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Dáil Éireann debate -
Tuesday, 15 Jun 1993

Vol. 432 No. 3

Adjournment Debate. - Driving Test for Disabled Person.

I wish to thank the Chair for selecting this subject for discussion. I apologise to the Chair, the Minister and the House for misunderstanding my time slot and delaying the House. This issue concerns a man who is physically and mentally capable, a fit and accident free driver who has no blemish on his driving licence to date and who has had experience of driving. The father of a young family he could not always afford a car and only recently sat his driving test. It was the toss of a coin as to whether he was tested in a manual or automatic car, such was the extent of his disability, which is hardly noticeable.

One of this man's arms is disabled as a result of polio as a child. He is now very fit and capable of driving a manual car without being a danger to himself or anyone else. People with illnesses are allowed to drive manual cars. When I raised this matter in the House many years ago the former Minister, Padraig Flynn, was very helpful in changing the regulation in that regard.

I do not often raise matters on the Adjournment but an injustice is being done to this man and there was a certain element of subjectivity in making the decision. I ask the Minister to reverse this decision or at the very least refer it to an independent party or authority to rule on it. It appears the decision as to whether a manual driving test is allowed is made by people who are not qualified to certify whether a person has a disability.

People with greater disabilities than the one from which this man suffers experience no difficulty in driving manual cars. This man simply cannot afford the extra cost of an automatic car. He is not a man of means and the market for second-hand automatic cars is very limited. On principle, whether this person could afford such a car and the additional expenses of servicing it, he should not have been denied the opportunity to undertake a manual driving test. I hope the Minister will intervene to allow this man, and people with mild disabilities, to take the full driving test.

There is no statutory or administrative bar to a person with a physical disability taking a driving test in a vehicle with a manual gear change. Indeed, many such people have successfully completed driving tests in such vehicles, usually specially adapted to overcome the effect of their handicaps.

A medical report is required by a handicapped person for the purpose of an application for a licence. It is the medical practitioner who completes this report and forms a view as to the fitness of such a person to drive from a health point of view.

Driver testers operate in accordance with the Licensing of Drivers Regulations, 1989, which lay down the nature and manner of the holding of driving tests, including the operations and manoeuvres which have to be carried out satisfactorily during the course of the practical road test. It is a matter for the driver tester to determine whether, having regard to the performance of the applicant, he or she is competent to drive the vehicle without danger to and with due regard for the safety and convenience of other persons. The tester is obliged to withhold a certificate of competency unless he is satisfied that the requisite standard of driving is in evidence.

In the case of the person in question, a driving test was conducted in a car with manual transmission but the driver tester abandoned the test having formed the view that the person, because of the nature of his disability could not operate the gears with his right hand while at the same time maintaining adequate, safe control over the movement of the car. The tester offered him the advice that he should drive an adapted car with automatic transmission and the applicant subsequently completed a successful test in such a car.

I repeat that persons with physical disabilities are not, per se, debarred from making driving tests in vehicles with manual gear change. Common sense and limitations imposed by an individual's particular disability will usually dictate the type of vehicle and/or adaptations required to enable such a person to drive with safety.

In the past number of years significant changes have been made in catering for people with physical disability. Sensitive problems, similar to that to which the Deputy referred, arise occasionally and have to be subjectively dealt with in circumstances in which a driving tester has a number of competing responsibilities. Even though this person has succeded in passing a test, I will review the regulations generally with a view to ensuring that the system as it operates is not only fair but caters for individual circumstances such as the case in question.

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