Janice Budd's story spotlights discrimination by Traffic Authority

with Clare Forrester

Wednesday, February 15, 2012

JANICE Budd deserves congratulations for her front-page story in the Sunday Observer of February 5 , "You? Drive? Hell No!" The story chronicles a classic case of discrimination against people with a physical disability. I was astonished to hear that this could happen in Jamaica in 2012. At best it indicates a misinterpretation of the law, at worst, ignorance of the law by those who should know better.

The story chronicles the case of a hard-working and enterprising resident of St James, Gausia Burchell, who suffered a back injury, resulting in paralysis in both legs several years ago while working in the United States. By dint of extraordinary determination, he regained sufficient life in both legs and was eventually able to abandon his wheelchair for crutches. Anyone who has worked with physically challenged people will have an idea what an achievement this must have been.

Determined to be independent, Mr Burchell acquired a car modified with the necessary hand controls. I suppose having lived in the United States for some time, he believed that as long as someone had the means, they would never be prevented from owning and driving a car. He was shocked to discover that Jamaica was different when he visited the Montego Bay Depot to do a driver's licence examination. Having mastered the challenge of negotiating the steps of the testing facility on crutches - a place, we learned, that was devoid of any access for the disabled - he was told by the chief examiner that because he had a "walking disability" the law said he could not take the test. What nonsense!

Not believing Janice Budd's story to be accurate, I tried unsuccessfully to reach the reporter, a step I would have preferred before talking to the folks at the Island Traffic Authority. Having failed in my attempt at the former, I contacted the authority by telephone and spoke to someone who identified himself as the director. To my complete astonishment, he confirmed everything in the Observer story, insisting that their refusal of Mr Burchell's application for the test was fully supported by the law.

When I informed him that I know of several people with limited or no movement in their legs (or no legs at all) who had acquired a driver's licence, one of whom is my own brother, who got his 45 years ago, he was unimpressed. He argued that those stories suggest only that the law was then not adhered to. My friend, the late Foggy Burrowes, and other outstanding Jamaicans like the late Professor KD Edwards, both of whom were physically challenged, not to mention the late great advocate in the cause of the physically disabled community, Sir John Golding, must all be turning in their graves.

It made no difference when I told him that in most of the cases that I am familiar with, the motor vehicle examination was effected under the supervision of either the chief, or the most senior examiner available at the time. Nor was he moved by the knowledge that the companies which provided insurance coverage for the vehicles were unlikely to have been in collusion with such a lawless practice.

As incredible as it seems, the only explanation I could conceive for the director's obstinacy is that his department has not kept pace with amendments to the relevant sections of the law which allow for paraplegics and other people with a physical challenge that does not prevent them from operating a car safely, to get a driver's licence.

In attempting to defend his position, he quoted the same section of the law (Sections 18 and 20) as reported in the Observer story. Interestingly, those sections describe the circumstances under which an applicant with a physical disability can be refused a test, not that they can't get one. The same section stipulates that such a person must produce a certificate from a registered medical practitioner.

Granted that common sense is not as common as one would hope, it seems to me that if the regulation outlines the circumstances under which people without the use of their legs, on applying for a licence may be refused, then logically, this provision also suggests that their application could also be successful. More significantly, those sections were written many years ago and I am reliably informed by people in the Combined Disability Association (CDA), some of whom have been driving for years, that there have since been several amendments, as recently as October 2011, in keeping with global trends and standards. I gather that the most recent amendment relates to a provision that allows people with a hearing impairment to be tested for a licence. This was as a result of prolonged advocacy at the national level. All the amendments would have been already gazetted, if not by now incorporated into the available printed copy of the law.

Surely, it should not be beyond the ability of the Island Traffic Authority to secure copies of the various amendments, or is it easier to inconvenience the community of people living with a disability, many of whom are without the resources to defend their rights?

The ridiculously understaffed and under-resourced CDA office, which advocates in the interest of that 17 per cent of the population, has a multitude of concerns to deal with daily, and this is compounded by the absence of access to legal counsel. They were taken off guard by the case of Mr Burchell but have limited response options. The CEO at that office, Gloria Goffe, has advised me that she too contacted the Island Traffic Authority and was assured that they intend to send the relevant sections to the legal draughtsman for an interpretation. Now, if that is not astonishing, I don't know what is.

It may be useful at this stage to recall that at the unveiling of the manifesto of the People's National Party prior to the December 29 election, party leader Portia Simpson Miller presented a copy in Braille to a social advocate, Derrick Palmer, who is sightless. The PNP manifesto, which it is to be hoped has since been shared by Mr Palmer with others in the community of people living with physical disabilties, also says that "the state must lead the process to ensure that those with disabilities are not prevented from functioning normally and accessing available opportunities".

I would hope that Mr Burchell's case has by now got the attention of the new prime minister and that she will not only have this abuse corrected by will insist that the state should not mount unnecessary obstacles in the path of those similarly challenged. If this intervention were to lead to a favourable outcome, then Janice Budd's work should receive recognition beyond this column.

Misleading sports headline and leads

Both newspaper stories about Yohan Blake's second-place finish in the 400 metres to his Racers' teammate Allodi Fothergill at the Camperdown Classic show an apparent lack of information in the sport or an inclination to simply go for a sensational angle, not supported by reality. The Observer headline was the more misleading: "Fothergill outguns Blake at Classic", while The Gleaner headline was more sedate: "Blake pleased with 400m run". Both leads suggested that the victory by Fothergill was an upset, as Blake "had to settle for second place". Colleagues, the 100-metre world champion was running outside of his comfort zone and achieved perhaps one of his fastest times ever over 400 metres. Fothergill is a world-class and globally ranked one-lap runner. Nuff said!

antoye@yahoo.com

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"You? Drive? Hell No!"

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Janice Budd's story spotlights discrimination by Traffic Authority