How to make a complaint about the DVLA medical assessment process

section 88 high risk offender

Convicted Driver Insurance

splodger

Well Known Member
I lost my licence as an high risk offender approx. 4 years ago, 18 months ban. I've been driving on a 1 year licence for the last 3 years my licence ran out on 28 April this year. I sent my forms back dvla stating I was dry and hadn't drank in the last 12 months and so did my doctor, he sent his forms back stating I was dry and that I was ok to drive. This was all before covid and I have not received my new licence. they don't answer phones anymore and they have not responded to email either. In the past I always thought I could drive under section 88 but now reading the criteria it appears I cant because lost my licence after 2013.

Am I reading it correct then that I now cannot drive until I receive my licence?

www.gov.uk

Can I drive while my application is with DVLA? (INF188/6)

A guide to the rules for driving while waiting for your licence.
www.gov.uk www.gov.uk
 
The DVLA won't give you official word. BUT the DVA NI (the DVLA's office in NI) gave me the official line, you are considered HRO until the point that you successfully complete your HRO medical. After that point you are considered to be a medical renewal and the normal rules apply to you. I confirmed this with my GP who stated you can not use a section 88 while you are waiting for your licence to come after a ban while you are being medically investigated as a HRO after 2013, but once you satisfy the DVA (DVLA) of your fitness to drive at your HRO medical the following year or years you may use the section 88 system.

Armed with a recording of what the DVA told me, and that in writing from my doctor I emailed my solicitor who dealt with my court case and they confirmed that this is the case.
 
You were right the first time.... if you were convicted as a HRO after June 2013, the S88 get out does NOT apply. You licence renewal is a continuation of the medical investigation into your HRO status.
 
price1367 said:
You were right the first time.... if you were convicted as a HRO after June 2013, the S88 get out does NOT apply. You licence renewal is a continuation of the medical investigation into your HRO status.
Click to expand...

Price the medical section of the DVA in NI have told me other wise, could this be another case of one set of rules for NI another for the mainland?
 
That could well be the case....
the leaflet on driving under S88 is clear, it says you CAN drive under S88 providing ALL the criteria have been met,
To continue driving under Section 88, you must meet ALL of the following criteria: (my capitals)

and the last one says:

“You were not disqualified as a high risk offender on or after 1 June 2013 (a high risk offender is a driver convicted of a serious drink driving offence).”

I take this literally, so if in 5 years time (2025) someone has a medical condition, let’s say diabetes, stops driving for a while and then sends in a fresh application, they COULD drive under S88 while DVLA investigate their medical condition..... but the actually CANNOT drive under S88 because in 2015 they were convicted as a High Risk Offender.
The legislation does not put a timeframe or a context on the application, it simply says that if you have been convicted as a HRO since June 2013, S88 is not available to you, it doesn’t say if the current situation is that you ARE HRO, so it means if you EVER have been.

i would be very wary of relying on a phone advice from DVA to drive under S88 as being safe in the rest of the UK.
 
price1367 said:
You were right the first time.... if you were convicted as a HRO after June 2013, the S88 get out does NOT apply. You licence renewal is a continuation of the medical investigation into your HRO status.
Click to expand...


Cheers, did you read the bit about delays in issuing licences, do you not think that applies to me as long as my GP says I’m ok to drive?
 
price1367 said:
That could well be the case....
the leaflet on driving under S88 is clear, it says you CAN drive under S88 providing ALL the criteria have been met,
To continue driving under Section 88, you must meet ALL of the following criteria: (my capitals)

and the last one says:

“You were not disqualified as a high risk offender on or after 1 June 2013 (a high risk offender is a driver convicted of a serious drink driving offence).”

I take this literally, so if in 5 years time (2025) someone has a medical condition, let’s say diabetes, stops driving for a while and then sends in a fresh application, they COULD drive under S88 while DVLA investigate their medical condition..... but the actually CANNOT drive under S88 because in 2015 they were convicted as a High Risk Offender.
The legislation does not put a timeframe or a context on the application, it simply says that if you have been convicted as a HRO since June 2013, S88 is not available to you, it doesn’t say if the current situation is that you ARE HRO, so it means if you EVER have been.

i would be very wary of relying on a phone advice from DVA to drive under S88 as being safe in the rest of the UK.
Click to expand...


So I should not drive then until I receive a licence, even with the bit about current delays?
 
The bit about current delays says do not even apply at the moment, unless you are a key worker
 
Mine and my doctors info went back to them in February. So they have the relevant info to say I can drive. I can see that section 88 doesn’t cover me. But the way I read I can still drive due to the delays because my doctor says I’m fit to drive.

I can’t see where I would be wrong in thinking that?
 
The only entitlement to drive if you have an expired licence is under section 88... and you do not qualify if you have a HRO conviction since June 2013 so on what basis do you think you can drive?
 
When I read this it appears to me they are saying as long as your doctors says your ok to drive you can, it does not mention section 88. Has it is I may not get my licence for untold time due to covid. I see it in the way they have deferred mot’s and released prisoners early. What I was going to do is print that it off and get a letter from my doctor saying I could drive then put them in my wallet in case got pulled over. I never know when I will be able to communicate again with Dvla or when they will send the licence. They have had all the info saying I am safe to drive from me and my GP. And this was the last year of my 3 x 1 year licences so I was expecting to get my full licence. Surely they are not stopping people like me driving through no fault of there own?

Delays in issuing licences
Applying for renewing a driving licence with a medical condition
We are currently facing delays in issuing driving licence renewals for drivers with a medical condition.

This is because, with NHS staff rightly focused on the nationwide response to Coronavirus, if you have a health condition requiring further information or examinations, there are likely to be significant delays before NHS doctors, consultants or opticians are able to provide us with the information we need to be able to make a licensing decision and send you a new driving licence.

Providing you have a current driving licence and you have not been told by your doctor or optician that you should not drive, you will be able to drive while DVLA is considering your application.

Road safety is our top priority and by law, all drivers must meet certain minimum medical standards and drivers must ensure they are medically fit to drive. All drivers must notify DVLA of the onset or worsening of a medical condition. Check if a health condition affects your driving.
 
Looks clear to me

To continue driving under Section 88, you must meet all of the following criteria:

You were not disqualified as a high risk offender on or after 1 June 2013 (a high risk offender is a driver convicted of a serious drink driving offence).
 
peter_m said:
Looks clear to me

To continue driving under Section 88, you must meet all of the following criteria:

You were not disqualified as a high risk offender on or after 1 June 2013 (a high risk offender is a driver convicted of a serious drink driving offence).
Click to expand...


So your saying the latest advice on delays in issuing driving licences does not apply to me and I should not drive?
 
peter_m said:
you lost your licence through drink/drive... how is that not your fault? I despair ....
Click to expand...

Yes I understand in that respect it is my fault I lost my licence but now the system has stopped functioning through covid is not my fault is what I mean. Did you read the latest bit about delay in licences being issued because I think that may allow me to drive, I don’t know because as usual dvla are very vague, if they said this does not alter HRO and section 88 I would understand and not drive but it doesn’t.
 
splodger said:
Yes I understand in that respect it is my fault I lost my licence but now the system has stopped functioning through covid is not my fault is what I mean. Did you read the latest bit about delay in licences being issued because I think that may allow me to drive, I don’t know because as usual dvla are very vague, if they said this does not alter HRO and section 88 I would understand and not drive but it doesn’t.
Click to expand...
You have had the advice... good luck
 
The issue is that you are NOT a driver with “a medical condition” you are (or have been since June 2013) a High Risk Offender so that advice is not valid for you.
 
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