Ability or Disability? (A Case of NABD Advocacy & Support)

A Case of NABD Advocacy & Support

Background

Andy suffered a cerebral abscess in 1984, at the age of fourteen, which affected a field of vision to the right of centre, in one eye.

In the 1990’s he went to live in Australia, where he passed his motorcycle test and held a full unrestricted Australian licence.

It appears the policy in Australia, allows people to prove their abilities during training and tests rather than adhering inflexibly to arbitrary ‘one size fits all’ policies on disabilities as the DVLA often tend to do in the UK.

Andy rode a number of motorcycles quite extensively around Australia and on his return to the UK in the late 1990’s he continued to ride motorcycles for twelve months without ever experiencing any difficulties.

DVLA Refusal

As UK law only allowed 12 months use of a non-EU driving licence in the UK, he had then applied to the DVLA for a provisional motorcycle licence to enable him to take the UK motorcycle test.

The DVLA told him in no uncertain terms that they would not grant him a provisional licence for any vehicle because of the deficiency in his right field of vision in one eye.

Over the next fifteen years Andy relied on cycling for transport, including daily commuting through rush-hour traffic and participating in a long-distance charity ride from Edinburgh to Exeter, all without issue.

In 2015, he reapplied for a provisional motorcycle licence, providing medical evidence from his long-term doctor supporting his application.

Despite Andy fulfilling all of the requirements, the DVLA remained inflexible.

NABD Involvement

It was at this stage that he heard about the NABD and got in touch with me.

After hearing his story in detail, I agreed to make representations to the DVLA on his behalf but being mindful that this was an extremely unusual case I cautioned him that it was likely to be a long and bumpy ride that may ultimately end in disappointment.

Over the next few months, I had numerous, often frustrating, conversations with people at the DVLA Drivers Medical Group (DMG) as I presented the case for Andy to be given the chance to prove his abilities beyond doubt.

Eventually it was agreed to grant Andy a provisional licence, only for that decision to be reversed shortly thereafter due to concerns raised by a DMG doctor.

The DMG doctor then insisted Andy undergo an assessment in a car, despite his lack of interest of, or experience in, driving a car.

This struck me as either blatant ignorance on the part of the doctor or flagrant discrimination against the use of motorcycles.

Off-Road Assessment

After further discussions with the DVSA case manager, it was agreed that I should carry out an informal off-road motorcycle assessment, with the assistance of an experienced motorcycle instructor in a bid to dispel the doctor’s concerns.

I enrolled the services of Dave Williams of Apex Motorcycle Training, Stockport, to assist me in the assessment, as he is one of the best in the business and he has more experience with disabled riders than any other instructor I know of.

Andy travelled to Manchester by train, carrying all of his bike gear, to take part in the off-road assessment on a cold, wet, miserable February day.

Despite being very cold, on a wet and windy CBT training pad, I was rather delighted by the conditions because an assessment carried out in cold wet weather, low light, and fluctuating levels of poor visibility, would really put Andy through his paces and highlight any potential issues much better than if it had been a nice clear sunny day.

After Andy completed all of the standard off-road aspects of a CBT course, we really put him through his paces as I and another volunteer played the part of unpredictable pedestrians. I had purposely dressed all in black to make myself less visible too!

Random observation exercises were repeated numerous times in different directions and Andy performed exceptionally well, demonstrating his ability to compensate for his visual deficiency under very challenging conditions.

At the conclusion of the assessment, we were in no doubt that Andy had indeed taught himself to compensate for his deficient field of vision to the extent that it had become a natural reflex.

My report and a statement from the Dave Williams both recommended that Andy should be granted a provisional licence so that he could take a formal CBT course and progress through further training and tests.

I also submitted both video and photographic evidence from the assessment.

Further Resistance

We were all astonished when, despite the written and video evidence, the DMG doctor persisted in her insistence on a car-based driving assessment.

More determined than ever to prevail over such flagrant prejudice, I went on the hunt for evidence and empirical research documentation to support our case.

Armed with a lot of supporting evidence, I contacted the DMG case manager once again and argued the case that the hazard perception and avoidance required when riding a motorcycle are markedly different from when driving a car, as indeed is the field of vision available when wearing a motorcycle helmet.

I also reminded her that, if Andy had completely lost an eye he would have been issued a provisional licence when he first applied more than 15-years ago!

Following a protracted case conference the DMG instructed me to carry-out a full ‘formal’ assessment including a full CBT course.

A temporary provisional licence was granted for the duration of the assessment to allow for the on-road aspects of the CBT course and further on-road aspects of the assessment.

Full CBT and Road Assessment

On 7 April 2016, Andy returned to Manchester. Dave Williams stepped up once again to assist me in the assessment.

Andy went on to completed a full CBT course and a rigorous on-road assessment, carried out on the notoriously pot-holed roads in Bramhall’s busy town centre.

Once again, he performed to a high standard.

I submitted a comprehensive report, this time accompanied by a CBT completion certificate, on 15 April 2016.

Within days, the DVLA granted Andy an unrestricted provisional licence.

On 22 July 2016, Andy passed his Direct Access test. He secured a full unrestricted Category A licence.

On 30^th July 2016, Andy became the proud owner of a Kawasaki Versys 650 motorcycle. My message to him on that day was, “Be careful out there. Not everybody on the road had to prove their abilities like you did!”

Nine Years On

Since gaining his full UK licence, Andy has ridden extensively.

He went on to complet an Advanced Rider course with IAM RoadSmart and he has owned several motorcycles, including a Triumph Street Twin 900, a BMW G310GS, and a BMW R1300.

In 2025, Andy was injured in a road traffic accident when, somewhat ironically, a car driver “failed to see him!”

Thankfully, Andy has recovered and he is currently enjoying a very nice Suzuki V-Strom 1050, once again proving the old adage, “You can’t keep a good man down!”

Conclusion

This case demonstrates a simple truth that some folk at the DVLA could benefit from aknowledging.

‘People should be judged on proven ability, not assumed disability’.

Rick Hulse
NABD Chairman