NHRC issues recommendation to the National Police Agency to reform the driver license issuance system for disabled persons; NPA commissions study
The National Human Rights Commission (NHRC) found that “restricting issuance of a driver license for reason of disability is a discriminatory act infringing the right to equality” and issued a recommendation to the Korean National Police Agency (NPA) to reform the system for issuing disabled persons driver licenses. The decision follows 5 cases filed from the beginning of July 2002 against the NPA Chief by Mr. Ahn (age 24) and four other disabled persons who failed the driver license aptitude test for reason of physical disability.
The NHRC written decision also pointed out that “despite the development, with the technological advances of contemporary times, of devices that compensate for a disabled person’s weaknesses, Appendices 13-3 and 13-5 of the Enforcement Regulations of the Road Traffic Act continues to restrict, without any exceptions, issuance of a driver license for the sole reason of physical disability.”
The NHRC investigation found that petitioners Chee and Ahn were completely denied issuance of First-class large-vehicle driver licenses for reason of physical disability even though Chee (age 51) already possessed a First-class driver license (condition: automatic transmission) as a person with a Level 3 mental disability, and Ahn already possessed both First-class and Second-class driver licenses as a person with a Level 3 mental disability from brain paralysis(뇌병변). Independently, a different petitioner Ahn (age 29), having a Level 1 disability owing to brain paralysis, petitioner Kim (age 27), having a Level 2:2 disability from cerebral palsy, and petitioner Yu (age 27), having a Level 1 disability owing to brain paralysis, all underwent the aptitude test at the same driver license testing center in order to be issued Second-class driver licenses; yet, all were found ineligible and thus unable to take the actual drive test.
In the related provisions of the Enforcement Regulations of the Road Traffic Act, articles 25:2 and 34: 2, Appendix 13-3 (scope of driver license according to disability and conditional criteria) stipulates that except for disabled persons missing two fingers (excluding the thumb) or persons with a functionally-equivalent disability, persons with a disability affecting the hand, arm or leg are not to be issued a First-class, large-vehicle driver license. Additionally, Appendix 13-5 (criteria for measurement of physical ability), relating to article 25: 6, stipulates that only persons able to continuously exert 4.8 kg of force for a full 24 seconds can be given enough points to pass the steering wheel aptitude test.
After a process including NHRC discussions on this issue, the NHRC concluded that “disabled persons capable of driving manual transmission vehicles could be excessively restricted from acquiring driver licenses because the provisions contained in Appendix 13-3 stipulate that only disabled persons missing two fingers (excluding the thumb) or those with a functionally-equivalent disability are permitted to be issued First-class large-vehicle driver licenses, and disabled persons with a different form of disability of the hand, arm or leg are refused issuance of First-class, large-vehicle driver licenses or are permitted to drive only automatic transmission vehicles.”
Additionally, relating to the Appendix 13-5 provisions pertaining to the steering wheel aptitude test criteria that disabled persons be physically able to directly exert a force of 4.8 kg continuously for 24 seconds after having turned a steering wheel 580 degrees within 2.5 seconds, the NHRC stated that: “it is somewhat irrational in situating physical strength—with no exception—as the critical variable for assessing driving capability because, with the growth of the auto industry, the amount of strength required for handling the steering wheel differs from one car to another and disabled persons can compensate for lack of physical strength with the use of driving-aid devices.”
After the NHRC began its investigation, the NPA commissioned specialists to undertake a scientific study in order to draft policies to reform the current system of driver license issuance to disabled persons.
