Autistic Queensland man challenges 'ableist' driving standards

A Queensland man has lodged a human rights complaint over the latest national fitness-to-drive standards, calling the guidelines "demonstrably ableist". Casey Archbald, who is autistic, has held his licence for about 30 years without any issues.

Mr Archbald only became aware that he may have to notify the state transport department about his autism after reading a 2023 news story. Medical conditions, which are likely to impact a person's ability to drive, must be reported to the state or territory authority with a medical certificate.

Complaint lodged with Queensland Human Rights Commission

Mr Archbald is calling for autism to be removed from the guidelines. "Autism spectrum disorder was included for the first time in the 2022 edition," Mr Archbald said. He felt it was "barely a flip of a coin" that the autistic community were included in the latest standards.

Mr Archbald lodged a complaint with the Queensland Human Rights Commission against the Queensland Transport Department over it earlier this year. "It's wrong, irrational and possibly illegal and this is what I want to test with the complaint," he said.

Expert advice on autism and driving

University of Wollongong's Associate Professor Amanda Webster said there was nothing in the "identified symptomatology or characteristics" that are common to autism that would be associated with impaired driving. "I'm sure that there are some individuals out there that might not be the best drivers, but that's true in the typical population as well," she said.

Dr Webster's research focuses on inclusive learning to support the achievement of people on the autism spectrum. She was not aware of any studies about the actual risk of people on the spectrum driving, but she said there was research on how to teach people with ASD how to drive.

Review of driving standards

A National Transportation Commission spokesperson said "neurodevelopmental conditions" have been included in the standards for more than 14 years. The guidelines are developed by the National Transport Commission and Austroads.

The spokesperson said since concerns were raised publicly in 2023, the commission has undertaken further engagement, including working with autism and health representatives to develop clearer public information and engaging with licensing authorities about the language used in their communications.

Queensland Transport and Main Roads response

A Queensland Transport and Main Roads spokesperson said a person must notify the department if they have a long-term or permanent medical condition that is likely to adversely affect their ability to drive safely. "In Queensland, it is a legal requirement that all drivers be medically fit to drive," the spokesperson said in a statement.

Complaint outcome pending

Mr Archbald is still waiting to hear the outcome of his complaint that he lodged in May. He said he had received confirmation that they had received his submission, and that it was set to be addressed within 10 months.

Mr Archbald says his doctor has cleared him fit to drive. Since finding out about the 2022 edition, he has gone to his general practitioner for a medical certificate to provide to the transport department, where his doctor determined he was "capable of driving".

"But I nevertheless incurred a loss gap fee of $65.10," Mr Archbald said. His GP considers his action in getting the assessment "admirable". "I said 'We are known for following the rules'," Mr Archbald said. "And I follow the rules even though they are demonstrably ableist propaganda."

Mr Archbald wants autism removed from the guidelines "in accordance with the scientific evidence". "I don't want to be subject to this discriminatory document," he said. "And I want my $65.10 back."

A Queensland Human Rights Commission spokesperson said that, consistent with its obligations under the Anti-Discrimination Act, it cannot comment on the circumstances or status of individual complaints.