Following concerns raised by Noosa Electorate residents regarding new Laws on Autism and Driving reported in the media, Sandy contacted the Queensland Minister for Transport and Main Roads and received the below response:

  • Recent media coverage around autism and the Assessing Fitness to Drive medical standards contained some inaccurate information about the requirement for members of the community with an autism diagnosis to report their condition to the Queensland Department of Transport and Main Roads (TMR)
  • TMR understands that this media coverage has caused confusion and raised concerns for some people, which is regrettable. In response to this media coverage, TMR has released a joint statement with Autism Queensland to clarify and reassure Queenslanders who have been diagnosed with autism of the requirements in Queensland (attached). TMR also provides the following information as further clarification of the medical condition reporting requirements in Queensland.
  • Drivers in Queensland are subject to mandatory medical reporting and must advise the TMR if they have a long term or permanent medical condition, or an increase or aggravation in an existing condition, that is likely to adversely affect their ability to drive safely. 
  • Drivers with Autism Spectrum Disorder (ASD) aren’t necessarily required to inform TMR of their diagnosis unless it is likely to adversely affect their ability to drive safely.
  • If an individual has a medical condition that could affect their ability to drive safely, or they are unsure about this, TMR encourages all drivers to ask their doctor for advice.

Assessing Fitness to Drive Guidelines changes

  • The AFTD is developed by Austroads in conjunction with the National Transport Commission on advice from experts in the medical community.  
  • The AFTD is designed to guide and support assessments made by health professionals to ensure that these assessments are conducted in a consistent manner across Australia. 
  • Neurological conditions have been included in the AFTD for a number of years. There has not been any change to the assessment standards for neurological conditions. However, in 2022, there were some guidance notes added to chapter 6.3 of the AFTD to provide additional information to medical practitioners, regarding how they should consider and assess ASD. For more information please visit the Austroads website at https://austroads.com.au/drivers-and-vehicles/assessing-fitness-to-drive.

Licence implications for reporting ASD

  • A person must notify TMR if they have a long-term or permanent medical condition that is likely to adversely affect their ability to drive safely. The person must also provide TMR with a medical certificate to confirm that they are fit to drive.
  • A person’s treating doctor plays a central role in determining a person’s medical fitness to drive, including whether restrictions or conditions need to apply. It is the treating doctor’s responsibility to assess medical fitness in accordance with the medical standards, principles, and guidelines provided in the AFTD.  
  • The length of time a medical certificate is issued for when the condition is subject to periodic review is at the discretion of the treating doctor, with regard to the person’s medical condition(s), and the impact of any medication on their driving ability. However, this may not be necessary if the condition is static.
  • Failure to notify TMR may result in a maximum court-imposed penalty of $9,288 and the cancellation of the person’s driver licence. 
  • For example, this situation may occur where a driver who knows they have a medical condition that will adversely affect their driving but has not reported it to TMR and is involved in a crash. Investigations may find that the driver’s medical condition was a contributing factor. In this circumstance, the court may impose a penalty up to the value of $9,288 for a person failing to notify TMR of their medical condition. 

Further information

Further direct advocacy regarding this or any other matters related to TMR can be directed to the Queensland Minster for Transport and Main Roads via transportandmainroads@ministerial.qld.gov.au. Please cc’ our office in via noosa@parliament.qld.gov.au and forward any response you receive to us.

Updates on many matters we are working are available at www.sandybolton.com/noosa360. Just use the handy search bar to find your topic of interest.