How Aussie drivers are now cancelling their autism assessments 

How Aussie drivers are now cancelling their autism assessments after major change was brought in on driver’s licences

A major change to how driver’s licenses are issued has led to motorists cancelling autism assessments because they fear they could lose their right to drive.

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

The 2022 Assessing Fitness to Drive standards now lists autism as a medical condition that could affect someone’s driving, placing it alongside conditions such as epilepsy and eye disorders.

The updated standards highlight potential challenges for drivers with autism, such as difficulty maintaining attention, adapting to unexpected changes on the road and interpreting non-verbal cues from other drivers.
‘Arbitrarily requiring people with Autism Spectrum Disorder to undergo costly … reviews to continue driving despite no record of driving penalties is a significant overreach,’ Australian Psychological Society CEO Zena Burgess told the ABC.

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

This places many with autism in legal limbo, especially for those who earned their full driver’s licenses years or decades prior to their diagnosis.

‘The rule is humiliating for people who have autism and is not based on their circumstances, skills or an understanding of their needs,’ Dr Burgess said.

She singled out Queensland, where under legislation called Jet’s law, drivers must disclose any medical condition that is likely to affect their ability to drive safely.

In some cases those affected may have to get a medical certificate to prove they are fit to drive.

Not doing so could lead to a fine of up to $9,288 and the loss of their driver’s licence.

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

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

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

Apart from a couple of speeding tickets, his driving record over those decades is clean and he has lodged a formal complaint with the Queensland Human Rights Commission.

He said the new standard is discriminatory because it’s based on a medical diagnosis, not driving ability.

‘It’s criminalising a diagnosis,’ Peter said.

Maree, who has also been driving since she was 17 and was diagnosed with autism when she was 57, said the new standard is just a ‘money grab’.

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

Instead, she will have to spend some of her NDIS funding payment on that rather than on supports for her son.

According to Austroads, one of the groups who develops the guidelines, the expectation is that ‘a person with a condition that may impair safe driving will need to report and be assessed’.

Assessments of driving fitness differ between jurisdictions. General practitioners frequently recommend an on-road evaluation conducted by an occupational therapy driver assessor, typically priced at approximately $1500. In case of test failure, subsequent sessions for ‘driving rehab’ can range between $130 and $150 each.

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

Queensland

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

If anyone with a condition listed in the 2022 Assessing Fitness to Drive rulebook is caught out without one they are liable for a $9,288 fine and can have their licence cancelled.

Western Australia

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

Any failure to report such a condition can 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 might then send out a letter asking for a medical report with further instruction on how a driver can keep their licence.

New South Wales

Autistic drivers are not required to report their condition to Transport for NSW unless it affects their driving in which case it is a legal requirement to do so.

Drivers will then be asked to provide a medical assessment for Fitness to Drive from their doctor or health specialist and the condition may be placed on their licence.

South Australia

Similar to NSW, drivers in SA are not required to reveal their diagnosis immediately but must lawfully do so if it has the ability to impact 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 which affects their driving are required to inform the Registrar of Motor Vehicles.

Health professionals 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 they have that might impact their driving.

Australian Capital Territory

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