Information Sheet 001 - Doctor's Certificates and Exemptions from the Road Rules

Information Sheet 001 - Doctor's Certificates and Exemptions from the Road Rules

Posted by Laura Fletcher | Blog |
August 03, 2017

Specific needs when travelling that may require an exemption from the road rules

In our business, we find that many of our clients have special needs for transport that may require an allowance to how the road rules are applicable in order to be able to travel correctly in the vehicle in a comfortable and safe manner and suit the person’s specific needs.
 
Many people in the industry including drivers, carers, Occupational Therapists, health professionals, are aware that if you obtain a Doctor’s Certificate for the particular condition of the special need, identifying the specific requirement of transport, that you will be able to receive an exemption from the road rules and will not face prosecution from Police / Law Enforcement agencies.
 
However, many people in the industry are not aware that the road rules actually specify the manner in which the Doctor’s Certificate is to be written very clearly.The following is a synopsis from the relevant section of the road rules (Rule 267) on their specific recommendation on how this documentation needs to be written.
 
For your safety and well-being, ensure that the documentation is available at all times when the occupant is in the vehicle to avoid potential issues.
 
RULE 267:(3A)    A person is exempt from wearing a seatbelt if:
 
(a) he or she (or, if he or she is a passenger in or on a vehicle, the vehicle's driver) is carrying a certificate:
      (i)  that is signed by a medical practitioner; and
      (ii)  that states that, in the opinion of the medical practitioner, the person should not wear a seatbelt due to the person's medical condition; and
      (iii)  that displays a date of issue; and
      (iv)  that displays an expiry date that is a date not more than 12 months after the date of issue; and
      (v)  that has not expired; and
(b)  he or she is complying with any conditions stated in the certificate; and
(c)  there is no other law of this jurisdiction that states that this subrule does not apply in this jurisdiction

 

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