Volume 14, No. 3, Summer 2006	Previous Issues Subscribe to AT Messenger Download PDF Viewer
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A Driver’s License Means Independence to Many

Eliza Hirst, Staff Attorney Disabilities Law Program

In Delaware, public transportation is not always convenient. Not being able to drive can quickly lead many people to feel isolated or dependent on others. Especially for individuals with disabilities, driving can be crucial to their freedom and autonomy. While the standard age to obtain a driver’s license is 16, individuals with disabilities are often confronted with added challenges in obtaining a driver’s license because they must go through specialized driver’s education, obtain medical certification, and install adaptive technology to even operate a vehicle.

Student Drivers

For school age drivers, the Department of Education incorporates a driver’s education course into the high school curriculum for all eligible students, including those students in special education. The course is a minimum of 44 hours, broken down into 30 class hours, 7 hours of laboratory instruction to practice driving, and 7 hours of actual driving. For students with Individual Education Plans (IEPs), the IEP team may develop an accommodation plan or create specialized instruction for the Driver Education Program based on the student’s IEP needs.

Parents of students who receive special education services should begin investigating the accommodations their children might need for driver’s education when they turn 16. Parents should also call an IEP meeting close to when their child becomes eligible for a learner’s permit to document necessary accommodations. According to the Association for Driver Rehabilitation Specialists, students with ADHD or developmental delays, for example, should be evaluated for visual perception skills; lack of organization; inability to concentrate; and impaired ability to self-regulate behavior, moods, and responses. For other students in special education, multiple areas of functioning should be considered when determining whether the student will be able to drive and what accommodations will be necessary. That way, the IEP team and the school will have ample opportunity to provide the appropriate accommodations for each student’s driver education.

Adult Drivers

Unlike students, adult drivers do not have the same type of planned driver’s education and testing at their disposal. For adults with disabilities, obtaining a driver’s license can be particularly daunting. Across the country, however, Departments of Motor Vehicles (DMV) employ occupational therapists as driver rehabilitation specialists to evaluate driving skills and provide driver training for individuals with disabilities. Because Delaware is such a small state, the DMV contracts out to agencies with specialization in working with drivers with disabilities. The DMV refers adult first-time drivers with disabilities and individuals who need to renew their license after a change in their physical condition to disability driving agencies. The rehabilitation specialists will determine what accommodations are appropriate and whether the individual is able to drive safely and in control. Specifically, the rehabilitation specialists will perform clinical assessments and functional on-the-road evaluations, and also provide recommendations.

After a specialized driving evaluation, individuals will often receive accommodations such as adaptive equipment, assistance with coordination skills, adjusted steering columns, hand pedals, or specialized foot pedals. For example, individuals with cerebral palsy may need a specialized driving instructor to evaluate range of motion, muscle tone, coordination, and reaction time. Individuals who have sustained a traumatic brain injury or an amputation after obtaining a driver’s license will have to renew their license with an evaluation of their ability to drive under these new circumstances. Alternatively, individuals who need accommodations for disabilities such as sign language interpreters, larger print, or minor adjustments in the vehicle have the option of taking the driver’s license test without going through a specialized driver’s education agency.

Restricted Driver’s License

Unfortunately, Delaware does not permit restrictions on driver’s licenses to accommodate various types of disabilities. In contrast, Florida permits individuals to have restricted driver’s licenses. This means drivers are issued a license, but are required to follow certain guidelines in order to legally drive in the state. Some restrictions used by the Florida Department of Highway Safety and Motor Vehicles include: a person must wear corrective lenses, must wear a hearing aid, or must wear a medical alert bracelet while driving; a person may only drive during daylight hours; a person may only drive a car with automatic transmission; a vehicle must be equipped with a left foot accelerator; or a person may only be permitted to drive to work and while on the job. These restrictions offer Florida some additional options when issuing driver’s licenses to individuals with disabilities.

Medical Certification

Since the Delaware driver’s license is basically an all-or-nothing proposition, Delaware’s DMV requires a yearly medical certification for individuals with disabilities. The certifying doctor must have treated the individual for a minimum of three months and verify that the individual is capable of safely operating a motor vehicle. The certification includes a thorough evaluation by the physician, considering such factors as ability to read, prosthetic devices, visual status, cardiovascular conditions, diabetes, hearing impairments, drug/alcohol use, psychological assessment, and any medications that affect driving ability.

Yet, the process does not necessarily end when an individual is unable to pass the driver’s license test or unable to renew his or her license as a result of a disability. All drivers have the right to appeal to the DMV for reconsideration. They also have the right to take the driver’s license test again.

The Conclusion

Although individuals with disabilities meet many hurdles when trying to secure a driver’s license, those hurdles are not insurmountable. Parents of children in special education should become strong advocates at IEP meetings to ensure their children receive appropriate accommodations and supports for driver’s education courses. Adults with disabilities, on the other hand, may obtain a driver’s license with accommodations, clearance from a rehabilitation specialist, and a medical certification. Fortunately, those who are not successful on their first try always have the option to appeal or reapply for their license. The end result of obtaining a driver’s license, however, may be well worth the extra effort.