Revocation of Driving Licence on Medical Grounds
Specialist solicitors at helping clients being investigated or who have had driving licence revoked on medical grounds
The Secretary of State for Transport has the responsibility to ensure that all persons with a driving licence are fit to drive, this is done via the Drivers Medical Group at the DVLA. The Secretary of State for Transport possesses the power to refuse or revoke a driving licence due to the physical or mental fitness of the driver.
If you are under investigation, or your driving licence has been revoked by the DVLA due to medical reasons, call our Specialist Driving Offence Solicitors on 0345 222 9955 for Free No Obligation Legal Advice on how our lawyers can assist.
DVLA Medical Conditions
All driving licence holders are under an obligation to inform the DVLA of any medical conditions that may affect their ability to drive, a failure to do this could result in a fine of up to £1,000 and the motorist could be prosecuted if involved in a road traffic collision.
A motorist must voluntarily surrender their driving licence if they are advised by their doctor not to drive a vehicle for 3 months or more, or if the motorist does not meet the required standard of driving due to a medical condition.
Common Medical Issues
Whether it is appropriate to inform the DVLA of a medical condition will depend upon the type of health problem and the severity of the health issue however, common health issues where the DVLA may revoke a driving licence include:
- Visual Impairments
- Cardiological Issues
- Neurological Issues
- Substance Misuse
- Mental Health Issues
A full list of the health issues that may affect your driving can be found on the Government Website.
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Informing the DVLA of Medical Issues
Whilst the primary duty to notify the DVLA of a medical condition which may affect your driving rests with the licence holder, the DVLA can also be notified of medical issues by:
- Your Medical Professional
- The Police
- The Court
- Other Motorists
When the DVLA receive communication from a person other than the licence holder, this is known as a ‘3rd Party Notification’.
When the DVLA receive a 3rd Party Notification, the licence holder will receive written correspondence from the DVLA informing them that a concern has been raised and the DVLA will ask for consent to review your medical records and may also require you to attend medical assessments so that the fitness to drive can be assessed.
If you receive notification from the DVLA regarding medical concerns, you should seek expert legal advice from one of our motoring lawyers by calling 0345 222 9955 or by completing our Contact Form. In such circumstances, obtaining expert legal advice early on during the investigation is more likely to result in a positive outcome for the licence holder.
The UK medical standards for driver licensing refer to Group 1 and Group 2 licence holders:
- Group 1 includes cars and motorcycles
- Group 2 includes large lorries (category C) and buses (category D)
In most cases, the medical standards for Group 2 drivers are substantially higher than for Group 1 drivers. This is because of the size and weight of the vehicle and the length of time an occupational driver typically spends at the wheel.
Driving Whilst Under Medical Investigation
Section 88 of the Road Traffic Act 1988 preserves the rights of Group 1 and Group 2 drivers while the medical investigation is in progress. However, this entitlement does not apply if the licence holder had a previous medical revocation and must stop driving immediately.
Once the DVLA has concluded the medical investigation into a licence holder’s fitness to drive, the decision of the DVLA will be sent to the licence holder in writing. If the DVLA have reached a conclusion that the driver is a risk, the driving licence will be revoked.
If you have recently received a letter regarding a potential revocation of your driving licence on medical grounds, our lawyers can be instructed to liaise with the DVLA and can submit written representations on your behalf to influence the DVLA not to revoke your driving licence.
In such circumstances, appointing a lawyer early on is beneficial as it will demonstrate to the DVLA that you have taken the time and effort to appoint a solicitor to act on your behalf and our written representations can be very persuasive, which will certainly improve the chances of a favourable outcome.
Appeal to the Magistrates’ Court
If the DVLA have chosen to revoke your driving licence and are unwilling to re-instate your licence, our solicitors can be instructed to lodge an appeal on your behalf to the Magistrates Court. The appeal to the Magistrates’ Court must be made within 6 months of the decision.
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