Autistic drivers have been left in limbo after the government redefined the standard by which motorists 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.
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.
The 2022 Assessing Fitness to Drive standards have quietly added autism to the list of medical conditions that can affect a person’s driving
Drivers with autism must now declare their condition and, depending on the state they live in, undergo a doctor’s examination to ensure they can drive
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.
Depending on the state, autistic people will face fines of nearly $10,000 if they do not report the condition
The new guidelines state that autistic people may have difficulty controlling attention, communicating non-verbally with other drivers and dealing with glare and noise.
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.