Its my experience that at a hearing the tribunal asks questions about an appellants driving abilities.

If the appellant is driving then this always looks bad for the cooking test.

My question is this.

The level of grip needed to hold a steering wheel is not, in my opinion, the same as that of holding a knife.

My thoughts are that if you held a steering wheel with a hard grip you're likely to end up off the road. Equally, if you hold a knife with a light grip you're going to end up bleeding.

And finally, that no grip is needed to change gear as its a pull and push motion thats used.

However, I cannot find any evidence or information (studies etc) that show the level of grip required to drive a car safely or to hold a knife.

Any body got any ideas? or experience that they wish to share?

My wife has fibromyalgia. We replaced an R reg fiat punto that she was starting to find difficult to drive with an X Reg Punto that has power steering with 2 settings, supposedly one for city driving one for the open road.

She always uses the city postion in town, whereas I only use it for tight corners in multi story car parks and the like as it is too light for me to use in most situations. I do all the open road driving

The guy running the camp site in Ireland where I stayed last summer was a Thalidaomide victim, he had almost no arms, but he drove a car with an adapted sterring wheel. His wife used to have to bold on the contraption for him whenever he drove it, and then take it off when she wanted the car.

In short, it might all depend on what your are driving and where

Thanks Stainsby.

Tribunals do look at the type of steering mechanism, age of the car and any adaptations that maybe used. Unfortunately for the appellant if the dont use any aids such as a steering ball or similar then the assertion is that gripping a steering wheel is like gripping a knife.

I've been sure for a long time that the two need nowhere near the same level of grip and hence ability to drive should not be likened to the grip required for the cooking test.

Proving it under any test of proof is difficult without some defining evidence to persuade the tribunal.

I was hoping for some info. on grip strength measurements (dynometers?) or such? Or any anecdotal evidence on other successful or unsuccessful arguments.

Cheers

Coming at this slightly sideways if you have a specific case where you think this may be at issue and the client is legally aidable and you have a franchise and can get disbursements, you could commission a professional Occupational Therapist to assess grip strength and contrast abilities to use a knife and/or drive. You can find a local OT via www.otip.co.uk. I got very excited about the idea of using OT reports until I commissioned two and either I didn't ask the right questions or didn't provide enough medical info, but they were very conservative documents. Full of words but not saying much if you know what I mean. But if you could ask an OT to just look at that particular point (which ought to be right up their street) you might get a very worthwhile report.

Unfortunately (in a way) you're almost bound to win on that case, but if you've got a regular chairman who uses the argument it ought to give them pause for thought. And they may dig their heels in in which case you could take it to Commissioners.

Aswell as the power steering, automatic gearboxes and other adaptations , I point out at hearings if disabled people arent capable of driving why do we have the motability scheme.

Tribunal's take this approach because they have been advised to ask this sort of question following information given to them by the Appeals Service training and monthly periodicals

are these periodicals in the public domain?

And if so where?

new cd summary to be published in the briefcase area of rightsnet later today says that a tribunal will be entitled to take the claimant’s driving abilities and activities into account, provided it explains itself intelligibly and does not act perversely.

full decision is on the cmmrs site @ CDLA/936/2004

Cheers Shawn.

This is the decision I wasn't looking for.

I'd want to say that the tribunal can't liken the grip of a steering wheel to that of the grip required to hold a knife.

Sounds obvious to me but can I back it up? No.

Thanks again