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Opinions of Tuesday, 11 October 2011

Columnist: Dei-Kusi, Johnson

Deaf Persons Having Rights to Drive in Ghana

I would like to inform Driver and Vehicle Licencing Authourity (DVLA) that under the Disability Law- Persons With Disability Act 715, 2006, Article 27, a person with a hearing disability has right to own a driving licence after passing driving test and satisfying the conditions.

Hearing disability means the conditions in which individuals are fully or partially unable to detect or perceive at least some frequencies of sound. It also refers to deafness, hearing impairment or hard of hearing as any dictionary describes clearly. Under the law, the deaf people (persons with hearing disabilities or impairments) are allowed to own the licence.

Under the Disability law, Article 7- Access to the Public Services, the public agencies should grant the requests the persons with hearing disability look for.

According to the law, Article 4 (1), the persons with any type of disabilities should not be discriminated by the governmental agencies and may not be neglected when they seek for their needs.

In the pursuance of the United Nations' Convention on the Rights of Persons with Disabilities, Article 29, Ghanaian governmental agencies shall guarantee to persons with disabilities political rights and the opportunity to enjoy them on an equal basis with others.

On July 4, 2011, as a hearing impaired person, I approached the Driving and Vehicle Licencing Authourity (DVLA) headquarters at Cantonment in Accra for a driving licence. I was invited to the DVLA office to request the licence along with section 27 of the Act 715, 2006.

As one of the staff of DVLA Office was aware I am deaf and could not talk, he asked if I could read and write and we wrote note each other. He said that my hearing examination may be required to submit medical report so that it would let him see if I can hear the levels of sound with aid of hearing aids before granting the request. I did not agree with his opinion and asked him why it is required.

He said with authourity’s concern the medical report may be necessary because the deaf drivers could be a source of the danger to the road users. However, I could not agree with him. I was so disappointed very much that DVLA might go on discriminating against the persons with hearing impairment. I had showed to him the Section of the Act 715, 2006 that a person with hearing disability is allowed to own driving licence.

I told there are many deaf drivers in Africa who could drive on road and see carefully emergency sirens and horns on basis of rearing view-mirrors without hearing any sound and have very good views rather than hearing sounds when driving on the roads.

According to World Federation of Deaf (WFD), there are no known reports that deaf drivers are a threat to other road users in the countries where deaf people are allowed to obtain a driving licence, or that they are involved in more traffic accidents or injuries than the general population. The deaf drivers are better than hearing ones based on respecting the road safety regulations and viewing at rear-mirrors fully on the roads. There are some deaf drivers in Africa who could drive without any traffic accident.

All but 26 countries in the world have allowed people who are deaf to drive as long as they pass the test regardless of the degree of hearing loss. It should not be an impediment for the deaf people to enjoy the right of driving which is a civic of free movement guaranteed by Disability Act. It is not a problem for the deaf people to learn how to drive. They can learn to drive through visual instructions – hand motions, eye contact and visual aids. There are many deaf drivers in world that could drive on road and see carefully emergency sirens and horns on basis of rearing view-mirrors without hearing any sound and have very good views rather than hearing sounds when driving on the roads.

Deaf people are capable of becoming good drivers because they drive safely. Though their sense of hearing is impaired or non-functional, yet their other senses and reactions are naturally trained to be extremely acute which is an advantage over the hearing drivers and, therefore, it is logical to allow them to have legalized driver’s licence. However, he decided to write the letter for hearing examination but I could not complain with the authourity because I thought they may not know the law allowing the persons with hearing disability to hold licence and drive.

After note writing, the director of one department of DVLA gave me a draft letter attached to my passport-size photo to be given to the audiology center, Korle-Bu Teaching Hospital, Accra for hearing examination. Approaching the hospital, I presented the letter to one of staff of audiology department. In a one week later I was undergone hearing examination by audiologist who knows at the least sign language. As I was told I purchased a pair of old or used hearing aids from the department. Also I was given a medical report.

Finally, one day later with wearing my hearing aids I went to the DVLA office for submission of medical report. As I was told by the receptionist I should sit on sofa for 3 hours waiting as director was not reported earlier to work. I was not happy that was why some staff were not reporting earlier to work and even many people sitting with me waited so long as much as 5 hours. After three hours, when director appeared I faced him looking unfriendly. I was invited to sit in the room looking like a conference so we discussed, then I showed my hearing aid and medical report to him. As on how communication was I could write on note. However, this seemed him to change his mind as he asked I could hear any sound when driving on roads and they need any interpreter who knows sign language. I responded to them I could hear at the least frequencies of sound with aid of hearing aids but for me I could watch carefully with aid of view rear-mirrors when I drive without hearing aids. I was told that I could come to the DVLA next one and half weeks. I was disappointed so much that the hearing impaired people are suffered from delay of their request for the licence by Ghana government.

Road accidents among the hearing people have been common even though they can hear and pass the test to get driving licence. Therefore, there is difference between them and deaf people who are still driving without any tangible report of accidents with or without licence.

Driving gives one a sense of independence, pride, self-esteem, and belongingness, and rejection thereof tantamount to violation of civil right and a case of prejudice and chauvinism of the dominant society.

It is not a problem for the deaf people to learn how to drive. They can learn to drive through visual instructions – hand motions, eye contact and visual aids.

When deaf people drive, they enjoy a basic privilege they deserve just like anyone else. It also demonstrates that deafness does not have to hinder the quality of life.

Public transport can benefit from having more deaf drivers on the roads. Studies conducted by different researchers (in different countries where deaf people are allowed driver’s licence) comparing deaf drivers to hearing drivers suggest that deaf drivers have fewer accidents and traffic violations than hearing people do. It is possible that deaf people drive more safely because they have better concentration. Having impaired hearing improves other senses making deaf people more sensitive to movement and visual surroundings.

If deaf people are allowed to drive, it could decrease prejudice by changing the public’s misconceptions about deaf drivers. In turn, decreased prejudices could help eliminate discrimination against deaf drivers in public policy.

The disqualification for driver’s licence does not rest with the deaf people themselves, but with the environmental and attitudinal barriers of the society and those that govern the system. We cannot and, even it is not possible to change an inclement environment, yet we can adapt to the environment by changing our attitude. The world is replete with human, cultural and linguistic diversity and other natural inclemencies that we are not compatible with. The same holds true where the deaf people are concerned who is a part of the human diversity as a natural process and also as recognized by the UNO. Although the deaf people are disqualified for holding licence due to poor and congested Ghanaian road conditions, yet the situation can be adjusted with special provisions through legal adaptations, additional rear view mirrors, special signal stickers/labels, public awareness, ban on non-motorized and slow moving stray vehicles from the main and busy roads that are the distinct features created in the rest of the world facilitating an accessible environment for the deaf people to drive safely and smoothly and obtaining driver’s licence. Driving cars is not a problem for the deaf people who can drive judiciously, smoothly and safely with the brain instead of the ears.

Disability to hear and unsafe road conditions don’t justify disqualification from obtaining licence that contradicts justice and atrophy the concept of accessibility, empowerment and independent life. Legal adaptations and improving road conditions are the way out to enable them to qualify for retaining the civic and legal right of driving.

The “UN Convention on the Rights of Persons with Disabilities” states that national and state governments are obliged to consult with people with disabilities through their representative organizations when developing and implementing legislation and policies to effectuate their rights.

I am appearing to the government to recruit and employ any interpreter who has skills and experience in Sign Language and Deaf Culture (SLDC) at DLVA so the deaf drivers could get comfortable when they read interpretations and even the signal sticker/ label should be shown with “Deaf Driver (DD)” or “Handicapped (H)” on front transparent glass of the cars, trotroes, buses, trucks, etc so police would have to understand the DD or H symbol when emergency is met. There is no problem for DD or H sticker.

Therefore, as person with hearing disability, I am appealing to DVLA to grant the deaf people a driving licence and even the DVLA signal sticker/ label should be launched and shown with “Deaf Driver (DD)” or “Handicapped (H)” on front transparent glass of the cars, trotroes, buses, trucks, etc so police would have to understand they have right to drive who have the DD or H symbol when emergency is met. There is no problem for DD or H sticker. I intend to establish the association- Ghana Deaf and Hard of Hearing Drivers Association (GDHDA) which would make awareness of deaf ability to drive in the country soon and urge the government to grant the persons with hearing disability their needs.

Johnson Dei-Kusi

Hearing Impaired Person

Ledzokuku-Krowor Municipal Association of the Deaf (LEKMAD)

Teshie-Nungua, Accra

deafjohnson@in.com