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Medical aspects of fitness to drive – A guide for health practitioners

This guide is to assist health practitioners in assessing the fitness to drive of any individual. It also sets out the responsibilities and obligations of health practitioners.

Appendix 1

Section 18 of the Land Transport Act 1998

Doctors and optometrists to give the Agency medical reports of persons unfit to drive.

1. This section applies if a registered medical practitioner or registered optometrist, who has attended or been consulted in respect of a driver licence holder, considers that:

  • a. the mental or physical condition of the licence holder is such that, in the interests of public safety, the licence holder:
    • i. should not be permitted to drive motor vehicles of a specified class or classes, or
    • ii. should only be permitted to drive motor vehicles subject to such limitations as may be warranted by the mental or physical condition of the licence holder, and
  • b. the licence holder is likely to drive a motor vehicle.

2. If this section applies, the registered medical practitioner or registered optometrist must as soon as practicable give the Agency written notice of the opinion under subsection 1(a) and the grounds on which it is based.

3. A registered medical practitioner or registered optometrist who gives a notice under subsection 2 in good faith is not liable to civil or professional liability because of any disclosure of personal medical information in that notice.

4. Nothing in section 32 or section 33 of the Evidence Amendment Act (No 2) 1980 applies to a notice given under this section.

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