Autistic drivers could find their licences in legal limbo

Thousands of autistic drivers could find their Australian licences are in legal limbo due to changes quietly made last year to the national standards that govern who is considered fit to drive.

The national 2022 Assessing Fitness to Drive standards are the first to list autism as a condition that “should be assessed individually”, which may involve a practical assessment.

For drivers diagnosed in later life, years after earning a full licence, the changes could have a huge impact on their ability to get to work, care for their children and go about daily living.

The standards state autistic people may struggle with “managing attention and distraction, understanding non-verbal communication from other drivers, planning and organisation of the driving task and adapting to unexpected change, sensory sensitivities (e.g. glare and sound), emotional regulation and input overload, repetitive behaviours such as rocking or hand flapping”.

Victorian Ro Bersten was diagnosed with autism and ADHD at age 43. The managing director of the charity Intertwine has been driving since about 1987 and says the new standard is “stigmatising” and “bizarre”.

“To pass a driver’s test, there are practical items that are checked off, and you’ve either done them or you haven’t. So it shouldn’t matter what the neurotype of the tester or the participant is — because you either have passed the test or you haven’t passed the test,” said Ro, who uses xe/xyr pronouns.

As a Victorian, Ro isn’t required to automatically inform VicRoads about xyr diagnosis. But all Victorian drivers are required to self-report any long-term health condition or disability that has an impact on their ability to drive safely.

The Assessing Fitness to Drive (AFTD) guidelines are updated every few years and cover a range of medical conditions such as diabetes, epilepsy, vision and eye disorders. They are written for health professionals who treat people with conditions that will have an impact on their driving.

The guidelines are developed by Austroads, the association of Australian and New Zealand transport agencies in conjunction with the National Transport Commission (NTC), as well as medical bodies and advisory groups.

There are not many studies of autistic drivers and most focus on learner or inexperienced drivers.

A study published in the American Journal of Occupational Therapy in 2013 of 22 autistic and ADHD teens and 22 neurotypical teens who used driving simulators showed that the neurodivergent teens made more errors relating to visual scanning, speed regulation, lane maintenance and adjustment to stimuli than their neurotypical counterparts.

In Australia, an autism diagnosis includes support levels. Level one is some support required, level two is for substantial support needed and level three refers to those with very substantial support needs. NDIS funding is only guaranteed for those who have an autism diagnosis of level two or three.

“And a lot of people with that condition or their parents don’t want the stigma of having that on their [driving] record,” she said.

A spokesperson for Austroads said autistic drivers aren’t required to automatically report their diagnosis, but the “overarching requirement is that a person with a condition that may impair safe driving will need to report and be assessed”.

(ABC)

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