I already had my full driver's license. When I moved to Texas, I went to the DMV, & the people told me that I had to start the driving test process ALL over again just because I have a disability.
2007-06-17 05:09:58 · 16 answers · asked by Anonymous in Society & Culture ➔ Cultures & Groups ➔ People with Disabilities
This is a really really good question/issue. I really believes that this is in violation of Article II of the ADA. If a person without a disability who moves into Texas and gets a driver's license without having to start the process over again i believe that they clearly are discriminating against you because of your disability. i can not think about a legal reason for their separate standards other than maybe direct threat but i don't really like their argument.
there are two separate things that you may want to do 1st try calling the DMV and see if they have an ADA coordinator and speak with him about your problem they can be helpful. 2nd if that doesnt work attempt to contact a free legal service i can think of a few near me that would take that case. If you are near a law school call the clinics there or call legal services or call a local disability rights organization.
2007-06-17 23:55:15 · answer #1 · answered by ainger452 3 · 0⤊ 0⤋
Actually, it's not discrimination and I say that as an individual with a disability. A state has the right to find out if I am qualified to drive in their state and that includes any oral, written, or driving test(s). Now if you were just flatly denied a license as a result of a disability, then yes, THAT would be discrimination.
2007-06-17 22:52:17 · answer #2 · answered by Raptor 4 · 0⤊ 0⤋
That would depend on how the state law is written. States are not obligated to grant reciprocity on driver's licences. Now, it would be discrimination to deny a driver's license altogether as long as you can show you can drive safely. But they can make you go through the whole application/test process--again, that depends on the text of the state laws.
2007-06-17 06:38:57 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I'd have to know more about the specific state law and how they're applying it in order to answer this.
I'd contact the Disability Law Resource Project (http://www.dlrp.org/) and ask if they've had any experience with this. They're a neutral organization that provides accurate answers to people on either side of an ADA issue. In other words, either you or the DMV staff could call them and you'd get the exact same answer about what laws need to be followed.
FYI, they're also helpful in housing and employment issues. They're not an enforcement agency, so most businesses/employers/landlords will be willing to call them on a conference call with you and receive information on what accomodations they are and are not required to provide.
2007-06-17 06:10:31 · answer #4 · answered by bratschespielerin 2 · 1⤊ 0⤋
In most states no matter who you are you have to take a drivers test when you move even if you already have a license from your previous state whether your disabled or not.
2007-06-17 07:49:43 · answer #5 · answered by Butch Paradise 2 · 0⤊ 0⤋
It doesn't seem fair. However the government if awfully careful; I bet it is written to cover themselves against being accused of discrimination. If you contact anyone about this though, I would contact a local agency first to see if they have tried to file discrimination charges on this before; they may have tried and lost the case. Once you find out whether this has been tried before that will help you decide whether it is worth even trying. It may cause you more stress and wouldn't be worth it, but I admire you for wanting to stand up for your principles.
2007-06-17 10:52:34 · answer #6 · answered by Patti C 7 · 0⤊ 0⤋
It sounds like it to me. Have you looked up Texas laws about the driving test and what they can or can't do, you could write a letter to one of the DMV offices in Texas (like a major one that can oversee it) or even take it to federal.
Good luck.
2007-06-17 10:12:54 · answer #7 · answered by Anonymous · 0⤊ 0⤋
I am assuming you moved from a different state and alot of times when you move from one state to another then you do have to abide by their rules and regulations. I do not think it is discriminatory if it was the same procedure for you as it was for the cop down the street so to speak. It may be that the state you moved from had different standards or you had tickets or something in your background that warranted the new tests.
2007-06-17 10:03:08 · answer #8 · answered by debbie f 5 · 0⤊ 0⤋
Every state and provinces have differant Medical standards: these rules are made to protect everyone..If your satisfied your safe dont worry, any doubts. Call a local driving school book a lesson with a senior instructor....
2007-06-17 05:45:51 · answer #9 · answered by Grand pa 7 · 2⤊ 0⤋
No, its not.
I moved to TX as well about 7 years ago, and I'm in a wheelchair. They just want you to retake the test so that they can determine your driving abilities and make sure that you don't need special assistance or any special endorsements on your TXDL (like "must wear corrective lenses", etc...)
2007-06-17 05:14:26 · answer #10 · answered by Anonymous · 6⤊ 0⤋