Autistic man lodges human rights complaint over 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. He only became aware that he may have to notify the state transport department about his autism after reading a 2023 ABC News story. The ABC has reviewed the 2012 and 2016 editions of the transport departments’ documents, and found that neither document contained the phrases “autistic”, “autism”, or “autism spectrum disorder” (ASD).

People with medical conditions likely to affect their ability to drive must report them to the state or territory authority with a medical certificate. Doctors determine a person’s eligibility to drive based on the medical standards and guidelines provided in the Assessing Fitness to Drive (AFTD). The previous editions have mentioned neurological conditions such as dementia, epilepsy, cerebral palsy, Parkinson’s disease and multiple sclerosis; autism wasn’t included until 2022.

Mr Archbald therefore lodged a human rights complaint with the Queensland Human Rights Commission against the Queensland Transport Department over it earlier this year, describing that the law is wrong, irrational and possibly illegal. University of Wollongong’s Associate Professor Amanda Webster also said there was nothing in the “identified symptomatology or characteristics” that are common to autism that would be associated with impaired driving.

A National Transportation Commission (NTC) spokesperson said “neurodevelopmental conditions” have been included in the standards for more than 14 years. Though in a statement they admitted TC and Austroads further clarified that an autism diagnosis alone does not determine whether a person can drive safely, and 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.