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

Andy suffered a cerebral abscess in 1984, at the age of fourteen, which had affected his vision, in particular a field of vision to the right of centre. He then lived for several years in Australia in the 1990’s and had passed his motorcycle test there 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 had ridden a motorcycle for twelve months without ever experiencing any difficulties.

As UK law only allows 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. At this point 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.

For over 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 motorcycle licence, providing medical evidence from his long-term doctor supporting his application. Despite Andy fulfilling all requirements, the DVLA remained inflexible.

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

After further advocacy, it was agreed that I would 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.

Andy travelled to Manchester by train, carrying all of his bike gear to take part in the off-road assessment on a cold and miserable rainy day in February. 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 putting Andy through all of the standard off-road aspects of the standard CBT, 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, but 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 instructor both recommended that Andy should be granted a provisional licence so that he could take a formal CBT and progress through training and tests. I also submitted video and photographic evidence from the assessment, but the DMG doctor persisted in requesting a car-based assessment.

I then argued the case that the hazard perception and avoidance necessary when riding a motorcycle are markedly different from when driving a car, as indeed are the fields of vision.

Following a case conference the DMG agreed to instruct me to carry-out a full formal assessment including a full CBT course and 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.

Consequently Andy once again had to make the long trip to Manchester and on April 7^th 2016 and we put him through a full day of CBT and rigorous assessment, both on and off road. Once again Andy acquitted himself admirably.

I submitted a comprehensive assessment report and a CBT Completion Certificate on April 15^th and within a few days Andy was granted an unrestricted provisional licence so that he could practice and progress to taking his test.

On 22^nd July 2016, Andy passed his Direct Access test and is now the very proud owner of a full and unrestricted Category A motorcycle licence.

On 30^th July 2016, Andy became the proud owner of a Kawasaki Versys 650. 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!”

Hopefully this case will serve as a reminder to those in authority, that people should be judged on their actual abilities rather than their perceived disabilities!

Rick Hulse
NABD Chairman

In the 9-years since I wrote this article, Andy has enjoyed many miles in the saddle. He went on to complete an Advanced Rider course with the IAM RoadSmart and he’s had a few nice bikes since too, including a Triumph Street Twin 900, a BMW G310GS and a BMW R1300. In the summer of 2025, he got a bit banged-up in an RTA when, somewhat ironically, a car driver didn’t see him! Currently he is enjoying a very nice Suzuki V-Strom 1050.