A woman who suffers from Huntington Disease has lost a battle with Transport Malta to have her driving licence renewed.
The woman sued Transport Malta in December 2017, saying she had applied for renewal of her licence in March 2015, annexing a medical certificate. In July 2015 she was asked to undergo a medical test at the Occupational Health (Medical) Unit at St Luke’s Hospital.
But with no licence having been issued, she again applied for a licence in 2017 again enclosing a medical certificate showing her as being ‘fit to drive’.
Transport Malta refused her application in terms of regulations, telling her that “the authority shall not issue a driving licence to an applicant whose driving licence is restricted, suspended, withdrawn or cancelled. As you are aware, your driving licence has been withdrawn due to medical reasons and recommendations…”
She replied, quoting the Driving Licences Regulations, which says “driving licences subject to certain restrictions, if necessary, may be issued to physically handicapped applicants or drivers following the issuing of an opinion by a competent medical authority. A competent medical authority is defined at law as a medical practitioner or a group of medical practitioners”.
But TM told her that “in this case, on the basis of the preponderance of evidence which the authority has in its possession which clearly points out that the issuance of a driving licence in your favour could seriously jeopardise road safety and that the driving of a motor vehicle could constitute a danger both to your goodself as well as to others, the authority is exercising its discretion... to refuse to continue to process your driving licence application, and this in your best interest as well as of the general public.”
The woman said in her case before the Administrative Review Tribunal that while it was true that she suffered from Huntington Disease (a progressive brain disorder that causes uncontrolled movements), she disagreed that granting her a licence would jeopardise road safety.
She said she had suffered from the disease since 2008 but had managed to control it and never had a traffic accident up until 2012, when her licence needed to be renewed.
She asked TM to change its position and also asked it to produce the "preponderance of evidence" it said it held.
In its reply, TM said that in granting driving licences it had a duty to ensure the safety of road users, and it therefore turned down applications from people who unfortunately suffered from Huntington’s Disease since this condition caused the deterioration of the patient’s mental and physical faculties and could cause loss of control of movement, forgetfulness and impaired judgement.
The tribunal considered an assessment report by the Commission for the Rights of People with a Disability after the woman was referred to the commission by TM’s doctor.
The commission’s therapist testified that in his opinion it would not be wise for the applicant to be allowed to drive.
A driving instructor also voiced his concerns after a series of sessions, which he said he had to discontinue after the woman did not follow his instructions.
In its decision, the tribunal said TM had a right to exercise its discretion. The application had not been turned down simply because the woman suffered Huntington’s Disease. TM had consulted its own doctor and the occupational therapist.
The tribunal said that after detailed consideration, it was of the view that TM had acted with a sense of responsibility to the applicant and the general public.
Even if modifications needed to be made to the applicant’s vehicle, some movement was still required by the woman and her movements were unfortunately not well coordinated, with a real risk of involuntary muscular movement which could cause a danger on the road.
The tribunal therefore upheld TM’s arguments and turned down the application.