Since 2016, Warragul driver Sean DeAraugo has been living with a medical condition that requires him to report to Victoria's licensing authority VicRoads.
Usually, VicRoads requests a medical review by post, and Mr DeAraugo goes to his doctor to complete the form so he can continue driving.
In 2020–21, Mr DeAraugo said he did not receive a letter from VicRoads requesting a medical review.
"I didn't notice at the time because we were in the midst of COVID, and normal life wasn't really happening," he said.
"The next thing I knew, I was pulled over by police in 2021, and I was informed by police that my licence was suspended."
Mr DeAraugo was in shock.
Police charged him with driving while his licence was suspended.
He immediately contacted VicRoads, and they emailed him the medical form.
"I said, 'In the future can you email me this correspondence? Because I don't want this to happen again,'" he said.
"I was told that they are legally required to request the medical reviews by post."
Mr DeAraugo's licence has since been reinstated.
However, he is still facing charges and is due to appear before the Latrobe Valley Magistrates' Court in February 2023.
If found guilty, Mr DeAraugo could have the charges noted on his criminal record.
"I'm finding it quite stressful," he said.
"While common sense tells me I haven't done anything wrong … I am worried that the outcome may not be as good as I would like."
Communication breakdown
VicRoads told Mr DeAraugo they sent him one letter requesting the medical review in February 2021 and another in June 2021 to say his licence had been suspended because he had not completed the review.
Mr DeAraugo says he believes something went amiss with the mail at VicRoads' end.
"On this occasion, I haven't received the letter about the medical review nor the licence being suspended," he said.
"I haven't missed any other mail during that time from any other organisation."
He is not the only person to say they have not been informed by VicRoads when their licence was suspended on medical grounds.
Clare Ridgway told the ABC she only discovered her licence had been suspended when police pulled over her husband on November 2, when he was driving a vehicle registered in her name.
Despite receiving mail from other agencies, she did not get anything from VicRoads to notify her of the suspension.
'One letter not good enough'
Derek Lightbody was pulled over on the 2022 Australian Day weekend and told his licence had been suspended on medical grounds.
"Four days later, I got a letter from VicRoads advising me my licence had been suspended," he said.
"I felt betrayed."
Mr Lightbody was able to avoid charges after much back and forth between him, VicRoads and the police,
But he says, "one letter isn't good enough".
"To rely on regular mail, it's not a timely process. It didn't require a signature," Mr Lightbody said.
"You wouldn't serve a court summons like that."
The motorists who spoke to the ABC called for urgent improvements to how VicRoads communicates.
They say requests for medical reviews and notification of licence suspension should be sent by registered post, accompanied by follow-up notifications via email and text message.
"It doesn't matter to me how I get it as long as I get it," Mr DeAraugo said.
"Something as important as a suspended licence should be sent by registered mail."
Post a legal requirement
Each year, VicRoads assesses about 90,000 people's fitness to drive through its medical review process.
A Department of Transport spokesperson said it was "designed to keep everyone safe on our roads".
"We understand how important having a licence is for so many Victorians, and that is why we take this process so seriously, assessing every medical report on a case-by-case basis," a spokesperson said.
"If VicRoads varies, suspends or cancels a driver licence/learner permit, the person can appeal the decision."
The ABC asked VicRoads if they would consider sending notice of a licence suspension via registered post, as well as digital notifications, to minimise the chance people did not know their licence had been suspended. They didn't respond to the specific question.
Current legislation means a notice is only deemed "served" by VicRoads if it is sent to a person's postal address — and there is no requirement to send a letter via registered mail.
If a medical report is overdue, VicRoads send a reminder letter before the licence is suspended.
Where VicRoads processing delays or errors have impacted a driver's licence, the organisation said it would always work with the affected driver to minimise the impact on their individual medical review case.
Legally drivers must update their address within 14 days of moving.
A systemic problem
Peninsula Community Legal Centre's practice manager for specialist programs Ash Galvin, said VicRoads' communication was not good enough.
"I think it is a systemic problem. Often, it seems, government agencies are relying on the traditional postal service to deliver notifications to people," he said.
"There is the possibility those notifications don't reach people for various reasons."
Mr Galvin represented an 83-year-old woman who had her licence suspended by VicRoads in 2020 — she said she was not notified and only found out when she was pulled over by police.
Mr Galvin said if people were not aware their licence had been suspended, it would leave them susceptible to charges and a traffic offence on their criminal record.
It could also impact their insurance cover in the event of an accident because many policies do not cover drivers without a valid licence, he said.
"It's really important that people are kept up to date with the status of their driver's licence," he said.
"We'd like to see VicRoads explore further opportunities to better communicate to motorists."
Longstanding issue
Coburg North driver Paul Carey discovered his licence had been suspended on medical grounds in 2018 when he was on his way to the supermarket with his two young kids.
Suddenly police pulled him over, told him he did not have a valid licence and charged him.
"When I saw the latest story, I thought, 'Oh, my gosh! This is still happening to other people,'" he said.
While the charges were ultimately dropped, Mr Carey said it had a huge impact on his mental health.
"I have a longstanding diagnosis of complex PTSD," he said.
"This really took me down a notch in my life."
Mr Carey is now calling on VicRoads to issue an apology.
"We had had our licence suspended without any actual communication or accountability from VicRoads," he said.
"It would be good to be compensated in some way for all the hassle and heartache."
