The Tar Sardegna has accepted the appeal of a disabled woman from the Oristano area whose special license has not been renewed by the medical commission of the ASL, declaring her unfit to drive.
Assisted by the lawyer Paolo Ruggeri, the woman filed an appeal with the Regional Administrative Court. The lawyer argued that the medical commission had operated an automatism between the provision of the benefit of accompaniment and the unfitness to drive .
The Tar accepted the lawyer's thesis reporting a 2016 opinion of the General Directorate of Health Prevention. "There is no recognition - the document reads - of an absolute incompatibility between the carer's allowance and the ownership of a special driving licence : being a beneficiary of the carer's allowance is not a priori incompatible with obtaining or renewing a special licence".
According to the Directorate-General for Health, the distinctive element is given by driving in conditions of safety for oneself and for others. "If the pathology of the person applying for a driving licence, even if he is a beneficiary of the assistance allowance, is such as to allow the possibility of driving in safety conditions for himself and for others, the license may be granted or renewed".
The local medical commission should have carried out the evaluation on the basis of the pathology and on a case-by-case basis. The Tar Sardinia has suspended the provision of unfitness to drive the disabled woman. Within 30 days of notification of the ordinance published on December 9, the local medical commission of Oristano will have to assess the suitability or otherwise of driving according to the indications of the Ministry of Health.
