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By Man in the middle · Posted
I didn’t say it wouldn’t. That is not the issue here. To continue driving after the licence has expired (under s88), the driver must have submitted a “qualifying application”. An application disclosing a relevant medical condition (of which sleep apnoea is one) is not a “qualifying application”, This means the driver cannot take advantage of s88 and must wait for the DVLA to make its decision before resuming driving. The driver’s belief is irrelevant. The fact that a licence was eventually granted may mitigate the offence, but does it does not provide a defence. But this driver didn’t meet the conditions. I explained why in my earlier post. He only meets the conditions if his application does not declare a relevant medical condition. His did. As I explained, after his birthday he did not hold a licence that could be revoked. In my view it doesn’t matter what it says. The offence is committed because his application declared a medical condition. Meanwhile his licence expired and s88 is not available to him. The GP letter would form part of the material the DVLA would use to complete their investigations. But until those enquiries are completed he could not drive. The offence does not carry points or a disqualification (because a licence could have been held by your father). It only carries a fine and the guideline is half a week’s net income. If he pleads guilty that fine will be reduced by a third. He will also pay a surcharge of 40% of that fine. But the big difference is prosecution costs: a guilty plea will see costs of about £90 ordered whilst being convicted following a trial will see costs in the region of £600. -
I'd recommend getting a new thread started about this. Let us help!
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to whom..here? read upload one mass pdf only in date order please too. dx
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what does claim history on mcol say now about dq n180's? and is the address there now correct? dx
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Hey, sorry it is me again. I haven't received any news about the claim at my new address. The deadline was the 28th of May. I have posted the letter with my address change to both the court and solicitors. I am worried that it will get sent to my old address and I have a problem. Should I call the court to find out, or should that be ok to continue waiting? Thanks
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