DVLA Licence Application and Section 88

Convicted Driver Insurance

ka08

New Member
Hi there just after a bit of advice. My driving ban comes to an end on the 20th November. I am not a HRO, and no medical was required. I completed and returned my D27 form on 07/10/21. This was sent by special delivery, and I have proof of delivery, including signature and printed recipient details.

As yet my cheque has not been cashed. I was able to speak to someone at DVLA, and was advised that I may be eligible to drive under Section 88. I have checked this over thouroughly and am confident that I meet all criterias. I have arranged insurance cover, and my insurers are aware of my conviction.

The question is, am I legally able to drive if my cheque has not been cashed? would this be acceptable if I was stopped for any reason? I am literally terrified that after serving my ban I could jeopardise my licence in any way.

Any advice would be gratefully received.
 
It is up to you, but I would personally wait until the cheque has been cashed which at present is taking around 6 weeks from application.

You also need to ensure you have no medical conditions that would preclude you from driving. I.E that you GP is happy you can drive.
ka08 said:
Hi there just after a bit of advice. My driving ban comes to an end on the 20th November. I am not a HRO, and no medical was required. I completed and returned my D27 form on 07/10/21. This was sent by special delivery, and I have proof of delivery, including signature and printed recipient details.

As yet my cheque has not been cashed. I was able to speak to someone at DVLA, and was advised that I may be eligible to drive under Section 88. I have checked this over thouroughly and am confident that I meet all criterias. I have arranged insurance cover, and my insurers are aware of my conviction.

The question is, am I legally able to drive if my cheque has not been cashed? would this be acceptable if I was stopped for any reason? I am literally terrified that after serving my ban I could jeopardise my licence in any way.

Any advice would be gratefully received.
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Hi ka08,

Like you, I was not a HRO and my ban ended 14th October, I used section 88 whilst I was waiting for my license to be issued by the DVLA. My cheque was not cashed until after my license was issued (27th October) but I had proof of receipt of my application by the DVLA and I also had confirmation from my GP that I was fit to drive. I am insured with Admiral and they were fine with this :)
 
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xDeepRemorsex said:
Hi ka08,

Like you, I was not a HRO and my ban ended 14th October, I used section 88 whilst I was waiting for my license to be issued by the DVLA. My cheque was not cashed until after my license was issued (27th October) but I had proof of receipt of my application by the DVLA and I also had confirmation from my GP that I was fit to drive. I am insured with Admiral and they were fine with this :)
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I maybe wrong but i think your application needs to be scanned onto the DVLA system first to allow your application to kick in enabling section 88 to apply.
 
topchippyles said:
I maybe wrong but i think your application needs to be scanned onto the DVLA system first to allow your application to kick in enabling section 88 to apply.
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I'm not too sure, when I spoke to the DVLA before my disqualification ended, they advised the application is processed the moment it has been scanned on to their system i.e. cheque cashed and license issued at the same time, it doesn't get scanned on and then processed at another time. With driving under section 88, they said as long as I had proof it had been received (sent recorded delivery) that was one of the met requirements for driving under section 88 as well as speaking with my GP regarding being fit to drive. I did take a photograph of my application so I had further proof it had been filled out correctly. I guess the onus is on the individual and if they feel they meet the requirements. I explained the situation to Admiral and they insured me on that basis. It is such a grey area unfortunately and so many people have different perceptions of it :( Thankfully, I received my license 12 days later.
 
Just a bit of an update. I contacted the duty solicitor at the court where I was convicted. He advised me to get clarification from the Police regarding my eligibility to drive using Section 88 RTA. I emailed the Police Officer who actually breathalysed me, and this was the response I got:-

I have checked your driving licence status on the police national computer (the data is supplied by the DVLA) and your licence shows as “expired substantive”



That means your ban has been removed so you are no longer disqualified however as you pointed out your licence has still to be reinstated by the DVLA.



Section 88 RTA is used a lot for a wide spectrum of scenarios. You are correct in saying you would not be classed as a high risk offender due to the alcohol amount you were disqualified for.



I have reviewed section 88 and I agree with you, I do think you meet the criteria as long as you can prove you have applied for and the DVLA has received your application.



I can’t say definitively if you can drive or not but my understanding is you could from reading section 88 RTA and from the circumstances you have provided me.



If you are going to drive then I would do the following:



Inform your insurance company of the circumstances and you using section 88 RTA

Carry your insurance documents with you and any proof of the conversation you have had with them

Carry the proof you have from the DVLA that your application has been received. I have stopped a drive previously using section 88 and they had some form of confirmation from the DVLA however that was medical related.

If you still have any police/court documents with your alcohol level on them to prove you were not in the high risk zone



I hope this has been of some help.
 
ka08 said:
Just a bit of an update. I contacted the duty solicitor at the court where I was convicted. He advised me to get clarification from the Police regarding my eligibility to drive using Section 88 RTA. I emailed the Police Officer who actually breathalysed me, and this was the response I got:-

I have checked your driving licence status on the police national computer (the data is supplied by the DVLA) and your licence shows as “expired substantive”



That means your ban has been removed so you are no longer disqualified however as you pointed out your licence has still to be reinstated by the DVLA.



Section 88 RTA is used a lot for a wide spectrum of scenarios. You are correct in saying you would not be classed as a high risk offender due to the alcohol amount you were disqualified for.



I have reviewed section 88 and I agree with you, I do think you meet the criteria as long as you can prove you have applied for and the DVLA has received your application.



I can’t say definitively if you can drive or not but my understanding is you could from reading section 88 RTA and from the circumstances you have provided me.



If you are going to drive then I would do the following:



Inform your insurance company of the circumstances and you using section 88 RTA

Carry your insurance documents with you and any proof of the conversation you have had with them

Carry the proof you have from the DVLA that your application has been received. I have stopped a drive previously using section 88 and they had some form of confirmation from the DVLA however that was medical related.

If you still have any police/court documents with your alcohol level on them to prove you were not in the high risk zone



I hope this has been of some help.
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Well this is a really helpful response ! 👍
 
The police generally know Zip about S88 entitlement, but in the case of this officer he did seem to make some real effort to understand the issues ivolved.
The only thing missing was that it is not enough to show that DVLA have received the application…. It could be missing the payment or a signature…. It has to have received a correct AND COMPLETE application, which is why showing that the cheque or postal order is good because they do not cash the payment if something is missing.
Perhaps take a copy of the signed completed application and payment method would add to what helps show entitlement for S88.
The officer also does not mention that you should ask your GP to note on their files that they have no objection to you driving, which is another strand of S88.
 
xDeepRemorsex said:
I'm not too sure, when I spoke to the DVLA before my disqualification ended, they advised the application is processed the moment it has been scanned on to their system i.e. cheque cashed and license issued at the same time, it doesn't get scanned on and then processed at another time. With driving under section 88, they said as long as I had proof it had been received (sent recorded delivery) that was one of the met requirements for driving under section 88 as well as speaking with my GP regarding being fit to drive. I did take a photograph of my application so I had further proof it had been filled out correctly. I guess the onus is on the individual and if they feel they meet the requirements. I explained the situation to Admiral and they insured me on that basis. It is such a grey area unfortunately and so many people have different perceptions of it :( Thankfully, I received my license 12 days later.
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Hi , hoping you can give me some advice as I’m in the same predicament as you was. I’m basically paranoid that ‘proof of signed delivery’ is not going to be enough even though DVLA have confirmed this because I’m still coming across a lot of people disregarding this as not ‘completed and correct acknowledgment by the DVLA’ to cover section 88. So did you drive with only the proof being recorded delivery? , I’m aware of the other requirements it’s just this one I am really unsure of.
Any advice would be highly appreciated
X
 
Targent45 said:
Hi , hoping you can give me some advice as I’m in the same predicament as you was. I’m basically paranoid that ‘proof of signed delivery’ is not going to be enough even though DVLA have confirmed this because I’m still coming across a lot of people disregarding this as not ‘completed and correct acknowledgment by the DVLA’ to cover section 88. So did you drive with only the proof being recorded delivery? , I’m aware of the other requirements it’s just this one I am really unsure of.
Any advice would be highly appreciated
X
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Hey.. I was very sceptical in the beginning too because of all the conflicting advice given, but after speaking with several people from the DVLA, they stated that there is no way they can confirm a standard application (essentially, non medical, because medical applications are processed differently) is complete and correct until they process it, which is all actioned at the same time by one person i.e. envelope opened, all enclosed documents uploaded onto system, process application, cash cheque, issue license. The onus is on yourself to ensure the application is sent complete and correct and that you feel confident you meet all the requirements 😊 so in theory, proof of recorded delivery is enough as well as the other stuff which you know about. As I stated, Admiral insured me with no issues under section 88, other than they needed my license check code to see I was no longer disqualified and my breath reading from the police/magistrates report for evidence of not being a HRO.

The one guy I spoke to at the DVLA said if everyone had to wait for confirmation from them that their applications were all submitted correctly, this would defeat the purpose of section 88, as you would then have a full driving license entitlement.. or not, if it’s incorrect 😖

The only advice I can give is that you feel confident that you have done and sent everything correctly and of course, you have a valid insurance policy in place 😊 x
 
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Also just to add, Section 88 states the following:

• DVLA has received your correct and complete application within the last 12 months.

It only states ‘received’ not ‘DVLA must have told you they have received your correct and complete application’ unlike where it states ‘your doctor must have told you that you are fit to drive’.
 
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xDeepRemorsex said:
Hey.. I was very sceptical in the beginning too because of all the conflicting advice given, but after speaking with several people from the DVLA, they stated that there is no way they can confirm a standard application (essentially, non medical, because medical applications are processed differently) is complete and correct until they process it, which is all actioned at the same time by one person i.e. envelope opened, all enclosed documents uploaded onto system, process application, cash cheque, issue license. The onus is on yourself to ensure the application is sent complete and correct and that you feel confident you meet all the requirements 😊 so in theory, proof of recorded delivery is enough as well as the other stuff which you know about. As I stated, Admiral insured me with no issues under section 88, other than they needed my license check code to see I was no longer disqualified and my breath reading from the police/magistrates report for evidence of not being a HRO.

The one guy I spoke to at the DVLA said if everyone had to wait for confirmation from them that their applications were all submitted correctly, this would defeat the purpose of section 88, as you would then have a full driving license entitlement.. or not, if it’s incorrect 😖

The only advice I can give is that you feel confident that you have done and sent everything correctly and of course, you have a valid insurance policy in place 😊 x
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Hey , Thankyou so much. What you’ve said makes perfect sense, I was confirmed by 3 different DVLA operates but just wanted to know from someone that’s actually drove with just that evidence of the signing. I have already put my insurance in place and have told them I am a section 88 driver and they had no problems. Thankyou again hopefully I won’t be waiting to long for a physical licence and I can stop being paranoid haha.Also just to left others know, DVLA also said that if your application gets returned because it is incorrect due to not filling correctly for example then section 88 will no longer apply to you.
 
Targent45 said:
Hey , Thankyou so much. What you’ve said makes perfect sense, I was confirmed by 3 different DVLA operates but just wanted to know from someone that’s actually drove with just that evidence of the signing. I have already put my insurance in place and have told them I am a section 88 driver and they had no problems. Thankyou again hopefully I won’t be waiting to long for a physical licence and I can stop being paranoid haha.Also just to left others know, DVLA also said that if your application gets returned because it is incorrect due to not filling correctly for example then section 88 will no longer apply to you.
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No problem at all 😊 it’s such a grey area, but I’m glad it has put you at ease for driving when your ban is lifted. My license info was updated on 27th Oct and received my physical license 1st Nov, also the payment didn’t leave my account until 1st Nov, so your license will be issued before the payment is officially taken 😊 Hope you don’t have to wait too long for you license and happy driving 😁
 
xDeepRemorsex said:
No problem at all 😊 it’s such a grey area, but I’m glad it has put you at ease for driving when your ban is lifted. My license info was updated on 27th Oct and received my physical license 1st Nov, also the payment didn’t leave my account until 1st Nov, so your license will be issued before the payment is officially taken 😊 Hope you don’t have to wait too long for you license and happy driving 😁
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Defiantly a grey area for sure ! My ban gets lifted Saturday the 27th so very excited to drive again. Thankyou again for your help you’ve been great. Now let’s not ever go through disqualification again 🤣 X
 
Targent45 said:
Defiantly a grey area for sure ! My ban gets lifted Saturday the 27th so very excited to drive again. Thankyou again for your help you’ve been great. Now let’s not ever go through disqualification again 🤣 X
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I bet you’re so excited 😁 yes, definitely don’t want to ever go through this again :oops: if I have a drink now, I don’t drive at all the next day to be on the safe side, because knowing my luck I’d get stopped and blow 36 😭 can’t go back to the peasant wagon life 🤣 x
 
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There is some good discussion in the above posts about S88 and I agree that it can be a minefield.
Let me clarify some points that have been raised.

“S88 only refers to the application having been received, not completed and correct”>

This is what S88 says in the legislation:

b)either—

(i)a qualifying application by the driver for the grant of a licence to drive vehicles of that class for a period which includes that time has been received by the Secretary of State, or

[F4(ii)a licence to drive vehicles of that class granted to him has been revoked or surrendered in pursuance of section 99(2A), (3) or (4) of this Act otherwise than by reason of a current disqualification or of its having been granted in error and he has complied with any requirements imposed on him under section 99(7B) of this Act, and]]

(c)any conditions which by virtue of section 97(3) or 98(2) of this Act apply to the driving under the authority of the licence of vehicles of that class are complied with.

[F5(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—

(a)the requirements of paragraphs (a), (b) so far as it relates

Road Traffic Act 1988

An Act to consolidate certain enactments relating to road traffic with amendments to give effect to recommendations of the Law Commission and the Scottish Law Commission.
www.legislation.gov.uk www.legislation.gov.uk


So in (1) is does indeed only say ‘received’ but is does also say ‘a qualifying application…..’ which means a correct and completed one, including the correct payment.

That is why the S88 guidance document says:

“DVLA has received your correct and complete application within the last 12 months”


I can understand the difficulties pointed out by XDeepremorseX that everything is processed in one go where the application is not involving a medical. He is correct that it would only be at that point that any faults in the application would be found.

BUT imagine for a moment that the person has been driving for 6 weeks, in possession of proof of delivery of the application to DVLA so believing that they are covered, then suddenly they receive a letter from DVLA saying “We cannot process your application because you failed to sign the application (sent the wrong amount) (Ticked the wrong category) (etc) please correct this……”
The S88 entitlement would not just cease from that day, but in fact for the past 6 weeks they have not been covered by S88 and have committed an offence every time they had driven a motor vehicle on a road.

I have seen posts on here in the past where people have sent their application in at the wrong time, failed to sign the form, sent the wrong amount, all of which resulted in the application being returned as not yet processed, which would mean that there had been no entitlement to drive under S88 until the faults were corrected.

I agree that it is a good idea to retain a copy of the application, and a photo of the payment method, and perhaps if the applicant is convinced that the application IS “correct and complete” then they can make a judgement as to if they should use S88 once they can show the application has been received at DVLA, but there is always the odd case where someone has sent £65 in good faith, not realising that they are a HRO, needing a medical and have to pay £90.

The choice on S88 is yours, and so are the potential risks…………
 
I agree Price. The choice should merely be of the individual and that they are 1000% confident they have taken every precaution to ensure they meet the requirements of Section 88 🙂

Also, I just want to point out, I am a 'she' 😄
 
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