Issues with GP health check

[C J 1980]

Good morning everyone

I wanted to raise a query with the below scenario –

My 12 month temporary driving licence expires on the 21st January 2022. As I will need to do a second DVLA medical, I will be resorting to Section 88 of the Road Traffic Act 1988 until the girls and boys at Swansea get their act together.

I have been in touch with my GP surgery with a view to having some sort of medical check up done so I am okay to drive under Section 88 legislation. The GP administrator has told me this isn’t something the surgery would facilitate. She stated the DVLA usually write to the GP for any requests or information, which we all know happens once the DVLA medical is under way. I am lead to believe the GP surgery I am registered with actually charges the DVLA for releasing information or completing any paperwork for them.

I am merely trying to arrange a basic check up with my GP to ensure I am okay to drive. The GP administrator has said I could consider a ‘private’ medical, but this will entail a charge for the GP’s time. I refuse point blank to fork out money because the DVLA are so inept!!!! Its down to their shambolic delays that I am having to resort to Section 88.

Has anyone any advise that may be useful for me come next month?

Regards

CJ

 

[BigTom]

Good morning everyone

I wanted to raise a query with the below scenario –

My 12 month temporary driving licence expires on the 21st January 2022. As I will need to do a second DVLA medical, I will be resorting to Section 88 of the Road Traffic Act 1988 until the girls and boys at Swansea get their act together.

I have been in touch with my GP surgery with a view to having some sort of medical check up done so I am okay to drive under Section 88 legislation. The GP administrator has told me this isn’t something the surgery would facilitate. She stated the DVLA usually write to the GP for any requests or information, which we all know happens once the DVLA medical is under way. I am lead to believe the GP surgery I am registered with actually charges the DVLA for releasing information or completing any paperwork for them.

I am merely trying to arrange a basic check up with my GP to ensure I am okay to drive. The GP administrator has said I could consider a ‘private’ medical, but this will entail a charge for the GP’s time. I refuse point blank to fork out money because the DVLA are so inept!!!! Its down to their shambolic delays that I am having to resort to Section 88.

Has anyone any advise that may be useful for me come next month?

Regards

CJ

CJ, you don't need an MOT carried out, you don't even need to see the GP, just get them to confirm that based on the details they have, and given that you are already currently driving without any issues, they don't see any reason that you would be unfit to drive.

Very unlikely you will be asked to prove the GP has not declared you as unfit to drive, but best to be safe if push came to shove. As long as they have noted that they don't deem you unfit then as long as the rest of your application is filled in correctly and received by DVLA, then s.88 would apply.

 

[chrism2800]

Big Tom,similar story... as my gp will not offer any decision on this without a letter from dvla,as it's the law (he says),I've screenshot red some information to verify this but can't seem to attach it

 

[BigTom]

Big Tom,similar story... as my gp will not offer any decision on this without a letter from dvla,as it's the law (he says),I've screenshot red some information to verify this but can't seem to attach it

I think the issue is that GP's are unwilling to declare people as "Fit to drive" in case that person does something stupid and the GP could be seen as liable. That is why it is better to ask if they deem you "Unfit to drive" instead. Same outcome, different set of variables. It only needs to be based on what they have in their notes, no need for a physical check, and as long as they put it in their notes, you are covered for s.88 as long as everything else is in order.

 

[paddymax]

Good morning everyone

I wanted to raise a query with the below scenario –

My 12 month temporary driving licence expires on the 21st January 2022. As I will need to do a second DVLA medical, I will be resorting to Section 88 of the Road Traffic Act 1988 until the girls and boys at Swansea get their act together.

I have been in touch with my GP surgery with a view to having some sort of medical check up done so I am okay to drive under Section 88 legislation. The GP administrator has told me this isn’t something the surgery would facilitate. She stated the DVLA usually write to the GP for any requests or information, which we all know happens once the DVLA medical is under way. I am lead to believe the GP surgery I am registered with actually charges the DVLA for releasing information or completing any paperwork for them.

I am merely trying to arrange a basic check up with my GP to ensure I am okay to drive. The GP administrator has said I could consider a ‘private’ medical, but this will entail a charge for the GP’s time. I refuse point blank to fork out money because the DVLA are so inept!!!! Its down to their shambolic delays that I am having to resort to Section 88.

Has anyone any advise that may be useful for me come next month?

Regards

CJ

Sorry to ask this but how do you post on a forum? not something Ive ever done but am really alone right now and need some advice

 

[price1367]

Sorry to ask this but how do you post on a forum? not something Ive ever done but am really alone right now and need some advice

Welcome to the forum!
If you want to post something on here, click on ‘Forums on the top left of the page.
Then click on ‘post thread’ on the top right of the page.

 

[C J 1980]

CJ, you don't need an MOT carried out, you don't even need to see the GP, just get them to confirm that based on the details they have, and given that you are already currently driving without any issues, they don't see any reason that you would be unfit to drive.

Very unlikely you will be asked to prove the GP has not declared you as unfit to drive, but best to be safe if push came to shove. As long as they have noted that they don't deem you unfit then as long as the rest of your application is filled in correctly and received by DVLA, then s.88 would apply.

Big Tom

Thanks for the reply.

I'm going to wait until January, then broach the subject again via the Ask My GP online service.

Depending what answer I get, I'll at least have something in writing that I can keep a tangible record of.

As you have touch upon - alot of GP's prefer to sit on the fence with this and not make an informed decision. Its almost like covering their own backs on the extreme chance the patient commits DUI again and kills a third party.

One forum member on here has mentioned the DVLA have been sending out letters about Section 88 for those of us eligible to use it.

Have you ever received one yourself?

CJ

 

[chrism2800]

Big Tom

Thanks for the reply.

I'm going to wait until January, then broach the subject again via the Ask My GP online service.

Depending what answer I get, I'll at least have something in writing that I can keep a tangible record of.

As you have touch upon - alot of GP's prefer to sit on the fence with this and not make an informed decision. Its almost like covering their own backs on the extreme chance the patient commits DUI again and kills a third party.

One forum member on here has mentioned the DVLA have been sending out letters about Section 88 for those of us eligible to use it.

Have you ever received one yourself?

CJ

I have via email mate

 

[BigTom]

Big Tom

Thanks for the reply.

I'm going to wait until January, then broach the subject again via the Ask My GP online service.

Depending what answer I get, I'll at least have something in writing that I can keep a tangible record of.

As you have touch upon - alot of GP's prefer to sit on the fence with this and not make an informed decision. Its almost like covering their own backs on the extreme chance the patient commits DUI again and kills a third party.

One forum member on here has mentioned the DVLA have been sending out letters about Section 88 for those of us eligible to use it.

Have you ever received one yourself?

CJ

The only letter I have had says that 'you may be able to drive under S.88' but then goes on to say that I have to satisfy myself that I fulfil all of the criteria in the brochure that they sent.

Nothing as straight as "You can drive under S.88" and I'm unsure as whether they would say this anyway as they may as well issue the licence if they are going to say you can drive, they could always revoke it afterwards...

@chrism2800 what did your email say?

 

[chrism2800]

The only letter I have had says that 'you may be able to drive under S.88' but then goes on to say that I have to satisfy myself that I fulfil all of the criteria in the brochure that they sent.

Nothing as straight as "You can drive under S.88" and I'm unsure as whether they would say this anyway as they may as well issue the licence if they are going to say you can drive, they could always revoke it afterwards...

@chrism2800 what did your email say?

Hi mate ,pretty much the same,it was sent in a pdf,7 pages,one of which statesyou need your gp approval of fitness to drive,I tried everything,am I not fit etc?
He said I've been doing this job for 10 years Chris,I'm not allowed to make a medical decision on behalf of dvla or I would..if they write to me,which they won't,I will happily do it,5 seconds!!

 

[chrism2800]

 

[chrism2800]

 

[BigTom]

I understand where they are coming from, DVLA are trying to put the emphasis on the GP, the GP is understandably reluctant to put their neck on the block. In my situation, I called my GP and said "I am reapplying to the DVLA to extend my current licence, they may write to you. Oh, and by the way, is there any reason you would class me as unfit to drive?" The answer was no, so I said can you please put it in my medical notes that I asked you, which she said yes.

Unfortunately, as far as the law is concerned, if your GP doesn't confirm that you are fit to drive (or not unfit to drive) then you CANNOT drive under section 88. Unless you can get the GP to change their mind, or get DVLA to change the criteria, or get the government to change the law, then I can't see any way round this and you would not be able to drive until your licence was reissued.

 

[price1367]

Geoffrey Miller, a specialist firm of solicitors on drink driving, Have produced a questionnaire that can be completed re driving under S88 and if all the answers are correct,, you can generate a PDF form to print off and keep in the car.
BUT, the first question is:

“Has your doctor told you that you are fit to drive?*
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 the ‘Assessing fitness to drive – a guide for medical professionals'.”

DVLA Licence Renewal Calculator - Geoffrey Miller Solicitors

www.motoroffence.co.uk

And as it seems that some Doctors are now being advised to not do this by their Local Medical Committee, S88 driving will become very difficult to achieve. We will have to see if this will become a widespread practice.

 

[C J 1980]

Thanks for the replies here.

This really has the potential to become something of a political s**t storm for the DVLA as there are many thousands of drivers, not just DUI people affected by the current state of affairs in Swansea.

Unfortunately, the knock on effect is that if drivers (like myself) cannot even get a 'yes' from a GP to drive under Section 88 then the fallout could be catastrophic. If I cannot drive until my licence is re-issued, I cannot travel to work 25 miles away, so I lose my job, then my house gets repossessed because I cannot pay my bills.

I would disagree with anyone who suggests I have only myself to blame here because of the DUI offence - that was nearly three years ago now and to be frank I served my punishment for that already.

This is a completely different ball game now where I am potentially left in a very precarious position because of the ineptitude of government organisations.

CJ

 

[chrism2800]

I understand where they are coming from, DVLA are trying to put the emphasis on the GP, the GP is understandably reluctant to put their neck on the block. In my situation, I called my GP and said "I am reapplying to the DVLA to extend my current licence, they may write to you. Oh, and by the way, is there any reason you would class me as unfit to drive?" The answer was no, so I said can you please put it in my medical notes that I asked you, which she said yes.

Unfortunately, as far as the law is concerned, if your GP doesn't confirm that you are fit to drive (or not unfit to drive) then you CANNOT drive under section 88. Unless you can get the GP to change their mind, or get DVLA to change the criteria, or get the government to change the law, then I can't see any way round this and you would not be able to drive until your licence was reissued.

I may change GPs tomorrow,however getting through to mine is a nightmare unless you use patient access,I've posted this thread with Martin Hammond,the solicitor on this site,the DVLA and I'm hoping the call is recorded,said because of the backlog,and if my situation has not got worse,then the onus is on me...and if they need to write to my GP they will,and that's giving them the full information...

 

[NileR]

Thanks for the replies here.

This really has the potential to become something of a political s**t storm for the DVLA as there are many thousands of drivers, not just DUI people affected by the current state of affairs in Swansea.

Unfortunately, the knock on effect is that if drivers (like myself) cannot even get a 'yes' from a GP to drive under Section 88 then the fallout could be catastrophic. If I cannot drive until my licence is re-issued, I cannot travel to work 25 miles away, so I lose my job, then my house gets repossessed because I cannot pay my bills.

I would disagree with anyone who suggests I have only myself to blame here because of the DUI offence - that was nearly three years ago now and to be frank I served my punishment for that already.

This is a completely different ball game now where I am potentially left in a very precarious position because of the ineptitude of government organisations.

CJ

Hi, I do so hope that you are successful in whatever you can do either to get your licence issued or have your S88 issue resolved. I imagine the stress of all of what you said is terrible and I really feel for you.
One of the issues I find really puzzling is that it hasn't been a shit storm already and the whole media has remained virtually silent on the whole DVLA situation - even when there were strikes.
You would expect that the effect of the ongoing delays on people would be a national story and there would be outrage daily with politicians and the PM making statements - even with all else going on with Covid.
I'm not saying anything outrageous or meaning something conspiratorial it's just that I find it very hard to fathom that the whole media seems to be strangely silent overall.
I mean a whole government department that hundreds of thousands of people's lives and livelyhoods depends on is virtually at a halt and is so glued up it is almost stuck solid and nothing on TV or press?
Probably the worst bottleneck we have ever seen.