Road Traffic Act, section 88

mrwonderful_uk

I wonder if someone may be able to assist me with a most frustrating question?

In December of 2017 I suffered a seizure and after a number of tests was diagnosed with epilepsy. I am now taking medication and have not suffered from another seizure since.

As required, I surrendered my driving licence to the DVLA and have not driven since my seizure.

My consultant recommended that I should not drive for a period of 12 months which I adhered too and therefore I applied for my licence some weeks before December 2018. I received a letter from the DVLA in late December 2018 indicating that under “section 88” of the RTA I could resume driving whilst waiting for them to reissue my licence.
Unfortunately, the letter from the DVLA is not particularly well written or informative and I assumed (incorrectly after speaking to the DVLA earlier today) that I could not drive until a physical licence had been issued to me.

It would appear that as long as you comply with your doctors recommendations about the length of time you should not drive for and meet all of the other criteria required to obtain a licence you are then allowed to drive under this waiver until the DVLA makes a final decision on your fitness to drive (which they seem extremely slow to do).

After now being off the road for the last 15 months I have now hit the proverbial “brick wall” in my attempt to insure myself to get back to driving once more. Essentially, because I do not possess a current driving licence I cannot find a company willing to insure me despite the law allowing me to drive before a final decision is made.

I wonder if anyone may be able to offer any help or guidance in trying to resolve this matter?

Many thanks for your assistance and look forward to hearing from you.

Regards


Brian

sevenhills

mrwonderful_uk wrote: »

I could not drive until a physical licence had been issued to me.

I cannot find a company willing to insure me despite the law allowing me to drive before a final decision is made.

Brian

So you need to wait until your actual licence arrives?

mrwonderful_uk

It does seem to be looking that way :-(


My consultant said that I could drive from early December and I sent a copy of his letter to the DVLA in support of my licence application.



I cannot comprehend how the law can allow a person to drive whilst their application is being processed but then discover you can't obtain any insurance because you don't have a driving licence !


I am not alone in questioning how this "waiver" works....the internet is full of people who are extremely unsure of exactly what they can and cannot do following a medical issue.

TheTalkingDead

You may have the entitlement to drive, but all insurers require you to be a holder of the following:
A full uk licence or A medical Review licence.
Therefore underwriters wont grant policies to those who are uncertain of a return of a full uk licence or medical licence.


Horrible as it is, but you can have a waiver to drive during application process, but you need insurance and the insurers dont like to cover those with no possession of a physical licence.


The waiver is geared for those who still possess their license whilst DVLA look into matters of Medical reviews and so on. Not for those who surrendered and apply for it back.


DVLA usually process this type of issue within 8 weeks.

AndyMc.....

TheTalkingDead wrote: »

You may have the entitlement to drive, but all insurers require you to be a holder of the following:
A full uk licence or A medical Review licence.
Therefore underwriters wont grant policies to those who are uncertain of a return of a full uk licence or medical licence.


Horrible as it is, but you can have a waiver to drive during application process, but you need insurance and the insurers dont like to cover those with no possession of a physical licence.


The waiver is geared for those who still possess their license whilst DVLA look into matters of Medical reviews and so on. Not for those who surrendered and apply for it back.


DVLA usually process this type of issue within 8 weeks.

Many word it to get round the OP's problem by stating holds, has held and is not disqualified from obtaining a licence.

mrwonderful_uk

Thanks for your comments.


I have also written to the British Insurers Brokers Association to see if they can help.


I have no idea why it is taking the DVLA so long to come to a decision especially as my consultant (who is a professor so one would assume he knows what he is on about) stated that I could drive in December 2018. The DVLA will give you no information whatsoever except to say it is with their medical team........

TheTalkingDead

mrwonderful_uk wrote: »

Thanks for your comments.


I have also written to the British Insurers Brokers Association to see if they can help.


I have no idea why it is taking the DVLA so long to come to a decision especially as my consultant (who is a professor so one would assume he knows what he is on about) stated that I could drive in December 2018. The DVLA will give you no information whatsoever except to say it is with their medical team........

Quite simply it takes so long due to volume of applications, and other variables like your consultant responding to any letters they send him. Be patient it’ll come through for you soon enough.

DianeRisk

I am so pleased to have found this information here.
I have been looking all over and googled the question many times with no proper answer.
Shouldn't the DVLA make this clear on their website - that people should check with their insurance that they are covered?
I was only checking because I needed to renew my insurance - if I hadn't my husband would have driven but not been insured?????

hollie.weimeraner

DianeRisk wrote: »

if I hadn't my husband would have driven but not been insured?????

or be in possession of a valid licence

Brownieboy8

I can drive under a section 88, anyone have any ideas or know who will insure me? Cheers 

Car_54

Try a good local broker.

Also, these guys may be able to advise https://www.disabledmotoring.org/