Bergild v Road Transport Authority (No 2) (Administrative Review)

Jason Bergild applied for a review of the Road Transport Authority’s (RTA) decision to cancel his driver’s licence. The RTA had cancelled Mr Bergild’s licence after his vision deteriorated due to diabetic retinopathy. The Tribunal was required to consider the matter afresh based on the evidence before it, which included five further reports regarding Mr Bergild’s eyesight. The only relevant issue was whether Mr Bergild’s vision was sufficient to enable him to hold a driver licence, conditional or otherwise. The relevant medical standards for assessing fitness to drive are set out in the Assessing Fitness to Drive for Commercial and Private Drivers, 2016, Medical Standards for Licensing and Clinical Management Guidelines. Under the Guidelines, Mr Bergild’s visual acuity met the medical standards, but his peripheral vision did not. In particular, Mr Bergild’s visual field was extremely poor, and he had only a narrow field of vision. Given the extent of Mr Bergild’s visual field defects and the significance of those defects, the Tribunal was satisfied that the decision under review to cancel Mr Bergild’s driver licence must be confirmed.

The Tribunal orders that:
1. The decision under review dated 26 May 2017 is confirmed.