Section 88

eskimalita7

Section 88 of The Road Traffic Act 1988 may allow you to continue driving even though you do not hold a current driving licence. The DVLA has told an elderly relative he can drive based on section 88, as a cardiologist has told the relative in writing that he is now fine to drive. The DVLA has not paid attention to the fact that this elderly relative has declared two conditions.  The elderly relative ticked two boxes on his application when advising of a medical conditions: cardiology and memory. He has had clearance from a cardiologist, but the memory clinic are still undertaking investigations. Section 88 simply refers to "your doctor". I believe this to mean a GP, not a specialist cardiologist.
I believe that in order to satisfy section 88, this elderly relative needs clearance from either his GP (who is aware of both conditions) or both the cardiologist and memory clinic. A olsder relatives often can be, he is stubborn and only wants to recognise the cardiologist's confirmation.
Can anyone assist in confirming what the DVLA mean by "your doctor".

Grumpy_chap

"Your doctor" means exactly that - your medical practitioner who has sufficient knowledge of your medical condition to make a recommendation about fitness to drive.

In many cases, that will be your specialist Consultant rather than the GP.  Indeed, my wife has Epilepsy and the GP would never make the "fit to drive" declarations as the GP considered the Consultant Neurologist as the person best suited and expertly knowledgeable to make that assessment taking into account all the criteria of my wife's illness.

Logically, the case your relative has requires both Consultants to give a declaration as each will only give a declaration pertaining to their specialism.

eskimalita7

thank you grumpy_chap. You are right about both consultants. I fear this stubborn elderly person is deliberately ignoring the need to get the memory clinic to confirm his fitness to drive. Its very very difficult to get stubborn people to see reason.

Ectophile

I don't see any reference to doctors in Section 88 https://www.legislation.gov.uk/ukpga/1988/52/section/88

eskimalita7

Ectophile said:

I don't see any reference to doctors in Section 88 https://www.legislation.gov.uk/ukpga/1988/52/section/88

I think you're reading just the updates to Section 88.

Page 2 of this document its quite clear:
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

Rover_Driver

That leaflet is just general advice from the DVLA. The reference in Ectophile's post is to the actual legislation.

TooManyPoints

This is another example of government guidance being at odds with legislation (for many other examples see the Covid legislation and guidance). 

The only reference made in s88 to fitness to drive is under 1(A)(c): 

(1A)An application for the grant of a licence to drive vehicles of any class is a qualifying application for the purposes of subsection (1)(b)(i) above if—

(c)the declaration made in pursuance of section 92(1) of this Act indicates that he is not suffering from a relevant disability. [my emphasis]

So, the applicant is required to declare, on his application, that he does not suffer from any “relevant disability” that may influence the granting of a licence. He may need to consult his doctor if he has any doubts. But there is no requirement to ask his doctor whether he is fit if he has no doubts. “Doctors” are not mentioned in s88 at all. 

However, the “guidance” says this (as its first paragraph):

To continue driving under Section 88, you must meet all of the following criteria:

• Your doctor must have told you that you are fit to drive. If your doctor is unsure about how a medical condition affects driving, they should refer to ‘Assessing fitness to drive – a guide for medical professionals’ at www.gov.uk/dvla/fitnesstod   [my emphasis]

There is nothing that precedes this paragraph (apart from the title page). This gives the impression that all applicants must get that reassurance to continue driving under s88 and it is misleading. My doctor has never told me I am fit to drive, mainly because I’ve never asked him. However, if I wanted to take advantage of s88 I could by making the necessary declaration when I make my application for a licence. But reading the first paragraph of the guidance I would think I couldn't unless I'd got the OK from my doctor.