Autistic mum blasts Australia’s new driver’s licence standard – and points out two major flaws

An autistic Australian mother has lashed out at the new driver’s license standard that will require neurodivergent Aussies to undergo medical tests.

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.

Melbourne mother-of-two Emily Geraghty said she was tagged in several articles about ‘driving legislation and being neurospicy’ and shared her thoughts in a video on Friday.

“Doesn’t the government realize that in late diagnosis we were autistic when we took the original test,” she said.

“If I can do a test with a woman who literally watches me for 35 to 40 minutes and doesn’t break down, honey, then we’re right.”

Ms Geraghty addressed two specific concerns raised by licensing authorities about autistic drivers, namely that they are unable to read or send facial signals and that they can ‘collapse’ while behind the wheel.

“I think my favorite reason they gave for this was that autistic people couldn’t pick up on facial cues from other drivers. What she said.

‘Whose facial signals are we picking up when we drive? What? John at the lights next to me, digging his nose?

“I can’t forget that neurotypical Nathan starts to get annoyed after me because I’m actually respecting the speed limit.”

When it comes to adhering to the rules of the road, Ms Geraghty highlighted why autistic drivers may be better than neurotypical drivers.

“News flash, autism comes with the little thing. It’s called cognitive rigidity, so we’re really black and white about following rules. Including traffic rules,” she said.

She added that the likelihood of an autistic driver having a meltdown behind the wheel is unlikely as many largely stick to familiar roads.

“The other reason was meltdowns, which I understand a little better than facial cues, but let’s be realistic,” she said.

‘It’s something where we exhibit repetitive behavior. I’m telling you, most of us take the same routes to places every day.”

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.

As a result, drivers with autism 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 Australians with autism, especially those diagnosed later in life, in a confusing legal limbo, especially for those who obtained their full driver’s license years or decades before their autism diagnosis.

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 their license may be 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

That’s what drivers are legally required to report if they have or develop a long-term medical condition, disability or injury that may 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 Transport for NSW unless this affects driving behaviour. In that case it is legally required to do so.

Drivers will do that will be asked to provide a medical assessment for fitness to drive by their doctor or health specialist and the condition may be placed 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

OOnly 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 required by law 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.