How Australian drivers are now canceling their autism assessments after major changes to driver licensing

A major change in the way driving licenses are issued has led to motorists canceling autism assessments amid fears they could lose their right to drive.

Autistic drivers have been left in limbo after the government redefined the standard by which drivers are considered safe on the road.

The 2022 Assessing Fitness to Drive standards now list autism as a medical condition that can affect a person’s driving, alongside conditions such as epilepsy and eye conditions.

The updated standards highlight potential challenges for drivers with autism, such as difficulty maintaining attention, adapting to unexpected changes on the road and interpreting nonverbal cues from other drivers.

“Arbitrarily requiring people with autism spectrum disorder to undergo expensive assessments to continue driving, despite no penalties being imposed, is a significant overreach,” said Zena Burgess, CEO of the Australian Psychological Society. ABC.

Autistic drivers are now required to disclose their condition and may be required to undergo medical screening, depending on their respective states’ regulations, to ensure their fitness to drive.

This places many with autism in legal limbo, especially for those who obtained their full driver’s license years or decades before their diagnosis.

“The rule is demeaning to people with autism and is not based on their circumstances, abilities or understanding of their needs,” Dr Burgess said.

She mentioned Queensland, where Jet’s law requires drivers to report any medical condition likely to affect their ability to drive safely.

In some cases, those affected may need to obtain a medical certificate to prove they are fit to drive.

Failure to do so could result in a fine of up to $9,288 and the loss of your driver’s license.

Ms Burgess said these penalties “will ensure that people with autism continue to be stigmatised.

‘Many adults who suspect that they have (autism) will also be less likely to contact a psychologist for examination and possible treatment due to this rule because of the negative consequences of a diagnosis.’

Brisbane man Peter has been driving since he was 17, but was only diagnosed with autism at the age of 44.

Apart from a few speeding tickets, his driving record over the decades is clean and he has made a formal complaint to the Queensland Human Rights Commission.

He said the new standard is discriminatory because it is based on a medical diagnosis and not on driving skills.

“It criminalizes a diagnosis,” Peter said.

Maree, who has also been driving since she was 17 and was diagnosed with autism at 57, said the new standard is just a “cash grab”.

The regional Queensland resident is the sole caregiver of her disabled adult son, and said she cannot afford to pay for an assessment by an occupational therapy driving assessor if her doctor asks her to do so.

Instead, she will have to spend part of her NDIS payment on that instead of supporting her son.

According to Austroads, one of the groups developing the guidelines, the expectation is that ‘anyone with a condition that could hinder safe driving should come forward and be assessed’.

Fitness to drive assessments vary by jurisdiction. Primary care physicians often recommend an on-road evaluation performed by an occupational therapy driver evaluator, which typically costs about $1,500. In the event that the test fails, subsequent ‘driving rehabilitation’ sessions can range between $130 and $150 each.

Here’s how the guidelines are interpreted by each state and territory:

Queensland

The Department of Transport and Main Roads requires drivers to obtain and provide a medical certificate from a doctor confirming that they are fit to drive.

If someone with a condition listed in the 2022 Assessing Fitness to Drive rulebook is caught without one, they will be liable for a $9,288 fine and could have their driver’s license revoked.

Western Australia

Drivers are required to report any relevant health conditions that may affect their ability to drive and it is advised that ‘autism should be disclosed’.

Failure to report such a condition may result in a $500 fine.

Victoria

Drivers are legally required to report if they have or develop a long-term medical condition, disability or injury that could affect their fitness to drive.

The government could then send a letter requesting a medical report with further instructions on how a driver can keep their driver’s license.

New South Wales

Autistic drivers are not required to report their condition to Transport for NSW unless it affects their driving. In that case it is legally required to do this.

Drivers will then be asked to provide a medical assessment for fitness to drive by their doctor or health specialist. The condition can be stated on their driver’s license.

South Australia

As in NSW, drivers in South Africa are not required to immediately disclose their diagnosis, but must do so lawfully if it may affect their driving.

Health professionals also have a mandatory obligation to report drivers they deem medically unfit to drive after the diagnosis period.

Northern Territory

Only drivers with a disability or health condition that affects their driving are required to notify the Registrar of Motor Vehicles.

Health professionals once again have a mandatory obligation to report drivers they deem medically unfit to drive.

Tasmania

Drivers are legally required to report any long-term health condition that may affect their driving.

Australian Capital Territory

All drivers are required by law to report to Access Canberra any long-term health condition or disability that may impair their ability to drive.