VicRoads medical assessment course of criticised as drivers left unaware their licence had been cancelled
Since 2016, Warragul driver Sean DeAraugo has been residing with a medical situation that requires him to report back to Victoria’s licensing authority VicRoads.
Key factors:
- The ABC has discovered seven drivers who say they weren’t instructed when VicRoads suspended their licence on medical grounds
- Peninsula Group Authorized Centre fears there are systemic communication issues with the federal government company
- They’re calling for VicRoads to urgently enhance how they notify drivers when their licence is suspended
Often, VicRoads requests a medical assessment by submit, and Mr DeAraugo goes to his physician to finish the shape so he can proceed driving.
In 2020–21, Mr DeAraugo mentioned he didn’t obtain a letter from VicRoads requesting a medical assessment.
“I did not discover on the time as a result of we had been within the midst of COVID, and regular life wasn’t actually occurring,” he mentioned.
“The following factor I knew, I used to be pulled over by police in 2021, and I used to be knowledgeable by police that my licence was suspended.”
Mr DeAraugo was in shock.
Police charged him with driving whereas his licence was suspended.
He instantly contacted VicRoads, they usually emailed him the medical kind.
“I mentioned, ‘Sooner or later are you able to electronic mail me this correspondence? As a result of I do not need this to occur once more,'” he mentioned.
“I used to be instructed that they’re legally required to request the medical opinions by submit.”
Mr DeAraugo’s licence has since been reinstated.
Nevertheless, he’s nonetheless going through fees and is because of seem earlier than the Latrobe Valley Magistrates’ Court docket in February 2023.
If discovered responsible, Mr DeAraugo may have the costs famous on his legal document.
“I am discovering it fairly demanding,” he mentioned.
“Whereas frequent sense tells me I have not achieved something unsuitable … I’m frightened that the end result might not be nearly as good as I would really like.”
Communication breakdown
VicRoads instructed Mr DeAraugo they despatched him one letter requesting the medical assessment in February 2021 and one other in June 2021 to say his licence had been suspended as a result of he had not accomplished the assessment.
Mr DeAraugo says he believes one thing went amiss with the mail at VicRoads’ finish.
“On this event, I have not obtained the letter concerning the medical assessment nor the licence being suspended,” he mentioned.
“I have not missed some other mail throughout that point from some other organisation.”
He’s not the one particular person to say they haven’t been knowledgeable by VicRoads when their licence was suspended on medical grounds.
Clare Ridgway instructed the ABC she solely found her licence had been suspended when police pulled over her husband on November 2, when he was driving a automobile registered in her identify.
Regardless of receiving mail from different companies, she didn’t get something from VicRoads to inform her of the suspension.
‘One letter not ok’
Derek Lightbody was pulled over on the 2022 Australian Day weekend and instructed his licence had been suspended on medical grounds.
“4 days later, I acquired a letter from VicRoads advising me my licence had been suspended,” he mentioned.
“I felt betrayed.”
Mr Lightbody was capable of keep away from fees after a lot forwards and backwards between him, VicRoads and the police,
However he says, “one letter is not ok”.
“To depend on common mail, it is not a well timed course of. It did not require a signature,” Mr Lightbody mentioned.
“You would not serve a court docket summons like that.”
The motorists who spoke to the ABC known as for pressing enhancements to how VicRoads communicates.
They are saying requests for medical opinions and notification of licence suspension must be despatched by registered submit, accompanied by follow-up notifications by way of electronic mail and textual content message.
“It would not matter to me how I get it so long as I get it,” Mr DeAraugo mentioned.
“One thing as vital as a suspended licence must be despatched by registered mail.”
Submit a authorized requirement
Annually, VicRoads assesses about 90,000 individuals’s health to drive via its medical assessment course of.
A Division of Transport spokesperson mentioned it was “designed to maintain everybody protected on our roads”.
“We perceive how vital having a licence is for therefore many Victorians, and that’s the reason we take this course of so critically, assessing each medical report on a case-by-case foundation,” a spokesperson mentioned.
“If VicRoads varies, suspends or cancels a driver licence/learner allow, the particular person can attraction the choice.”
The ABC requested VicRoads if they might contemplate sending discover of a licence suspension by way of registered submit, in addition to digital notifications, to minimise the prospect individuals didn’t know their licence had been suspended. They did not reply to the particular query.
Present laws means a discover is just deemed “served” by VicRoads whether it is despatched to an individual’s postal tackle — and there’s no requirement to ship a letter by way of registered mail.
If a medical report is overdue, VicRoads ship a reminder letter earlier than the licence is suspended.
The place VicRoads processing delays or errors have impacted a driver’s licence, the organisation mentioned it will at all times work with the affected driver to minimise the impression on their particular person medical assessment case.
Legally drivers should replace their tackle inside 14 days of shifting.
A systemic drawback
Peninsula Group Authorized Centre’s follow supervisor for specialist applications Ash Galvin, mentioned VicRoads’ communication was not ok.
“I believe it’s a systemic drawback. Typically, it appears, authorities companies are counting on the standard postal service to ship notifications to individuals,” he mentioned.
“There may be the chance these notifications do not attain individuals for varied causes.”
Mr Galvin represented an 83-year-old lady who had her licence suspended by VicRoads in 2020 — she mentioned she was not notified and solely discovered when she was pulled over by police.
Mr Galvin mentioned if individuals weren’t conscious their licence had been suspended, it will depart them inclined to fees and a visitors offence on their legal document.
It may additionally impression their insurance coverage cowl within the occasion of an accident as a result of many insurance policies don’t cowl drivers with no legitimate licence, he mentioned.
“It is actually vital that individuals are saved updated with the standing of their driver’s licence,” he mentioned.
“We might wish to see VicRoads discover additional alternatives to higher talk to motorists.”
Longstanding difficulty
Coburg North driver Paul Carey found his licence had been suspended on medical grounds in 2018 when he was on his solution to the grocery store along with his two younger children.
Out of the blue police pulled him over, instructed him he didn’t have a legitimate licence and charged him.
“After I noticed the newest story, I assumed, ‘Oh, my gosh! That is nonetheless occurring to different individuals,'” he mentioned.
Whereas the costs had been finally dropped, Mr Carey mentioned it had a huge effect on his psychological well being.
“I’ve a longstanding analysis of complicated PTSD,” he mentioned.
“This actually took me down a notch in my life.”
Mr Carey is now calling on VicRoads to difficulty an apology.
“We had had our licence suspended with none precise communication or accountability from VicRoads,” he mentioned.
“It will be good to be compensated in a roundabout way for all the effort and heartache.”
