 complaints after the investigation was announced. 3 For Ontario drivers, the licence suspension process begins when a police officer tickets you for an offence, usually under the Highway Traffic Act. The ticket indicates you must pay the associated fine or contest the ticket to avoid further consequences. If you do nothing, the local provincial offences court convicts you and sends you a notice by mail. This notice informs you that that your licence “may” be suspended if you do not pay the fine by a certain date. If you don’t pay, the court orders the Ministry to suspend your licence, and the Ministry mails you notification of this fact. 4 However, every year, thousands of suspension notices are returned to the Ministry as undeliverable. Some drivers only discover they are suspended when they attempt to renew their
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