Question:
In Short – I am 34 years of age – got my license 15 years ago (at the age of 19) – But I had a stroke in 2017 and damaged my peripheral vision on the left of both eyes.
Went for an extensive eye test – but lost it permanently. For the last 3 years, I have not been driving because apparently legally you must be able to see 115 degrees (both eyes combined) to be able to drive – I can only see 95 degrees.
I have gone to a testing station twice but obviously failed the eye test. I am unable to find work in my field (Representative) due to not being able to drive. Please help.
It’s not that I can’t see – I can! Very well actually (nothing wrong with my eyesight when reading – looking far or close, just the left blank spot) so I went to a testing station in Roodepoort (end of 2017) and was advised to buy a car with blind spot assist – then I will be able to get a specialized license – but others don’t agree and the vehicles with that options are so expensive!. What can I do?
I definitely do not want to be the cause of an accident or even worse- someone’s life, but think if I am extra careful and vigilant of my surroundings, I see no harm. There MUST be a way around my situation!
If that’s what I need to do (buy THAT type of car) – I will. I am in a position to buy a car like that now – but don’t want to do so if I can still not get my license. Please help. Need my independence back! What are my options?
Answer:
Sorry to hear about your situation.
Unfortunately, there is no flexibility in the legislation in this regard as far as the eye requirements are concerned. I copy the legislation for you from the NRTA. See regulation 102 specifically. There is no provision in the legislation that allows a person to be exempt from this provision. It is also not the same as obtaining an aid like glasses or contact lenses.
The only time where a person may be accommodated is to treat the blind spot assist function as a physical aid. I am not aware that it has been considered as such. It normally applies to a person who requires an artificial limb to drive or to adapted vehicles for paraplegic drivers.
The endorsement – driving only with a vehicle with blind spot assist has so far not been part of any range of endorsements I am personally aware of, but theoretically I think it could be used. It would be similar to a specially adapted vehicle.
You would need to contact the Department of Transport to assist with something like that.
Sec 15. Disqualification from obtaining or holding learner’s or driving licence
(1) A person shall be disqualified from obtaining or holding a learner’s or driving licence—
(a) if he or she—
(i) in the case of any licence for a motor cycle, motor tricycle or motor quadrucycle having an engine with a cylinder capacity not exceeding 125 cubic centimetres or which is propelled by electrical power or which is a vehicle as contemplated in paragraph (b) of the definition of “motor vehicle”, is under the age of 16 years;
(ii) in the case of a learner’s licence for a light motor vehicle, being a motor vehicle not of a class referred to in subparagraph (i) and the tare of which does not exceed 3 500 kilograms or, where such motor vehicle is—
(aa) a bus or goods vehicle, the gross vehicle mass of which does not exceed 3 500 kilograms;
(bb) an articulated motor vehicle, the gross combination mass of which does not exceed 3 500 kilograms,
is under the age of 17 years; or
(iii) in the case of any other licence, is under the age of 18 years;
(b) during any period in respect of which he or she has been declared by a competent court or authority to be disqualified from obtaining or holding a licence to drive a motor vehicle, while such disqualification remains in force;
(c) where a licence to drive a motor vehicle held by him or her has been suspended by a competent court or authority, while such suspension remains in force;
(d) where a licence to drive a motor vehicle held by him or her has been cancelled by a competent court or authority, for such period as he or she may not apply for a licence;
(e) if such licence relates to a class of motor vehicle which he or she may already drive under a licence held by him or her;
(f) if he or she is suffering from one of the following diseases or disabilities:
(i) Uncontrolled epilepsy;
(ii) sudden attacks of disabling giddiness or fainting due to hypertension or any other cause;
(iii) any form of mental illness to such an extent that it is necessary that he or she be detained, supervised, controlled and treated as a patient in terms of the Mental Health Act, 1973 (Act No. 18 of 1973);
(iv) any condition causing muscular incoordination;
(v) uncontrolled diabetes mellitus;
(vi) defective vision ascertained in accordance with a prescribed standard;
(vii) any other disease or physical defect which is likely to render him or her incapable of effectively driving and controlling a motor vehicle of the class to which such licence relates without endangering the safety of the public: Provided that deafness shall not of itself be deemed to be such a defect;
(g) if he or she is addicted to the use of any drug having a narcotic effect or the excessive use of intoxicating liquor; or
(h) in such other circumstance as may be prescribed, either generally or in respect of a particular class of learner’s or driving licence.
(2) The chief executive officer concerned may, if he or she deems it expedient and on such conditions as he or she may deem fit, declare that any person shall no longer be subject to any disqualification, suspension or cancellation by a competent authority referred to in subsection (1) (b), (c) or (d), respectively: Provided that in the case of any cancellation such declaration shall be subject to section 25 (9).
Reg 102. Defective vision disqualifying person from obtaining or holding licence
(1) A person shall be disqualified from obtaining or holding a learner’s or driving licence unless—
(a) in the case of an application for a learner’s or driving licence relating to the codes A1, A, B or EB, such person has—
(i) according to the Snellen rating a minimum visual acuity, with or without refractive correction, of 6/12 (20/40) for each eye, or where the visual acuity of one eye is less than 6/12 (20/40) or where one eye of the person concerned is blind, a minimum visual acuity for the other eye of 6/9 (20/30); and
(ii) a minimum visual field of 70 degrees temporal, with or without refractive correction, in respect of each eye, or where the minimum visual field in respect of one eye is less than 70 degrees temporal, or where one eye is blind, a minimum total horizontal visual field of at least 115 degrees with or without refractive correction; or
(b) in the case of an application for a learner’s or driving licence relating to the codes C1, C, EC1 and EC, such person has—
(i) according to the Snellen rating a minimum visual acuity, with or without refractive correction, of 6/9 (20/30) for each eye; and
(ii) a minimum visual field of 70 degrees temporal in respect of each eye, with or without refractive correction.
(2) (a) A person who is disqualified in terms of subregulation (1) may at such person’s expense approach a registered optometrist or ophthalmologist to test such person’s eyes in terms of the standards referred to in subregulation (1), and the result of such test shall, if it duly reflects the visual acuity of such person according to the Snellen rating, and his or her field of vision expressed in degrees, as contemplated in subregulation (1), be accepted by the driving licence testing centre.
(b) If the result contemplated in paragraph (a) indicates that the person concerned is disqualified as contemplated in subregulation (1), the driving licence testing centre shall not issue such person with a learner’s or driving licence with a code to which the application of that person relates.
Sec 16. Failure to disclose disqualification in respect of licence authorising driving of motor vehicle prohibited
(1) No person shall, when applying for a learner’s or driving licence, wilfully fail to disclose any disqualification to which he or she is subject in terms of section 15.
(2) Any person who—
(a) is the holder of a licence authorising the driving of a motor vehicle in terms of this Chapter; and
(b) becomes aware thereof that he or she is disqualified from holding such licence,
shall, within a period of 21 days after having so become aware of the disqualification, submit the licence or, in the case where it is contained in an identity document, that document to the chief executive officer of the province concerned.
(3) When a licence is submitted in terms of subsection (2) the chief executive officer shall cancel it and if the licence was issued in a prescribed territory he or she shall notify the authority which issued it of the cancellation: Provided that if the chief executive officer is satisfied that the holder thereof is competent to drive the class of motor vehicle concerned with the aid of glasses, an artificial limb or any other physical aid, the chief executive officer shall, in the case where the licence—
(a) is contained in an identity document—
(i) not cancel the licence, but endorse the licence accor-dingly and such endorsement shall be a condition subject to which the licence is held;
(ii) return the identity document to the holder thereof; or
(b) is not contained in an identity document, issue or authorise the issue of a new licence in the prescribed manner reflecting the conditions on which it is issued.
Sec 18. Application for and issue of driving licence
(1) Subject to section 24, the holder of a learner’s licence who desires to obtain a driving licence shall apply in the prescribed manner to an appropriately graded driving licence testing centre for a licence to drive a motor vehicle of a class the driving of which is authorised by his or her learner’s licence.
(2) Upon receipt of an application in terms of subsection (1), the driving licence testing centre concerned shall, if it is satisfied from the information furnished in the application or from such further information as such centre may reasonably request, that the applicant is not disqualified from obtaining a driving licence, determine a day on and time at which the applicant shall present himself or herself to be examined by an examiner for driving licences in the manner and in respect of the matters as prescribed, and for such purpose the applicant shall supply a motor vehicle of the class to which his or her application relates.
(3) An examiner for driving licences shall test an applicant for a driving licence in the manner and in respect of the matters as prescribed.
(4) If an examiner for driving licences has satisfied himself or herself in terms of subsection (3) that an applicant for a driving licence is competent, to drive a motor vehicle of the class to which such applicant’s application relates, the examiner shall issue, or authorise a person employed by the driving licence testing centre concerned to issue, a driving licence in the prescribed manner to such applicant in respect of that class of motor vehicle, and the examiner or the said authorised person shall—
(a) in the case where the applicant has in terms of subsection (2) provided a motor vehicle equipped with an automatic transmission or the motor vehicle is electrically powered, endorse the driving licence to the effect that authorisation is granted only for the driving of a motor vehicle equipped with an automatic transmission or which is electrically powered, as the case may be;
(b) in the case where the applicant is found to be competent to drive with the aid of spectacles or contact lenses, an artificial limb or other physical aid, endorse the licence accordingly; and
(c) in the case where the applicant is a physically disabled person who has to drive a vehicle adapted for physically disabled persons, or a vehicle adapted specifically for that physically disabled applicant, endorse the licence accordingly.
[This is a stretch and I do not believe there are any guarantees of success, but you could try. Are you aware of other persons with the same problem? It is generally easier to motivate changes in current legislation and procedures if you are not a complete exception and it would benefit a group of people. Alta Swanepoel]
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