DVLA Now Requiring Autistic People to Disclose Their Diagnosis even if Driving Not Affected

Autistic people angry at having to disclose diagnosis to DVLA even if driving not affected

The National Autistic Society (NAS) is challenging a decision by the Driver and Vehicle Licensing Agency (DVLA) asking people to inform them of their diagnosis even if it does not affect their driving.

The DVSA  did not communicate this change  to any autistic person, charities or medical professionals, instead it came to light when a  person with autism contacted the NAS and told them the DVLA website said drivers must disclose if they have an autistic spectrum disorder.

Until recently, the website has simply said that drivers must tell the DVLA if they have an autistic spectrum disorder “and it affects your driving”. This is standard for many conditions. The final clause has been removed and is now in a separate paragraph warning of the risk of a £1,000 fine or possible prosecution if these drivers are involved in an accident.

The Labour MP Jess Phillips criticised the decision and said  "  I will be asking the Equality and Human Rights Commission (EHRC) to look into this.”

An EHRC spokesperson said the body would expect any change in policy affecting people with an impairment to be clearly consulted on and communicated. “Failure to do so may be a breach of the public sector equality duty,” they said.

 “Autism is a lifelong disability and if someone has passed their driving test we can’t see how an autism diagnosis would change their ability to drive.

The DVLA said: “There have been no changes to autism spectrum disorder being a notifiable condition – this has been the case for a number of years. We have recently aligned the advice on our A–Z guide for the public with the advice for medical professionals.

“Notifying DVLA of a medical condition doesn’t mean a driver will automatically lose their licence. In fact more often than not they can continue to drive.

“We always keep our advice under review and work with our independent medical panels to do so.”

Despite that reassurance the change in policy has caused a great deal of anxiety in the autistic community.

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Laura James, ambassador for the NAS, said: “We’re upset on a number of levels, but the lack of communication is horrifying as we’ve all potentially been driving illegally since they changed the rules.

“Also, we were all autistic when we passed our tests, which are obviously designed to test people’s skills and ensure they are safe to drive, so this change seems nonsensical.”

Informing the DVLA is not a simple process. The form asks questions that relate to substance abuse and psychiatric treatment but nothing about autism itself.

Drivers have to give information on their GP and specialist and, said James, “as most GPs have a very vague understanding of autism and most autistic adults don’t have a specialist, it is hugely worrying as many of us could lose our driving licences for essentially being different”.