Need an advice

Convicted Driver Insurance

M0jcy

New Member
i have been banned for driving for 6 months. It is not alchool related.

In July i was having an accident. I lost my conscious. I belive it was because of turning on the air conditioning and some refrigerant leaking (it was regasesd one week before at Kiwik), and after i turn my air conditioning on all four ocupants of the car lost consciousnes in the same time. 3 adults, one child. So it has nothing to do with my health. But DVLA told me that they have recieved medical informations that i was having a blackout and i have to stop driving for 6 months.

My problem is that they can not have other "medical information" but only police report, and ambulance report.

They did not discused with me, and no neurological tests were done.

I know my medical record, back in Romania beeing alowed to travel as a fotographer in fighter jets, at supersonic speed, and up to 9G. Also i was 12 years volunteer first aid responder and i know that leaks from air conditioning can lead to loosing conscious.

How can i fight back and take my licence back as soon as posiblle.

Because the policeman, and the paramedics they don't have the qualification to put a neurological diagnostic.

Excuse my bad english but is not my primary language.
 
As the so,I it or has advised you, your only way to appeal is to go to the magistrates court.
BUT, ina 6 month period I saw reported by DVLA last year, every case that went to court was won by them.
I don’t know how many cases that was, but it shows how hard it is to win an appeal.
you are right that the police and paramedics cannot diagnose a neurological condition, but they will simply have reported that you blacked out whilst driving. That gives DVLA grounds to suspend your licence for 6 months.
You believe that it was from the air conditioning, and from how you describe what happened with your passengers as well then you may well be right.... but just as you say the neurological evidence is flawed, then how do you satisfy the court that it was Halfords fault doing the air con recharge in a faulty way and gases escaped and that caused your blackout?
Do you, or someone else have any evidence of this, not just a belief?
Have you taken action against Kwikfit in court and shown that they did the job wrongly?
Do you have the result of any blood samples taken from you all at hospital showing that you had air con gas poisoning?
Ask the officers or paramedics who attended Your car if they noticed a pungent odour that goes with air con leakage.
I accept that you may well have have a case, but proving it is another matter....... unless you can put forward a strong case then the court is likely to side with DVLA and agree to creep your licence from you for 6 months. (With the Virus situation it could take you 3 months to even get a hearing in court)
 
So with DVLA you are "guilty" and you need to prove your "inocence" from what you are writing. I will wait those 6 months. But in the mean time i will fight for this to not happen to others. Without a proper medical check it is unfair for them to make that decision. From my point of view the decision should be, ban from driving for six months, or until you get a medical check, wich one is earlier.

So it is much easier for them to mess people life, than to do a proper job. Also if you do a medical test closer to the moment, it is more likely to find out what it is happening.

So i belive DVLA did not learn nothing from the last
Parliamentary and Health Service Ombudsman report.
 
Your problem is that DVLA can prove that you blacked out whilst driving - and you admit you did. You are guilty Of being unfit to drive at that time, the issue is why? DVLA err on the side of safety, rather than say “well if it happens again (and someone is killed) we will suspend his licence then.”
You then have a theory what caused it, but no proof, unless you can evidence some of the things that I listed in my last answer.
The medical check that would help you is the one that was done when you went to hospital.
I would suggest that you have some checks done with your GP, now, and again shortly before the 6 months are up. This should satisfy DVLA that you do not have an ongoing problem.

This link shows various Health issues that DVLA investigate. I realise you are saying it was NOT a medical mater that you were affected by, but it would help you if you read it and understand what DVLA will be looking at. It is 136 pages long, but 23-26 are probably most relevand to you:

 
So with DVLA you are "guilty" and you need to prove your "inocence" from what you are writing. I will wait those 6 months. But in the mean time i will fight for this to not happen to others. Without a proper medical check it is unfair for them to make that decision. From my point of view the decision should be, ban from driving for six months, or until you get a medical check, wich one is earlier.

So it is much easier for them to mess people life, than to do a proper job. Also if you do a medical test closer to the moment, it is more likely to find out what it is happening.

So i belive DVLA did not learn nothing from the last
Parliamentary and Health Service Ombudsman report.
You can send further information to the DVLA through their 'further medical evidence' system. This would however probably require you to have scientific proof from a medical professional that this was a one off scenario and was definitely caused by the AirCon gas, and also prove without doubt that the AirCon was to blame, probably with mechanical report to show the gas was leaking.

You have to understand that they have to err on the side of caution regarding health issues, otherwise anyone could just say it was a dodgy prawn sandwich which caused them to black out.
 
You can send further information to the DVLA through their 'further medical evidence' system. This would however probably require you to have scientific proof from a medical professional that this was a one off scenario and was definitely caused by the AirCon gas, and also prove without doubt that the AirCon was to blame, probably with mechanical report to show the gas was leaking.

You have to understand that they have to err on the side of caution regarding health issues, otherwise anyone could just say it was a dodgy prawn sandwich which caused them to black out.
So ipothetically if i send letters with all DVLA employes name on it telling that i suspect a medical condition... DVLA will have to revoke everybody driving licence without medical investigation. Because in the letters to them i was telling them about my suspicion about air conditioning. The bigest problem is not that they suspended my licence, is that they don't took account of what i say. Not even an advice what to do in the case that my suspicion is correct.

This is the real problem.

They don't bother to investigate. That is the biggest issue.
 
That is just a silly comment to make.
Your case is not a Made up letter about someone, it was a factual report from the police saying that you fell Unconscious whilst driving and had a road traffic collision. DVLA quite rightly revoked your licence for 6 months.
You say that there is a reason for you passing out, produce the evidence to DVLA and they may return your licence. ... but if it is only a suspicion that it was air- con gasses, and you have no evidence, why should they return your licence early?
Do you seriously expect DVLA to have your vehicle examined to see if there is an air con fault?
If I was in your shoes I would have the car examined myself, get the blood sample results from the hospital that would back up my theory, submit the results to DVLA so they had proof, not just a wild suggestion, and also sue Kwikfit for negligence.
 
So ipothetically if i send letters with all DVLA employes name on it telling that i suspect a medical condition... DVLA will have to revoke everybody driving licence without medical investigation. Because in the letters to them i was telling them about my suspicion about air conditioning. The bigest problem is not that they suspended my licence, is that they don't took account of what i say. Not even an advice what to do in the case that my suspicion is correct.

This is the real problem.

They don't bother to investigate. That is the biggest issue.
There IS a DVLA grass line, (see https://live.email-dvla.service.gov...+drive+and+I+wish+to+tell+the+DVLA&lang=en_gb ) If someone believes there is an issue with someone else, they can report it. I'm not sure how they follow this up, presume they have some algorithm to weed out malicious reports and/or write to persons GP?!?

You have to look at the facts here though, you WERE blacked out in the car! If all of the DVLA workers that you are going to report were found blacked out, I'm sure their licences would be revoked until they could prove that it wasn't an ongoing medical condition. After the bin lorry incident, the DVLA have to take the worst case scenario and stop you driving until you could prove you are fit to hold a licence.
 
You are not in my shoes. The first thing police asked me is that if i have been drinking alchool or smoking canabis. Because i was dizzy. But both test where negative. When i told them after 20 minutes that i suspect air con or exhaust or something like that because it is imposible to have all 4 blackout in the same moment, they did not bother. Also DVLA should investigate if i was right or wrong. Not me. Because if i am right, and the service did respect al regulation, maybe is a problem with regulations, or with the project of the car, maybe it is needed a recall for all vehicles like mine.

This is the approach that DVLA should have.

But for DVLA is simpler, **** that guy we do not need to move our ass from the office. Just sit quiet and let the sallary come. Also for the police. It does not matter what this guy suspects. We can not make any charges, because he was respecting the speed limit, no alchool, no drugs... we do not need to bother, let's just close the case as soon as posiblle.

Let's do it in the most convineant way.

But what if i am right. How many people could be affected. By poor standards or by a construction fault?

Why should i investigate myself. I do not want money from nobody. I am gratefull that we did not have any scratch.

Why i should spend money, when i pay tax, to be protected by authorities?
 
You are not in my shoes. The first thing police asked me is that if i have been drinking alchool or smoking canabis. Because i was dizzy. But both test where negative. When i told them after 20 minutes that i suspect air con or exhaust or something like that because it is imposible to have all 4 blackout in the same moment, they did not bother. Also DVLA should investigate if i was right or wrong. Not me. Because if i am right, and the service did respect al regulation, maybe is a problem with regulations, or with the project of the car, maybe it is needed a recall for all vehicles like mine.

This is the approach that DVLA should have.

But for DVLA is simpler, **** that guy we do not need to move our ass from the office. Just sit quiet and let the sallary come. Also for the police. It does not matter what this guy suspects. We can not make any charges, because he was respecting the speed limit, no alchool, no drugs... we do not need to bother, let's just close the case as soon as posiblle.

Let's do it in the most convineant way.

But what if i am right. How many people could be affected. By poor standards or by a construction fault?

Why should i investigate myself. I do not want money from nobody. I am gratefull that we did not have any scratch.

Why i should spend money, when i pay tax, to be protected by authorities?
So lets look at a hypothetical scenario:

Someone is found passed out in a car by the side of the road, the police and ambulance come, all drink/drug tests are negative and the person says it must have been that they had a dodgy prawn sandwich at a Manchester United match, they are let on their way and everything is hunky dory.

It turns out that the driver was in fact under the influence of some former 'legal high' or something similar that is not picked up on the tests. The driver goes out another time and takes the same substance, this time they pass out on the motorway at 80mph and crash into a coach load of school kids on their way to the zoo for the day - killing them all instantly.

SURELY the emergency services should have ensured that the driver was not allowed to drive after the first instance until it was found out what caused them to pass out? It is not down to the Police or the DVLA to go to Man Utd to check their prawns. It would be down to the driver to do this and if proven, forward the details to the relevant authorities.

If it had been me in your circumstances, I would expect to not drive until I found out what caused me to pass out. I would have had my car looked at, I would have gone to my GP and ask for tests - everything! I wouldn't expect the DVLA to do it for me.

You have to remember that having a licence is not a given right. You have to earn the right by passing a test, obeying the rules and laws and also being medically fit to hold a licence. It is YOUR responsibility.
 
You need to have a look on the DVLA guidelines for health and having a license. It is not merely alcohol and drug issues that have your license revoked.
Seizures, black outs, eye sight can all contribute to the DVLA revoking your license.

someone who “blacks out” behind the wheel is extremely dangerous, read up on the Bin Lorry driver in Glasgow that killed 6!!!!!!Yes 6 people blacking out behind the wheel.

before you even consider fighting and blaming police, paramedics, the DVLA, the tax man and and every other authority you need to figure out what made you black out. My first job would be go to the hospital and have tests run on you as something isn’t right, it isn’t what you want to hear but technically right now you are a danger holding a license as you blacked out behind the wheel and don’t know what caused it.....
 
So can someone please tell me after been classed as so-called alcohol dependent.. of you go for a C.D.T test and fail.. will dvla 100% revoke your license
 
So can someone please tell me after been classed as so-called alcohol dependent.. of you go for a C.D.T test and fail.. will dvla 100% revoke your license
If you are classed as alcohol dependent and fail the CDT you must prove abstinence for 12 months and no license issued until the DVLA are satisfied. From what I’ve read it’s up to you to prove the abstinence by having liver function tests every quarter. I know once you are labelled dependent it’s a long road back
 
If you are classed as alcohol dependent and fail the CDT you must prove abstinence for 12 months and no license issued until the DVLA are satisfied. From what I’ve read it’s up to you to prove the abstinence by having liver function tests every quarter. I know once you are labelled dependent it’s a long road back
Actually if you are classed as alcohol dependent and PASS the CDT threshold, you will be required to prove at least 12 months abstinence. If you fail, you will be required to prove 12 months abstinence from now before they will reconsider.
 
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