British Autistics must disclose to driving agency
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Autistic people angry at having to disclose diagnosis to DVLA even if driving not affected
The surprise change in policy – which was not communicated to any autistic people, charities or medical professionals – emerged after a person with autism contacted the NAS and told them the DVLA website said drivers must disclose if they have an autistic spectrum disorder.
Until recently, the website has simply said that drivers must tell the DVLA if they have an autistic spectrum disorder “and it affects your driving”. This is standard for many conditions. The final clause has been removed and is now in a separate paragraph warning of the risk of a £1,000 fine or possible prosecution if these drivers are involved in an accident.
The Labour MP Jess Phillips joined in with criticism of the decision and said she would take the matter further, tweeting: “Believe me when I say I will be asking the Equality and Human Rights Commission (EHRC) to look into this.”
Sophie Walker, the former leader of the Women’s Equality party – whose daughter is autistic – also called for the EHRC to investigate. “This is discrimination,” she said. “I’m furious. I am going to follow this up next week.”
An EHRC spokesperson said the body would expect any change in policy affecting people with an impairment to be clearly consulted on and communicated. “Failure to do so may be a breach of the public sector equality duty,” they said.
Jane Harris, the director of external affairs and social change at the NAS, said: “We are very concerned by the suggestion that people should inform the DVLA after being diagnosed as autistic.
“Autism is a lifelong disability and if someone has passed their driving test we can’t see how an autism diagnosis would change their ability to drive.
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“We have contacted DVLA who have told us that the gov.uk online guidance was wrong previously and that autistic people should notify them of their diagnosis,” she said. “We are questioning the justification for this directly with them, as many of our supporters are very concerned as they were not previously aware that they needed to do this.
The DVLA said: “There have been no changes to autism spectrum disorder being a notifiable condition – this has been the case for a number of years. We have recently aligned the advice on our A–Z guide for the public with the advice for medical professionals.
“Notifying DVLA of a medical condition doesn’t mean a driver will automatically lose their licence. In fact more often than not they can continue to drive.
Despite that reassurance the change in policy has caused a great deal of anxiety in the autistic community.
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Laura James, ambassador for the NAS, said: “We’re upset on a number of levels, but the lack of communication is horrifying as we’ve all potentially been driving illegally since they changed the rules.
“Also, we were all autistic when we passed our tests, which are obviously designed to test people’s skills and ensure they are safe to drive, so this change seems nonsensical.”
Informing the DVLA is not a simple process. The form asks questions that relate to substance abuse and psychiatric treatment but nothing about autism itself.
Drivers have to give information on their GP and specialist and, said James, “as most GPs have a very vague understanding of autism and most autistic adults don’t have a specialist, it is hugely worrying as many of us could lose our driving licences for essentially being different”.
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Professionally Identified and joined WP August 26, 2013
DSM 5: Autism Spectrum Disorder, DSM IV: Aspergers Moderate Severity
“My autism is not a superpower. It also isn’t some kind of god-forsaken, endless fountain of suffering inflicted on my family. It’s just part of who I am as a person”. - Sara Luterman
I was driving for 21 years before I found out about my ASD. I passed my test without knowing I had ASD.
Bit late to be worrying about it now.
And those 21 years of experience tells me there are FAR, FAR worse drivers on the road than me.
Plus if they change the website without telling me how am I supposed to know? An obscure page on a government website isn't exactly top of my viewing list.
Perhaps they should write to every driver on the off chance.
The DVLA website's wording has been changed and it now appears to contradict itself.
Under the main heading it now says "You must tell DVLA if you have an autistic spectrum disorder (ASD)."
Under the individual licence headings, which is where the links to the relevant forms are given, it says "You must tell DVLA if your condition will affect your driving", which is what it used to say under the main heading.
The DVLA website chat operators refused to discuss the issue at all even in general terms and said they could not respond by email either. Their phone line operators also refused to discuss the apparent contradiction and simply repeated that the requirement was that it was now necessary to inform them in all circumstances.
I think it would probably be prudent to fill in the forms and send them off as failing to do so could well invalidate your insurance.
Additionally it would probably be prudent to inform your insurer as well. I did tell mine when I received my diagnosis but they said it wasn't relevant unless I had to inform the DVLA about it. At the time I didn't need to tell the DVLA but now I apparently do which makes the situation particularly annoying.
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Autism is not my superpower.
And yet you don't have to inform the DVLA if you have dyspraxia which I think would result in poorer driving skills.
https://www.gov.uk/learning-difficulties-and-driving
https://www.telegraph.co.uk/motoring/ro ... raxia.html
Their own website says IF IT WILL AFFECT YOUR DRIVING...its really the same with any visual, or physical disability. If your autism doesn't affect your driving, you don't need to disclose it. It's the same with employment, you aren't obligated to disclose UNLESS you are seeking accommodation.
I had a major gripe with them about this back in 2008/2009.
I asked them if Asperger's Syndrome was 'notifiable'. They didn't answer the question, but did send a medical questionnaire and a threat of losing my license if it's not filled in.
I put a formal complaint in, mentioning that the driving license application form lists several notifiable medical conditions, but not Asperger's/similar. I can't remember the exact response off the top of my head, but I think it was something vague like it probably should be reported but it might not have to be if it doesn't affect your driving, but if we are made aware of it anyway, we have to make enquiries.
Maybe I should scan the documents in some time.
Its good that they are trying to clarify it.
So wait, because autistic people have poor social skills, keen interests and might stim they are automatically poor drivers?
Wouldn't they be better drivers, because they're less apt to be texting 500 friends or applying lipstick while driving?
If they don't have an intellectual impairment, what's the issue?
By default, autistic people are conscientious and follow rules. The rules of the road are no different. I'm confused.
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I never give you my number, I only give you my situation.
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Last edited by IsabellaLinton on 04 Mar 2019, 1:02 pm, edited 1 time in total.
OK, I just dug out my DVLA correspondence.
Here's some extracts from what they told me personally:
...when a medical condition, which may pose a risk to road safety is made known to the agency, a medical investigation is carried out so that a decision can be taken...
That's fair enough.
...the enclosed information leaflet that advises on page 7, section 4 that if you are unclear as to whether you should make a medical declaration you should contact the agency, your doctor, or access our website.
The issue here is that I /did/ contact them and they couldn't be bothered to respond. They now go on to clarify it:
As you are aware in July you notified the agency that you were suffering from Asperger's Syndrome. Whilst I note you required an individual response... ...it was not possible to do so. Instead as your condition is notifiable the relevant medical forms were sent to you.
Looks like that one line out of a two page letter clears it up.
That makes me glad I had my assessment in a non clinical capacity, meaning I have a report in my private papers identifying the many ways my profile fits the criteria, but no official paper requiring me to disclose to the DVLA or give an insurance company an excuse to play silly buggers.
That makes me glad I had my assessment in a non clinical capacity, meaning I have a report in my private papers identifying the many ways my profile fits the criteria, but no official paper requiring me to disclose to the DVLA or give an insurance company an excuse to play silly buggers.
This has nothing to do with driving instructors. The DVLA is government agency that manages drivers licences and records of vehicle ownership and yearly MOT tests, that is a test that shows your vehicle is roadworthy or not.
This appears to have turned up out of the blue, with no prior notice. It appears that there has been no consultation with organisations such as the National Autistic Society who are the largest Autism support organisation in the UK. They see this as unacceptable and are asking for an explanation. NAS and DVLA changes to rules for Autistic drivers
I was driving for over 20 years before i was diagnosed with Aspergers. If anything it makes me a better driver. I stick to the rules, most of the time. I don't need to use a sat nav because I have a phenomenal memory for maps and places. Just passing a driving test shows that my driving was judged to be of the required standard, that i was able to make all the judgments a driver has to take; that I had the right level of awareness of my surroundings and the actions of others etc. Being on the Autistic spectrum is not a degenerative condition. My ability to drive has not changed and will not change because of my diagnosis. If I met the standard to get a licence then i am sure i could today.
What is really alarming is that this will be seen as a sign that drivers on the spectrum are somehow impaired and therefore dangerous and more likely to get into accidents etc. You can bet that the car insurance companies will see it that way and up their premiums.
We don't know yet what has triggered this change, what evidence they have used. I am sure though that they will find out that this kind of blatant discrimination cannot happen without just cause.
These pages are showing you only need to tell them if it affects your driving. The second is linked from the Guardian Article in the OP. So have they changed it back to how it was?
https://www.gov.uk/asperger-and-driving
You must tell DVLA if you have Asperger syndrome and it affects your driving.
You can be fined up to £1,000 if you do not tell DVLA about a medical condition that affects your driving. You may be prosecuted if you’re involved in an accident as a result.
Ask your doctor if you’re not sure if your Asperger syndrome will affect your driving.
https://www.gov.uk/asd-and-driving
You must tell DVLA if your autistic spectrum disorder (ASD) affects your ability to drive safely.
You can be fined up to £1,000 if you do not tell DVLA about a medical condition that affects your driving. You may be prosecuted if you’re involved in an accident as a result.
Ask your doctor if you’re not sure if your ASD will affect your driving.
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