Medical Results - possibly wrong diagnosis

[BazzaS]

The risk here is if DVLA revoke your license. It is then an uphill battle to get it back, and when you do you’ll lose any “automatically granted C1” [if your test pass was pre-1997]

so, you might be better to VOLUNTEER to hand back your license for now, (take a copy of it, front AND back, so any e.g. C1 entitlement doesnt 'disappear'

Then get your medical proof, including a sleep specialists opinion on when your condition is

a) “ adequately controlled", and

b) that they say you are safe to drive.

Then advise DVLA of your assessment, the fact your licence wasnt revoked, that you are applying for your licence back (if need be on a 1, 2, or 3 year renewal medical licence)

 

Why the palaver? because Drivers Meficsl Group take ages (way more than their 18 week target). If your license was revoked you cant drive until a new one is issued (and any pre-99 C1 entitlement will have gone). If your license wasn't revoked but you surrendered it, when you get the evidence to get it back, as soon as you apply you can drive again (in the UK, not abroad), under S.88 of the road traffic act

https://assets.publishing.service.gov.uk/media/64edcf3a13ae1500116e2f5d/inf1886-can-i-drive-while-my-application-is-with-dvla.pdf
 

This is why you may well be better to have a short period of voluntary surrender than the hassle you’ll get if DVLA revoke your license.

1) photocopy anything you send DVLA for when they say they’ve lost it.

2) Send anything special delivery for when they say it wasn’t received (at which point, when you offer proof it was received - see 1))

recorded gets signed for ‘en bloc’, Special signed for individually: hence Special instead of Recorded (for the individual signature rather than the ‘next day’ aspect)

3) Record any calls. They’ll lie (or, at least be mistaken and make errors), saying complaints weren’t made when they were, that a complaint was made but unfortunately missed being recorded, that there isn’t any appeals mechanism, or that appeals are dealt with by the same people so there is no point in appealing. (1st appeal is to Drivers Med Group, 2nd is to DVLA chief exec, next is to PHSO [Ombudsman] via your MP

If they unfairly refuse, you can appeal to magistrates court, but it’s more usual they just “don’t make a decision” for over 6 months - hence why the S88 route is important 

 

 

 

[BazzaS]

Don’t forget : medical professionals shouldn’t report you to DVLA (absent you not having capacity to do so yourself, or deliberately failing to do so)

Because of confidentiality the ideal is they don’t report you. You inform DVLA and the DVLA forms you then complete make it clear you are giving permission for those medical professionals to respond to a DVLA enquiry.

(For info, and I hope it wouldn’t come to it for most sensible people who don’t lack capacity:)

However, if it is clear someone lacks capacity to inform DVLA (so, if they are a dementia sufferer, for example) , they can inform DVLA on the basis the person would do so if they were capable, and there is a clear public interest aspect.

Similarly, if they advise someone who is competent to inform DVLA, and the person chooses not to, they might then repeat to that patient that they MUST inform DVLA, and if that too fails, suggest (for example) a second opinion. If all else fails AND the medical professional believes the person continuing driving represents a risk to others of death or serious harm :  they can inform the patient that they will be informing DVLA (and then do so). Again : on a public interest basis, and trying reasonable alternatives first.

Edited February 26 by BazzaS