Exceptions to Driving Regulations and the Use of Bioptic Telescopic Systems
Societal and Legal Consequences of Driving Restrictions
- Imposing restrictions on the privilege of driving carries significant personal and social consequences for individuals, including:
- Impact on self-esteem and financial security.
- General reduction in quality-of-life due to dependence on others for travel to employment or social engagements.
- Requirement to live in close proximity to public transport networks.
- Administrative difficulties, such as having no valid identification for opening bank accounts.
- Legal and ethical considerations prevent authorities from withholding the driving privilege needlessly:
- Regulations are subject to legal challenges based on Human Rights and disability discrimination laws.
- There is a historical precedent for the use of assistive technology in managing disabilities, such as prosthetic limbs personally or modified vehicle controls.
Exceptional Cases and Regulation Relaxation for Visual Field Defects
- European law provides a framework for drivers with visual fields that do NOT meet the standard to be considered as "exceptional cases."
- The United Kingdom's interpretation of these exceptional cases applies IF:
- The condition is static (specifically neurological rather than ocular in nature).
- The individual is well-adapted, defined by a duration of the condition greater than 1year.
- The individual undergoes a special test of ability to see and drive at an assessment centre.
- In 2001 and 2002, the DVLA (Driver and Vehicle Licensing Agency) reviewed cases of individuals who had previously lost their licences due to visual field defects:
- A "trawl" of records led to 3165 individuals being invited to re-apply.
- 1173 re-applications were submitted.
- 848 individuals were successfully licenced.
- Success rates included 70% of those with central vision loss and 73% of those with non-progressive (peripheral) vision loss.
- This safety consideration was later extended to:
- Individuals with presumed congenital loss of visual field.
- Recently, treated diabetics who have undergone pan-retinal laser treatment.
Introduction to Bioptic Telescopic Systems
- Bioptic systems address the question of whether patients with poor corrected acuity (visually impaired) can drive cars.
- Definition: A bioptic is a telescopic magnification device mounted on a "carrier lens" to increase visual acuity.
- The telescope is mounted as a "bioptic" because a standard telescope restricts the field of view too severely for constant use.
- Historical Background: Invented by William Feinbloom and first used for driving in California, USA, during the 1970s.
- Physical Placement: Typically mounted above the driver's normal line of sight.
Usage Patterns and Practical Application of Bioptics
- Drivers do NOT view through the telescopic lens at all times.
- Unaided Vision (90−95% of the time): The driver uses their carrier lens/unaided vision for:
- Steering and maintaining correct distances from parked cars.
- Keeping appropriate following distance from the vehicle in front.
- Remaining alert for pedestrians stepping off pavements.
- Watching for other vehicles approaching crossroads.
- Bioptic Vision (5−10% of the time): The driver views through the telescope for:
- Occasionally scanning the road ahead using a "U" movement.
- Brief "in and out" checks lasting 0.5−1.0second to identify details at a greater distance than possible unaided.
- Obtaining details from road signs or checking for freeway exits.
- Seeing traffic lights from a greater distance.
- Following signals from a person directing traffic.
- Modern Context: The functional need for bioptics for navigation has become less convincing with the common usage of sat-navs.
Regulatory Standards and Bioptic Licensing in the United States
- Bioptics are permitted in approximately 36 states in the USA, with a gradual increase in acceptance since the 1970s.
- Example Standard (Kentucky):
- Acuity of 6/18 required through the telescope (the standard visual requirement for the state).
- Acuity of 6/60 required through the carrier lens.
- Note: Some states allow bioptics for general driving but do not permit them to be used during the initial driving test.
- Limited Licences: Depending on the state, restrictive conditions may be applied, such as:
- Daytime only driving (only 11 states allow night-time bioptic driving; states like Virginia may assess for night driving after a 1-year daytime-only period).
- Weather restrictions (e.g., "not when headlights are necessary").
- Speed limits (e.g., less than 45mph).
- Prohibitions on motorway or inter-state driving.
- Limited geographic radius from home.
- Requirement to have a passenger present.
Safety Data and the California Study (1996)
- A study by Clarke (1996) examined Californian bioptic drivers:
- The total accident rate, adjusted for age and gender, was 2.2× that of the control group.
- The citation (traffic violation) rate was lower than the control group at 0.7×.
- Observation: While bioptic users tend to be careful and slower drivers, this behavior does not fully compensate for the increased accident risk.
- Discrepancy: Only 35% of the study participants had daytime-only restrictions on their licences, which contradicted official guidelines.
Bioptic Implementation in the Netherlands
- A pilot project was conceived in 2004 to provide evidence to the government that visually impaired persons could be trained for satisfactory on-road performance.
- Target: Demonstrate viability using 8 to 10 successful drivers (referencing studies by Kooijman et al., 2008 and Melis-Dankers et al., 2008).
- Conclusion: safe and smooth bioptic driving is possible on an individual basis in Dutch traffic, and potentially within the EU, following careful selection and training.
- Current Regulations in the Netherlands (as of April 2009):
- Bioptic driving allowed for Visual Acuity (VA) between 6/37.5 and 6/12.
- Implementation of the "AutO-Mobility" rehabilitation programme involving diverse professionals.
- Since September 2010, the programme is nationally available via 12 centres.
Implications for the United Kingdom
- Reciprocity for Foreign Licences:
- US bioptic drivers can drive legally in the UK on an overseas licence for 12months.
- EU bioptic drivers: If visiting, they can drive on an EU licence. If resident, they can drive until age 70 or for 3years after arrival. To continue thereafter, they must obtain a UK licence.
- Current UK Considerations: There is a question regarding whether a UK driver could travel to the Netherlands to be fitted and trained. However, a driver arriving in the UK must generally be resident for at least 6months before they are eligible to take a driving test.