Driver with one arm

Question

One of our companies employs a person who is disabled namely has only one arm. The person has a valid drivers licence with the endorsement for physically disabled. We have been "unofficially advised" by local traffic enforcement that unless the person is driving with a prosthesis they will be deemed driving illegally. The company is providing an automatic vehicle but the underwriters advise that cover only exists if the vehicle is being driven by a driver who is operating within the regulations. Unfortunately the local traffic authorities are not prepared to give us anything in writing and we dont know where to obtain "official confirmation/clarity". Any help you could give us will be appreciated. Thank you

Answer

Section 15. Disqualification from obtaining or holding learners or driving licence (1) A person shall be disqualified from obtaining or holding a learners or driving licence“ (a) (e) (f) if he or she is suffering from one of the following diseases or disabilities: (i) . (vi) (vii) any other disease or physical defect which is likely to render him or her incapable of effectively driving and controlling a motor vehicle of the class to which such licence relates without endangering the safety of the public: Provided that deafness shall not of itself be deemed to be such a defect; The information given by the traffic authority is incorrect: (a) the lack of a prosthesis does not automatically qualify for disqualification of a drivers licence; (b) the law states quite clearly that the person must be rendered incapable of effectively driving or controlling the vehicle (c) if a vehicle is supplied which adequately allows for this individuals circumstances, and the individual can operate the vehicle under full control at all times, then the person is not in contradiction of the law. Note: the person is not driving a vehicle that has been specifically adapted for a disabled person (as in a person who uses a wheelchair) so this clause is not necessary as an endorsement on the licence. Your driver is driving legally and is in compliance with the law. Should the traffic authorities wish to prove otherwise, they will need to prove clause (f).