Canterbury DHB
Clinical Practice policies and procedures
Specialist Mental Health Service
Driver licence (consumer) policy
Driver licence (consumer)
Purpose
To outline the role of Specialist Mental Health Service (SMHS) in enhancing consumer and
public safety in relation to safe driving.
To outline the process for assessing a consumer’s fitness to drive and issues relating to driver
licensing as required by Land Transport Act.
Policy
SMHS is committed to enhancing consumer and public safety in relation to safe driving. This
will include:
Staff taking action where a consumer is found to be intoxicated while driving or is
about to drive.
Staff taking action where a consumer is operating a vehicle or heavy machinery
against medical advice.
Medical practitioners considering medical aspects of fitness to drive in appropriate
consumer assessments.
Assisting the New Zealand Transport Agency (NZTA) processes in managing a
consumer’s driver licensing.
Scope
All health professionals.
Definition
Substances of concern
Substances of concern may include alcohol, hallucinogens, cocaine, inhalants, opioids,
sedatives, cannabis, stimulants (such as herbal highs) and other substances whether
prescribed and non-prescribed.
Intoxication indicators
1. The individual appears to be intoxicated or drug affected.
2. The individual reports, or is observed, or is reliably reported to be using a substance of
concern within a timeframe that indicates that they may be unfit to drive or use heavy
machinery.
Staff should note that some medical conditions can simulate intoxication eg head injury,
poorly controlled diabetes.
Supporting documentation
Legislation and guidelines
Land Transport Act 1998 and Land Transport Amendment Act 2009
Health Practitioners Competence Assurance Act 2003
NZ Transport Agency 2009, Medical Aspects of Fitness to Drive, A Guide for General
Practitioners.
-
Mental disorders (section 8) pg. 95-102
This document is to be viewed on the SMHS intranet.
Printed copies should not be used on subsequent occasions, as content may not reflect the current version.
Authoriser: CoP
V7, issue date: 11 Aug 16
Policy owner: DAMHS
Page 1 of 4
Ref: 23357
Review by Nov 2019
Canterbury DHB
Clinical Practice policies and procedures
Specialist Mental Health Service
Driver licence (consumer) policy
-
Effects of medication, drugs and abuse of substances (section 11) pg. 115-119
-
Appendix 1&2, Section 18&19 of the Land Transport Act 1998 pg. 128-129
Canterbury DHB documents
Legal and Quality policies and procedures volume 2
- Release of patient information
SMHS Driver Licence information sheet
This document is to be viewed on the SMHS intranet.
Printed copies should not be used on subsequent occasions, as content may not reflect the current version.
Authoriser: CoP
V7, issue date: 11 Aug 16
Policy owner: DAMHS
Page 2 of 4
Ref: 23357
Review by Nov 2019
Canterbury DHB
Clinical Practice policies and procedures
Specialist Mental Health Service
Driver licence (consumer) policy
Staff interventions with an intoxicated individual
Staff intending to intervene with an intoxicated individual should consider their own safety
and ensure they are supported with one or more staff members present.
Where an individual is displaying intoxication indicators, the individual should be advised
not to drive or use heavy machinery.
Staff intervention with the individual shall include:
Expressing concern.
Suggesting keys are left at reception for collection later.
Assisting in arranging alternate transport.
Advising that health practitioners are required to inform the police.
Staff should not move the individual’s vehicle. If it poses a hazard, police should be
informed.
If the individual ignores the advice and drives away:
Record the vehicle information.
Notify the senior clinician on duty and the individual’s Responsible Clinician.
Report concerns to police.
Complete incident reporting process.
Document clearly in clinical notes.
Review at next multidisciplinary team meeting.
Driver licence process
All driving license information should be sent to the DAMHS office, not the LTSA.
The Responsible Clinician will discuss any driver license suspension with the consumer
Consumers under the Mental Health Act
When an individual becomes subject to an Inpatient Compulsory Treatment Order (Section
30 and 31) or becomes a Special Patient, the DAMHS office will advise the Responsible
Clinician that a section 19 notification is needed as:
The consumer is not legally entitled to drive until their licence is reinstated.
Their driver licence is surrendered.
Although the requirement to surrender the licence does not come into effect until an Inpatient
Order is made, it is reasonable to assume that an individual should not be driving during the
period of assessment and be advised accordingly.
This document is to be viewed on the SMHS intranet.
Printed copies should not be used on subsequent occasions, as content may not reflect the current version.
Authoriser: CoP
V7, issue date: 11 Aug 16
Policy owner: DAMHS
Page 3 of 4
Ref: 23357
Review by Nov 2019
Canterbury DHB
Clinical Practice policies and procedures
Specialist Mental Health Service
Driver licence (consumer) policy
Consumers not under the Mental Health Act
Other SMHS consumers including those under Community Treatment Orders (section 29
Mental Health Act) are not required to surrender their licence unless they are assessed as
unfit to drive and it is believed the consumer will continue to drive.
Fitness to drive
On DAMHS office direction, the medical practitioner will assess medical aspects of fitness to
drive for all consumers including those being released from Compulsory Status or approved
for leave.
Assessment of medical aspects of fitness to drive should be documented in the clinical
record.1 The consumer should also be informed that prescribed medicines could impair their
driving and a note made in the clinical record.
DAMHS office will send letter to the consumer advising if Responsible Clinician has found
them fit/not fit to drive. Should there be reason to believe that a consumer is driving after
being advised not to, the clinician should complete the Healthlinks free-text letter ‘Driver
license letter Sec 18 Non-Compliant’. Send the letter to DAMHS office.
Surrender of a driver licence
Surrendered licences are sent to the DAMHS office for safe storage.
Return of a driver licence
When an individual is to be released from Compulsory Status or will be on Special Leave and
is assessed as fit to drive, the DAMHS office will return the license to the consumer.
If the license was a commercial class, the consumer must apply to the NZTA for the return of
the license and supply a full medical certificate.
The assessment recorded in the clinical progress notes.
1 NZ Transport Agency 2009, Medical Aspects of Fitness to Drive, A Guide for General Practitioners section 8.1 Mental
disorders that may impair safe driving (pg.98-102) or http://www.nzta.govt.nz/resources/medical-aspects/8.html
This document is to be viewed on the SMHS intranet.
Printed copies should not be used on subsequent occasions, as content may not reflect the current version.
Authoriser: CoP
V7, issue date: 11 Aug 16
Policy owner: DAMHS
Page 4 of 4
Ref: 23357
Review by Nov 2019
