If you suffer from certain medical conditions, or you have had a dependency to drugs and/or alcohol in the past three years, then you are at risk of having your driving licence revoked by the DVLA.
A medical revocation can apply to both group 1 and 2 licence holders.
• Group 1 licence holders: This includes cars and motorcycles;
• Group 2 licence holders: This includes lorries and buses. The medical standards expected of a group 2 driver are much higher due to the size and weight of the vehicles and the risk to the public.
You have access to a specialist team of solicitors who carefully examine the circumstances surrounding your revocation. Our aim is simple; to negotiate with the DVLA to have your licence reinstated or appeal the matter to the Magistrate’s
Court to have your licence reinstated.
Who informs the DVLA on my fitness to drive?
Every driver has a duty to notify the DVLA if they have a medical condition that can affect their driving. They should be advised by their GP if they need to report their medical condition to the DVLA. Failure to notify the DVLA is an offence.
Section 92 of the Road Traffic Act 1988 refers to prescribed, relevant and prospective disabilities. Section 93 of the RTA 1988 provides for revocation of a license due to a disability or prospective disability.
• A disability includes disease and persistent misuse of drugs or alcohol whether or not it amounts to a dependency
• A relevant disability is any prescribed disability and any disability likely to be a source of danger to the public.
• A prospective disability is any other disability which is not a relevant disability but it may become a relevant disability over time for example Parkinson’s disease
However there are situations when a Doctor can report your medical condition to the DVLA. Many drivers believe that when they seek medical advice that the discussion with their doctor is confidential but this isn’t always the case.
The DVLA provides guidance relating to the fitness to drive www.gmc-uk.org/guidance. This information is used to assist doctors when advising patients whether or not they should inform DVLA of their medical condition.
The Secretary of State for Transport acting through the DVLA has the responsibility to ensure that all licence holders are fit to drive.
It’s important to remember that Doctors have a duty to disclose any relevant medical information to the DVLA if they believe a medical condition will hinder their patients ability to drive safely.
What happens next?
When the DVLA is advised of your fitness to drive an investigation is undertaken.. This will involve the DVLA contacting your GP, and where necessary other medical professionals involved in your care. If the information they receive suggests that your licence should be revoked then you will be informed by the DVLA.
Generally the process to revoke a licence can be quite lengthy and the licence holder will usually retain the legal entitlement to drive under s88 of the Road Traffic Act 1988. However, if your licence has been revoked previously on medical grounds you cannot rely on s88 of the Road Traffic Act 1988.
If you are informed by the DVLA that they are considering your fitness to drive, or if they inform you that your licence has been revoked on medical grounds, you should seek legal advice as soon as possible as strict time limits apply when appealing decisions of the DVLA.. With advice and guidance from motor law specialists you have peace of mind that any complexities will be expertly handled and we may be able to negotiate with the DVLA to re-instate your licence without the need to appeal to the Magistrates Court.
Upon contacting us, our team will discuss your circumstances and the grounds for the revocation. We will assess your case and determine if there are grounds for appeal.
If we identify suitable grounds we will contact the DVLA on your behalf. If successful in appealing the decision with the DVLA you will be able to re-apply for your licence. If the DVLA reject the application the decision can be appealed to the Magistrates Court. This may involve obtaining a second medical opinion and representations would need to be made to the Court on your behalf.
We have experience in dealing with the DVLA and negotiating the return of your licence. We can assist in obtaining independent medical reports that can be used in support of your case or to provide evidence to the court that you are fit to drive.
Simply complete the online enquiry form below and a member of our team will contact you.
Let Kirwans guide you on your legal journey.