Standards for driving assessments and vehicle modifications

 
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Standards for driving assessments and vehicle modifications
Standards for driving
             assessments and
             vehicle modifications

             This standard applies to occupational therapists
             holding a practising certificate in New Zealand, and who
             provide driving and vehicle modification assessments.

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March 2022
Standard: driving assessments and
                                                                 vehicle modifications

1. Introduction                                     strategies. Concurrently, specialist
                                                    occupational therapy driving assessors may
                                                    also engage in passenger transport
Driving is considered an instrumental activity
                                                    mobility for children and adults with
of daily living (IADL). It involves a complex
                                                    cognitive or locomotor injury or disability
collaboration of motor perceptual, sensory
                                                    (Di Stefano, Stuckey, Kinsman &
and cognitive skills. For the driving task,
                                                    Lavender, 2019). Occupational therapists
individuals must simultaneously interact with
                                                    provide overview and support in design and
the motor vehicle and the external
                                                    project management for travelling safely
environment (Fields & Unsworth, 2017;
                                                    as a passenger in a vehicle. Advice may
Patomella & Bundy 2015).
                                                    involve basic assistive devices or complex
                                                    vehicle modifications and adaptations. An
Determining the safety of drivers requires a
                                                    awareness and knowledge of the Ministry of
comprehensive understanding of driving as an
                                                    Transport: Land Transport Vehicle
occupation and knowledge of the range of
                                                    Compliance Rule: Low Volume Vehicle
legal implications including the Land Transport
                                                    Standard 45-60 and Low Volume Vehicle
Act (1998) Section 18 and the Land Transport
                                                    Standard 45-30 supports and guides this
(Driver Licensing) Rule 1999, Part 7, Part 9,
                                                    process.
and Part 13. Waka Kotahi, the New Zealand
Transport Agency, enacts the driver licence
                                                    Occupational therapists are aware of the
process and acknowledges the role of
                                                    high priority individuals give to their driving
occupational therapists as specialists who
                                                    independence and of the associated
undertake medical fitness to drive
                                                    complexity in determining fitness to drive
assessments.
                                                    (Yuen & Burik, 2011). The severity of a
                                                    serious adverse event occurring during the
2. Scope                                            task of driving or when travelling as a
                                                    passenger in a vehicle is potentially high
This standard applies to occupational               and holds inherent risks to the safety of the
therapists who have a practising certificate in     individual and the general public.
New Zealand and who provide driving,
passenger and vehicle modification                  The Occupational Therapy Board of New
assessments.                                        Zealand (OTBNZ) has developed these
                                                    standards as an adjunct to the
The objective of occupational therapy               Competencies for Registration and
engagement for the driving role is to               Continuing Practice as part of its role to
determine whether a person has the                  assure the public will receive a safe,
necessary skills required to commence,              competent occupational therapy service.
continue, or return to safe and independent
driving.                                            Standards can be legally enforceable and
                                                    used as a benchmark for reviews of
The aim of driver rehabilitation is to facilitate   competence and conduct by the OTBNZ
or enhance safe and independent driving,            or the Health and Disability
including the provision of adaptive driving         Commissioner if necessary. Other
equipment and teaching of compensatory              standards which are also applied are the

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Standards: driving assessments and
                                                                vehicle modifications

OTBNZ Code of Ethics and the Health and            provide clear written information to the
Disability Commissioner (Code of Health and        client. This should be provided prior to pro-
Disability Services Consumers’ Rights)             viding service wherever practicable. Infor-
Regulations 1996.                                  mation provided must:

OTBNZ also seeks to honour Te Tiriti o Waitangi    a. State the purpose of assessment, the
in its regulatory activity and expects all         process, type and duration of assessments
occupational therapists to understand and work     undertaken, and how the results will be
with Te Tiriti as an overarching guide for         communicated. This must include
practice. It is anticipated that these standards   information about off and on road
will be reflected and supported by the             assessments.
organisation’s policies and procedures.
                                                   b. Provide client specific information
                                                   regarding the service’s assessment
3. New Zealand law                                 components and processes.

The references below are provided as an            c. Provide information about the cost of
indication that other legislation may relate to    the assessment with responsibility for
the work of practitioners in this area.            payment clearly explained. Provision
                                                   of a written quote, cost invoice and
•   Consumer Guarantees Act, 1993, Part 4          receipt must be provided. Fees and fee
    Supply of Services                             structures must be responsive to clause
•   Land Transport (Driver Licensing) Rule         2.2 in the OTBNZ Code of Ethics.
    1999, Part 7, Part 9 and Part 13
•   Medical Aspects of Fitness to Drive: A Guide   d. Practitioners must be clear about their
    for Health Practitioners                       role in respect to advice where clients are
•   Fair Trading Act, 1986, Part 2 Consumer        purchasing a vehicle and/or adaptive
    Information Standards                          equipment from a third party.
•   Health Practitioners Competence Assurance
    Act 2003                                       e. Where appropriate, provide information
•   Health and Disability Commissioner             for clients to make them aware of their
    (Code of Health and Disability Services        options for a second opinion, reassessment,
    Consumers’ Rights) Regulations 1996            and complaint processes.
•   Health and Safety at Work Act 2015
•   Land Transport Act 1998 – Section 18,          4.2 Assessments are collaborative and
    Section 19, Section 106; Land Transport        proactive. Communication occurs with
    Amendment Act 2017                             referrers and / or may include the Waka
•   Ministry of Transport: Land Transport          Kotahi Medical Review Section, ACC, other
    Vehicle Compliance Rule: Low Volume            health professionals, and/or insurers.
    Vehicle Standard 45-60 and Low Volume          Driving instructors, vehicle modification
    Vehicle Standard 45-30                         engineers, technicians and/or sales
•   Vulnerable Children Act 2014                   representatives may also be involved.
•   Privacy Act 2020.
                                                   4.3 Informed consent1 must be obtained in
                                                   conjunction with information contained
                                                   within clauses 4.1 and 4.2 will include:
4. Overview
                                                   a. The collection of personal information.
4.1 Occupational therapists involved in driving,   1 Informed consent is defined in Right 7 of the code of
passenger and vehicle assessment must              health and disability service user’s rights: Right to make an
    PAGE 3                                         informed choice and give informed consent.
Standards: driving assessments
                                                                  and vehicle modifications

                                                      5.1 Off-road assessment
Privacy statements with clear information and         The off-road clinical assessment involves
details for the sharing and disclosure of             the following:
findings and advisory recommendations of
assessment.                                           5.1.1. Medical fitness
                                                      Referral to assessment services should
b. Outcome and recommendations that must              include medical history in order for the
be communicated to the clients’ general               assessor to identify signs and symptoms of
practitioner. It should be made clear to the          pathology, contraindications and
client which, and why, agencies will receive the      precautions for driving. Any condition/s
results of the assessment.                            likely to impact safe driving capacity or
                                                      travelling as a passenger is
c. Any statutory requirements to inform Waka          comprehensively and appropriately
Kotahi NZTA or other parties about the                evaluated during the screening, interview
outcome of the assessment.                            and assessment process.

Particular attention should be made to                Occupational therapists will review
ensure appropriate informed consent for clients       referals received and determine suitability
with any cognitive impairment.                        of a client including ethical responsibilities
                                                      and considerations before accepting or
4.4 It is essential that practitioners maintain       providing a service. When medical
records of the complete process and interactions      information is not provided at the time of
with the client. Information that is not              referral, the occupational therapist will
completed at the time or a short time after the       make reasonable efforts to obtain this
service should be recorded as such.                   information.

a. Driver’s licence recommendations will be spe-      5.1.2 Occupational therapists will
cific, reasonable and enforceable. Consideration      consider any condition/s likely to impact
will be given to reassessment of driving over a       safe driving capacity or travelling as a
set period based on the clinical judgement of the     passenger is comprehensively and
assessor.                                             appropriately evaluated during the
                                                      screening, interview and assessment
b. It is essential that practitioners maintain re-    process.
cords of the complete process and interactions
with the client. Information that is not complet-     5.1.3 Occupational therapists will complete
ed at the time or a short time after the service      assessments with regard to the medical
should not be recorded as such.                       policies and standards contained in the
                                                      Waka Kotahi NZ Transport Agency
                                                      document: Medical aspects of fitness
5. Assessment Framework                               to drive: A guide for health practitioners.

There is a wide range of potential deficits sub-      5.2 On-road practical drive
sequent to illness, injury or disability which may    A valid driver’s licence is essential for
compromise driving safety. Occupational               legally driving on New Zealand roads.
therapists use a client-centred approach and are      Findings from the off-road assessment
required to evaluate and render an opinion on         should support progression to on-road
driving safety or potential, including prescription   driving. If the practical drive is
of vehicle modification. The following factors        contraindicated by findings from the off-
determine appropriate assessment protocols:           road in-clinic assessment, then the client
                                                      can reserve the right to proceed to an on-
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Standards: driving assessments
                                                                 and vehicle modifications

road assessment, provided that this may be          ting adaptive equipment.
done in a safe and controlled environment.
                                                    5.3.2 The occupational therapist is
5.2.1. A suitably qualified driving instructor is   responsible for ensuring whānau/carers
included in on-road assessments when                can safely use all equipment provided,
appropriate. The driving instructor is briefed by   ensuring ongoing safety of the passenger.
the occupational therapist prior to
commencement and an appropriate route is            5.4 Where modifications to the vehicle are
chosen based on findings from off-road              required the occupational therapist will
assessment and the client’s usual driving           complete an on-road assessment in a mod-
practice. The practitioner and the driving          ified vehicle enabling the driver to trial the
instructor share responsibility for safety during   prescribed equipment. Where this is not
the assessment and should ensure that they          practically possible the occupational ther-
have overlapping policies and procedures for        apist will provide sound clinical reasoning
managing any identified risk prior to the           to justify recommendeding vehicle modifi-
on-road assessment commencing. Both the             cations without prior on road assessment.
driving instructor and the occupational             The occupational therapist will provide
therapist have responsibility to end the            recommendations regarding driver rehabil-
assessment where an immediate risk of harm          itation. Reassessment to confirm the client
to the occupants or public is identified.           has demonstrated a safe level of driving
                                                    will be conducted when appropriate.
5.2.2. The occupational therapy service must
have written protocols regarding the use of         5.4.1. The occupational therapy service
an assessment vehicle for the purposes of an        must have written protocols regarding
on-road practical drive or whether the client’s     driver rehabilitation. The aims and purpos-
own vehicle can be used. A dual control vehicle     es should be set by the occupational ther-
should be used where indicated by the off-road      apist with regular progress updates from
and risk assessment. Vehicles must have a 		        the driving Instructor to enable timely
current warrant of fitness and registration,        reassessment.
have operating seat belts for the driver and
passengers and display appropriate licence
plates. This information needs to be provided       6. Education and qualifications to
to the client prior to any assessment taking        conduct assessments
place.
                                                    OTBNZ recognises there is no formal
5.3 Passenger assessment                            educational programme in New Zealand
Passenger assessments need to include the           which qualifies occupational therapists to
following:                                          conduct medical driving, passenger or
                                                    vehicle modification assessments. Instead
5.3.1 The occupational therapist has                a range of pathways for occupational
responsibility for ensuring wheelchair securing     therapists who conduct driving,
and access equipment meets present clinical         passenger and modification assessment
requirements and all legal and safety               currently exist.
regulations. Consideration should be given to
the future needs of the client to ensure the        6.1. Learning through supervision and
equipment provided meets long term needs            mentoring from an experienced
wherever possible. This may require liaison         occupational therapy driving assessor.
with the clients wheelchair and seating             Driving assessors will have engaged in
therapist and the engineer responsible for fit-     continuing professional development such

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Standards: driving assessments
                                                                  and vehicle modifications

as attendance at driving assessment             7.2 The practitioner’s ePortfolio should reflect
conferences, designated courses,                appropriate levels of professional
submissions to professional publications,       development related to driving assessment as
and engagement in driving assessment            part of every two year cycle.
forums. Experienced occupational
therapists are expected to evidence             7.3 The requirement to hold professional
continued professional development and          indemnity insurance must be considered by
ongoing learning in their OTBNZ ePortfolio.     the practitioner.

6.2 International study must be applicable      7.4 Occupational therapists must have
for driving, passenger and vehicle              ongoing professional engagement with the
modification competency relevant to the         occupational therapy profession and
New Zealand context, including legislation,     demonstrate current evidence-based best
funding bodies and government. A                practice relating to driving assessment in
period of supervision and mentoring from        New Zealand. Belonging to a professional
an experienced driving assessor is required     association may be advantageous.
to adapt international training to the New
Zealand context appropriately. Adaption         8. Resources
of international training and assessment
processes needs to incorporate and align        8.1 Additional information about providing
with the Competencies for Registration and      specialised services as an occupational
Continuing Practice for occupational            therapist can be found in the OTBNZ Position
therapists.                                     Statement: Practice Boundaries for
                                                Occupational Therapists and Practice
6.3 Some organisations and agencies             Boundaries for Occupational Therapists: A
offer                                           Guide for Practitioners.
credentialing for practitioners. It is the
practitioners’ responsibility to identify the
credentialing required for the scope of
                                                Related resources
their role.
                                                Accident Rehabilitation and Compensation
                                                Insurance Act 1992; The Accident
6.4 It is expected that driving assessors
                                                Compensation Act 2001; Injury
will be familiar with the New Zealand road
                                                Prevention, Rehabilitation and
code and have held a full class 1 licence for
                                                Compensation Amendment Act (No 2) 2008;
at least two years.
                                                The Accident Compensation
                                                Amendment Act 2010
7. Professional responsibilities
                                                American Occupational Therapy
7.1. To ensure ongoing competence occu-         Association (AOTA) Evidence Based
pational therapists must have appropriate       Consensus Statements for Driving and Com-
supervision. Best practice will involve regu-   munity Mobility (2016)
lar formal supervision from an occupational
therapist who is an experienced driving         Canadian Association of Occupational Thera-
assessor or has active engagement with          pists (CAOT) Position Statement
ongoing professional development related        Occupational Therapy and Driver
to driving, passenger and / or vehicle          Rehabilitation (2009)
modification assessment.

   PAGE 6
Health and Disability Commissioner: The       Patomella, A.-H., & Bundy, A. (2015).
Code of Health and Disability Services Con-   P-Drive:
sumers Rights                                 Implementing an assessment of on-
                                              road driving in clinical settings and
Ministry of Transport: Land Transport         investigating its internal and predic-
Vehicle Compliance Rule: Low Volume           tive
Vehicle Standard 45-60 and Low Volume         validity. American Journal of Occupa-
Vehicle Standard 45-30. Low Volume            tional Therapy, 69, 6904290010. http://
Vehicle Technical Association (LVVTA          dx.doi.org/10.5014/ajot.2015.015131
Certification)
                                              Yuen, H. K., & Burik, J. K. (2011). Brief
Occupational Therapy Australia (OTA):         Report-
Position Paper: Occupational therapy in       Survey of driving evaluation and
driver assessment and rehabilitation (2015)   rehabilitation curricula in occupation-
                                              al therapy programs. American Journal
Occupational Therapy Australia (OTA): Aus-    of
tralian Competency Standards for Occupa-      Occupational Therapy, 65,217-220. doi:
tional Therapy Driver Assessors (2018)        10.5014/ajot.2011.000810

Occupational Therapy Board of New
Zealand: Code of Ethics for Occupational
Therapists (2015); Competencies for
Registration and Continuing Practice
(2015).

Vulnerable Children Act, 2014

References
Di Stefano, M., Stuckey, R., Kinsman, N.
(2019).
Understanding characteristics and
experiences of drivers using vehicle
modifications. American
Journal of Occupational Therapy.
3(1):7301205050p1-7301205050p9. doi:
10.5014/ajot.2019.023721

Fields, S., & Unsworth, C (2017). Revision
of the Competency Standards for Oc-
cupational Therapy Driver Assessors:
An overview of the evidence for the
inclusion of cognitive and perceptual
assessments within fitness-to-drive
evaluations. Australian
Occupational Therapy Journal 64, 328–339
doi: 10.1111/1440-1630.12379
                                                        Standard approved by the Occupational
                                                    Therapy Board of New Zealand 15 June 2021

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