DVLA Medical Rights

c0989

I had a seizure about 16 months ago and as such surrendered my driving license.
After 12 months both my GP and the specialist cleared me fit to drive, so I duly applied for my license back.
Nearly 5 months on and numerous calls to the DVLA, nothing has happened. Supposedly I am "awaiting a managers decision".

I am in a position now where my job is at risk as they said they would support me not driving for 12 months but its now nearly 17 months and so this cannot go on.
I call the DVLA twice a week and get the same answer, sorry but we cannot give you any time scales. I ask to speak to a manager but they wont do that.

What can I do?
Do I have any rights at all?

They have quoted something called section 88, where I am allowed to drive whilst they investigate, but this isn't that well thought out, how can I test drive/ buy a car without a license and insurance companies dont want to know either! SO whilst section 88 is nice in theory it hasn't been properly implemented and doesnt help me.

I see the DVLA have a complaints procedure but I doubt this will get me anywhere!

Any advice gratefully received

Quentin

Their complaints procedure is your route!


They may have misled you by telling you s88 will let you drive.


That is for renewals of driving licences taking time rather than following a revocation on medical grounds


https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/695575/inf188x6-can-i-drive-while-my-application-is-with-dvla.pdf


With epilepsy you must first be seizure free for 12 months before you can apply to get your licence back (ie, it isn't a 12 month revocation that is spent as soon as the 12 months is up as a court ordered driving ban would be)


You do need to wait till your application gets the OK which does take a long time!

Johno100

A very familiar story I'm afraid, I'd suggest you try and get your MP on the case.

I wouldn't be surprised if more people do what an acquaintance of mine did in a similar circumstance. He of course stopped driving when his GP told him to. put his licence in a draw where it stayed until he got the all clear from his hospital consultant to drive again. But he totally omitted the DVLA from the loop because he knew what a palaver it was to get his licence back.

c0989

Thanks Quentin

I believe there is a change in the rules now that means section 88 does now allow me to drive providing I have the doctors OK and I meet the driving standards, 12 months etc (which I now do)
I get the feeling this has been introduced due to the disgraceful amount of time and process taking place with regards to this.
A quick internet search shows that I am definitely not alone here and the link below shows this.

If you Google Ombudsman and DVLA failings then it shows that the problem is massive. (sorry I cant post links)

The S88 hasnt been thought out properly though for people like me and I agree with you its a total cop out. I asked if they would issue with me with a letter so that i can show my employers or even take to a garage for them to allow me to test drive, but of course the answer is "no".

I think the only route is a complaint, which I hate as its a waste of my time and the people dealing with it.
I do know someone who wrote directly to the CEO and within 5 days had their license, it shouldn't have to come to this but knowing how government organisations work and how it is a very top down hierarchy this may be the best way to go.

LadyDee

I had a similar incident, applied for reinstatement, hadn't heard anything so a week before the 12 months was up I simply rang the medical dept. at DVLA and requested a letter from them confirming I was able to drive in anticipation of them reinstating my licence. Received the letter within a few days and commenced driving with that authority. My new licence arrived shortly afterwards.