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DISABILITIES / ILLNESS AND DRIVING - IMPLICATIONS

 

It is believed that similar requirements may exist in other States / Territories.  Please note the following:-

 

Medical conditions and medications

Laws about reporting your fitness to drive have changed in Queensland.

You can no longer wait until it is time to renew your licence to inform Queensland Transport of a permanent or long-term medical condition that adversely affects your ability to drive safely.

Queensland Transport needs to know as soon as the condition develops or as soon as there is an adverse change to an existing condition.

Talk to your health professional about your medical condition and any potential impact this may have on your ability to drive safely.  Health professionals are qualified to check if you are medically fit to drive.  They may  provide a medical certificate or official letter stating your fitness to drive.

Drivers who fail to report their medical condition may receive a maximum A$4,500 penalty or be disqualified from driving for a certain period.

What should I do if I develop a permanent or long-term medical condition?

You must let Queensland Transport know as soon as you become aware of the condition or an adverse change to it. This may be prior to obtaining a medical certificate from your  health professional.

Note: Drivers aged over 75 years must hold a valid medical certificate at all times. There is more information on the holding your licence after you've turned 75 page.

Medical conditions which may affect driving

This list is not exhaustive. Other medical conditions, or combinations of conditions, may also be relevant. A booklet,  "Assessing Fitness to Drive", containing guidelines to assist health professionals (doctors, occupational therapists, optometrists, or physiotherapists) determine a person's fitness to drive is available on the Austroads website*.

Who is a health professional?

A health professional can be a doctor, occupational therapist, optometrist, or physiotherapist. Health professionals are qualified to check if you are medically fit to drive. If required, they will provide you with the medical certificate or official letter stating your fitness to drive.

How do I notify Queensland Transport that I have a medical condition that affects my ability to drive safely or have had an adverse change to an existing condition?

Commercial Drivers (vehicle carries goods/passengers for hire or reward)

If you have seen your doctor:

If you have not seen your doctor but are aware that you have a condition that may negatively affect your ability to drive:

Note: These requirements also apply to holders of licence classes MR, HR, HC, MC and UD.

Private vehicle drivers

If you have seen your doctor:

If you have not seen your doctor but are aware that you have a condition that may negatively affect your ability to drive:

When I declare my medical condition how will my licence be affected?

How your licence is affected by the declaration of your medical condition depends on the condition itself and the recommendations of your helath professional.

Your licence may be:

If your medical condition means you cannot drive anymore, you should surrender your licence.

What happens if I do not surrender my licence or agree to the condition on my licence?

Queensland Transport will begin "show cause" procedures if you refuse to surrender your licence or refuse to agree to the imposition of a condition on your licence.

Should I report a medical condition even if I have not experienced any symptoms for some time?

Yes. You are required to declare whether you have, or ever have had a medical condition that may affect your driving. In many instances, upon health professional's advice, you would most likely be able to continue driving, but it is important that this information is noted on your driver licence.

How can I manage my driving if I have a medical condition?

Your health professional may suggest limitations or restrictions to your driving such as:

This acknowledges that you are still fit to drive; just not in all conditions.

In this situation, Queensland Transport will issue a conditional licence (code 'M") amended to state the restrictions and you will need to drive according to those limitations.

Do I have to carry a medical certificate with me?

Yes. If you have a code 'M' on your licence, you must carry a current medical certificate stating that you are medically fit to drive and show the certificate to a police officer when asked to do so.

What happens if I do not carry the certificate or drive outside the limitations of the certificate?

You may be fined A$75 and incur 1 demerit point for failing to comply with a condition stated on a licence when driving.

How long does my medical certificate last?

How long your medical certificate lasts depends on:

Those are decisions only your medical professional can make: a certificate may be issued for a few months or for five years. 

You can still get a driver licence that lasts for five years: you need to ensure your medical certicate confirming your fitness to drive remains current.  

Fines apply for driving without holding a current medical certificate or outside the conditions of your licence.  

What if I continue to drive once my licence has been suspended or cancelled?

You would be driving unlicensed and committing an offence. Queensland law contains substantial penalties for those found driving unlicensed.

Can health professionals currently report patients who are medically unfit to drive?

Health professionals in Queensland are currently guided by the Austroads publication Assessing Fitness to Drive*, that provides guidance on reporting issues.

Health professionals are not compelled to report medically unfit drivers to Queensland Transport. They may report a patient if concerned that their advice is being ignored and the patient is still driving.

Providing such information in good faith and in the interests of public safety affords health professionals protection from civil or administrative action.

What happens if Queensland Transport receives information from a health professional regarding the unfitness of a person who holds a Queensland driver licence?

Queensland Transport will contact the person and ask them to "show cause". If they do have their licence suspended or revoked they can contest the decision by applying for a reconsideration of the decision. The person will be informed of that right in writing.

Queensland Transport has the right to immediately withdraw a person's authority to drive on Queensland roads when necessary. The person will still have the right to contest the decision.

What happens if Queensland Transport receives information from a health professional regarding the unfitness of a person who holds an interstate or overseas driver licence?

Queensland Transport will contact the person advising them that their authority to drive in Queensland is being withdrawn. They can contest the decision by applying for a reconsideration of the decision. The person will be informed of that right in the notice in writing.

What other steps are being taken to ensure all Queensland drivers are fit to drive?

Queensland Transport is working with health professionals to increase awareness among patients of the impacts of medical conditions on their ability to drive.

National guidelines aiding health professionals on reporting issues are alaso under review.

 

Related documents


 

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