THE Combined Disabilities Foundation (CDF) is pressing for the speedy signing into law of amendments to the Traffic Act allowing persons with disabilities of the legs or arms to acquire driver’s licences.

After 20 years of advocacy, in 2005, Regulations 41 and 46 of the Traffic Act were amended to allow persons who are deaf to take the driving test and be legally allowed to drive.

Only recently, however, news reports in the Jamaica Observer highlighted the plight of other members of the disabled community — specifically persons who have lost both legs, whether they use a prosthesis or not, or have very limited use of both legs, or have one arm and one leg — who were being prevented from obtaining a driver’s licence under Regulation 46 of the Act.

According to Gloria Goffe, Executive Director of the CDF, this was nothing short of “archaic and discriminatory”, and she has urged faster implementation of the changes.

“While the Minister of Transport has since approved an amendment to this Regulation to reverse this decision we are still awaiting the signing by the relevant authority and the gazetting of this approved amendment to grant these individuals the right to apply for and be tested for a driver’s licence,” Goffe told a meeting of the Select Senate Committee of Parliament on Thursday.

Her observation came during examination of a Motion by the Senate Committee on National Policy Issues that was brought to the Senate in February by Government senator, Imani Duncan-Pryce.

She proposed that the system of granting driver’s licences be re-examined, in particular, the process and qualifications required for an applicant to successfully obtain a valid licence.

Thursday, Goffe, who is visually impaired, said the 74-year-old Act “was promulgated during a period when technology was not as advanced and persons with disabilities were still being kept in back rooms, in institutions or simply begging, or merely surviving”.

“A lot has changed since then and these individuals have demonstrated that they are an equal part of this society making their contribution in meaningful ways… more importantly, how many of the architects of the Act are around to realise that the persons prohibited from driving fall among those posing the least danger on our roads. contrary to their justification for excluding persons with certain types of disabilities from acquiring a licence?” she wanted to know.

She went on to argue that “despite a number of restrictions in the Act, the number of motor vehicle accidents including fatalities has been high for many years with research related to driving by deaf persons revealing an extremely low percentage in a number of jurisdictions in the United States and dialogue with the police in Jamaica producing a similar response”.

“The issues raised in the Motion are valid and timely, it is no secret that many persons who have joined the population of disabled persons are victims of motor vehicle accidents. Any re-examination of the licensing system would unarguably include the Traffic Act and its accompanying regulations,” Goffe said.

The Association has gone further to recommend that parliament revisit the report on improving the Traffic Act that was done six to eight years ago to ascertain whether there already exists valid information that could contribute to the proposed re-examination.

It is also proposing that the legislature re-examine the Act, and/or regulations governing the insurance companies which could pose a barrier to persons who are deaf and those with physical disabilities having a vehicle at their disposal, acquiring a driver’s licence, but being unable to drive as they will not be insured; or insured at an exorbitant and, at times, unaffordable premium because they are considered ‘high risk’ based on the Act.

“How did we arrive at such an assumption when the evidence is non-existent? This matter needs to be urgently addressed as a vehicle with a licence is of no good to the driver, if the insurance is not obtained. If this is not in the Act but is an industry policy then we implore you to support us in our lobby to change this,” Goffe said Thursday.

In the meantime, the appeal is also for “drivers with disabilities to be subjected to the same rules that govern licencing and insurance for the rest of the population”.

Said Goffe, “consider the possibility of a person with a disability operating a motor vehicle for a business. There are a number of these individuals who have been driving for years without an accident and if they are unemployed they do not have the alternative of seeking a license to operate a motor vehicle for income generation”.

Meanwhile, the CDF is also proposing that “to ensure uniformity in application of the licensing procedures relating to these individuals, the authorities should train and disseminate similar information to all police officers involved in the licensing process”.

“This will prevent varying interpretation depending on the depot at which the test is to be carried out,” Goffe added.

“We are confident that the members of this Select Senate Committee will not let your decision be based solely on the disability but on the fact that persons with disabilities are driving all over the world at minimum accident rates. Other persons with disabilities are earning from the use of their vehicles and, finally, there is no empirical evidence to show that drivers with disabilities pose any undue threat to themselves or other road users. We use this opportunity to seek your support for the amendment to laws that seemingly, or outrightly stifle our growth and development,” she said further.

The 1938 Act prohibited several groups of individuals from applying for, or obtaining a driver’s licence as they were thought to be high-risk, or incapable of driving a motor vehicle. Among those listed were persons who are deaf and persons who have physical disabilities of a particular nature, which includes loss of, or the lose of use of both legs, and having one arm and one leg.