Advised to withdraw my appeal at hearing?

jetta_wales · 31 May 2011 at 7:23PM

sunnyone wrote: »

Every driver knows that they must inform the DVLA of any medical condition and/or any meds they take which would affect their ability to drive, I have always informed them of everything and they get a bit sick of me ringing just whenever my scripts change but its better to be safe than sorry because cars are lethal weapons that not only kill but can leave people with smashed/crushed spines/pelvis like mine done by drivers who drive while unfit like the Op.

Actually I have read the forms but you like making assumptions of course. And the whole point is that she was not aware that her conditions or meds could affect her driving and was never told that they might. Don't drive or oporate, heavy machinery is on a pack of co-codamol 30/500 (in the small print) but when the doctor tells you that they say it's referring to things which are heavy to oporate like driving or operating a crane (controls aren't actually heavy in them these days of course but it's been the same line in the leaflets for decades).

Get a pack of sedatives though or morphine syrup as I had years ago and the doctor and the pharmacist both tell you to make sure you don't drive while taking them and it is their job to do that.

System · 31 May 2011 at 7:25PM

jetta_wales wrote: »

And how is she to know if she has been given a medication that would impede her ability to drive? .

Because it is mentioned on the information that comes with each of those drugs!

vax2002 · 31 May 2011 at 7:29PM

The saying "over egging the cake" springs to mind here, looks like you may have attracted the spotlight.

jetta_wales · 31 May 2011 at 7:37PM

!!!!!! wrote: »

Because it is mentioned on the information that comes with each of those drugs!

And how many people do you think read the very very lengthy leaflet in ever pack of meds they are given? Very few which is exactly why the pharmacist Tells you any serious things to be aware of when taking them when they give them to you. My ex SIL being a pharmacist used to list some really stupid stuff that they have to tell you about just in case. Especially with somebody with a mental health condition they should have been made aware by their GP at least of such important implications of taking each medication. She may well be even less likely to spend 40 mins reading the leaflet in each box than the rest of us are and very few people do.

My Mum read the full leaflet for one of her blood pressure tablets once, the list of potential side affects (including causing even higher blood preseaure) scared the crap out of her so she won't read them any more lol but the doctor and pharmacist always make sure nothing she takes clashes etc and tell her what she really needs to know (like not to eat grapefruit) because it's their job.

dmg24 · 31 May 2011 at 7:39PM

There is no obligation to contact the DVLA solely because you have a certain condition or take certain medications. Many people take Lithium/ have bipolar and are quite capable of driving. The OP (and their clinicians) needs to decide whether their condition/ medication affects their ability to drive and advise accordingly.

Back to the point of the OP's post ...

I imagine that, rather than suggesting that you should not be doing certain things, the Tribunal actually highlighted inconsistencies in your evidence. So you might have said that you were incapable of looking after yourself, yet you are capable of looking after children. You may have stated that you are in significant pain if you sit for any period of time, you are able to drive etc. If this is the case, the Tribunal were very fair in advising you to withdraw your appeal.

jetta_wales · 31 May 2011 at 7:45PM

You've said that there are aspects of your needs and care given by your daughter that you have been reluctant to go into? This could very well be the information that fills in the holes they are seeing in your case. Eg that you are a mother but your eldest daughter is supporting you heavily in your ability to parent (sorry I know it doesn't sound nice). Unfortunately DLA application can be a very very depressing thing to go through. I was in tears as a teen going through the forms with somebody to help and having her contradict me on half the questions I answered yes to and then quiz me to point out all the steps at which I've actually had help in order to do that :-( not pleasant by any means but unfortunately it's a necessary evil.

Richie-from-the-Boro · 31 May 2011 at 7:48PM

The onus is on the driver to inform on his / her self, and its that way for a very good reason. To have made it multidisciplinary would be a legal nightmare. The perfectly healthy individual not taking any medication is also individually responsible for getting behind the wheel of a quarter of a ton lethal weapon. Any licensed driver using drugs / alcohol / not fit to drive is treated the same way. An exception .. .. .. anyone who has completed a GP's medical in order to qualify for a ' professional ' driving licence, here the GP by default is required to inform Swansea.

The legal onus is on the individual to inform the GP or Swansea then Swansea will suspend / take advice / change medication / make you resit / do other tests etc. So whether you haven't read small print / blame your GP / Optician / care worker or the manager of the local burger bar it won't wash in law.

vax2002 said ' over egging ' that may well be what's happened, someone at tribunal level may well have looked through the wrong end of the telescope and focussed on their own safety while the O/P is driving.

GlasweJen · 31 May 2011 at 7:59PM

OP, what are your care needs?

charmaine · 31 May 2011 at 8:29PM

hi what does the term over - egging mean?

Natty68 · 31 May 2011 at 8:40PM

Can I just say that when I was diagnosed with my Bipolar and started taking the different medicine. I made a point of asking my Dr whether I had to inform the DVLA of these changes etc, and he said it was up to him to tell them if he thought I was not capable of driving. I always mention it everytime he increases/changes my meds and he has always said he knows of no reason to tell the DVLA I should not be driving. He also knows I am sensible enough to make my own mind up whether I should drive on certain days or not i.e. I know when I can drive or not as I am not stupid. If I am having a bad day then I don't drive, one thing that I always am good at and that is keeping my mind on the driving at the time.