Over the past 10 years in the UK, an average of over 60,000 people a year have had their driving licence revoked or refused on medical grounds.
Why do people have their licence revoked on medical grounds?
All licence holders have a legal duty to notify the DVLA of any injury or illness that would have a likely impact on their ability to drive safely and must thereafter, respond fully and accurately to any requests for further information from either the DVLA or healthcare professionals.
There are even stricter standards and requirements in place for professional drivers, such as lorry or bus drivers, due to the size and nature of the vehicles they drive.
What is considered when reviewing medical declarations?
When assessing a person’s fitness to drive, the guide for medical professionals states that the driving process “is coordinated by complex interactions involving behaviour, strategic and tactical abilities, and personality”. Safe driving requires a number of elements, including:
Vision;
Memory;
Attention and concentration;
Judgement;
Coordination;
Good reaction times;
Ability to self-monitor; and
Muscle power and control.
Consequently, any injury or illness that affects any of these elements calls into question a person’s fitness to drive and may result in the DVLA revoking or refusing their driving licence.
What are the most frequent reasons a licence is revoked on medical grounds?
There is often a lot of focus on psychiatric disorders, such as dementia, and the impact these may have on a person’s ability to drive safely. There is ongoing discussion on whether mandatory cognitive testing at licence renewal for the elderly should be introduced. Indeed, thousands of drivers have had their licence renewal refused due to a diagnosis of dementia in the past year alone.
However, the most common reasons that drivers had their licences revoked or refused in the past year were alcohol dependency, followed by epilepsy. Whilst those with epilepsy may immediately recognise their ability to drive safely is impacted or may be guided by a medical professional to notify the DVLA of this, those with alcohol dependency may be less likely to notify the DVLA or voluntarily surrender their licence.
In cases involving drivers who are alcohol dependant or misuse drugs, or indeed some with other medical concerns, referrals to the DVLA may come from the police following arrest or other enquiry, or directly from members of the public.
The DVLA can also revoke a person’s driving licence if there is evidence they have a mental health condition that is not stable and which may impact safe driving.
What happens when you declare medical conditions?
Whether you have self-reported an injury or illness that impacts your ability to drive safely, or a third party has reported you, the DVLA will write to you.
Those who have been reported or referred by a third party, such as the police or a member of the public, are likely to be required by the DVLA to arrange and attend an appointment with a medical professional in order to assess their fitness to drive. You will be warned that failure to attend the appointment will result in your licence being revoked on a set date in the future.
Drivers who have notified the DVLA of an injury or illness themselves, will be asked to provide details of a medical professional who the DVLA can contact to obtain further details and an opinion on the person’s fitness to drive.
If the DVLA is satisfied that the person meets the requirements for fitness to drive, they will grant the person’s licence, or allow the person to continue to hold a licence.
If on the other hand, the DVLA is not satisfied that the person meets the requirements for fitness to drive, they will refuse or revoke their licence.
What happens if your licence is revoked on medical grounds and you don’t agree?
If your licence is revoked or refused, you may be able to disagree with the DVLA’s decision by providing further supporting medical evidence showing that you do meet the required standards for driving safely.
If this is not appropriate in the circumstances or is unsuccessful, you can re-apply for your licence at a future date when you can demonstrate, with medical evidence, that you now meet the required standards. In the case of some injuries or illnesses, you may have to demonstrate that this has either not re-occurred or has been stable for a period of 3 months, for example if your licence was revoked following a single episode of a seizure or blackout, or your mental health condition is now stable.
You also have the right to appeal the DVLA decision to revoke or refuse your driving licence to a Magistrates’ Court within 6 months of the decision, but you must notify the DVLA that you intend to do so first.
Whatever the reason the DVLA has revoked or refused your licence and what steps you intend to take next, at LMP Legal we have decades of experience in motoring law. We will be able to provide you with tailored advice and representation in respect of your particular circumstances in order to put you in the best possible position to challenge the DVLA decision, to appeal to the Magistrates’ Court or to ensure that when you do meet the required standards for safe driving in the future, your licence is returned or granted at the earliest opportunity.
Comments