alfa man:
damoq:
But is an occupation like a HGV driver not classed as a notifiable occupation where the doctor is required by law to contact the DVLA if he deems someone unfit to hold their licence on health grounds?
Dont know mate you could be correct, I’m not right up on the legislation.
I’ve looked it up and it seems that it’s not the doctors responsibility based on the confidentiality thing you referred to when you were worried about your mum. Its up to the DVLA to decide based on the info the doctor provides on the D4.
I’ve copied this from a gov website:
Doctors Liability in Certifying Fitness to Drive
The responsibility for determining the fitness to drive of an individual rests with the DVLA. All licence holders have a responsibility to inform the DVLA if they develop a medical condition or if an existing one worsens which may affect their fitness to drive. Doctors may be asked to provide a report for the DVLA, but his will not include an opinion on the patient’s fitness to drive.
The DVLA has the statutory responsibility for certifying individuals as fit to drive Group II vehicles. Doctors are required to undertake no more than the examination and completion of form D4. The form does not ask for an opinion on fitness to drive.
The responsibility for licensing Hackney Carriage and Private hire Vehicle Drivers, and for compliance with local conditions, rests with the local authority. Hackney Carriage and Private Hire Vehicles are not PCV’s under the provisions of the Passenger Vehicles Act 1981, however, doctors may be asked to certify fitness to drive to the satisfaction of the local authority. Doctors may also be asked by their patients to provide a certificate of fitness to drive for an insurance company. Such an examination and certification falls outside a doctor’s NHS responsibilities and may attract a fee.
Doctors providing certificates for local authorities and insurance companies, where they know of no medical condition which would render the patient unfit to drive, should be aware of potential liability.
Third party motor insurance damages are compulsorily payable by insurers who can reclaim costs from others who are negligent. A doctor certifying a person as fit, without due care and skill, or contrary to national guidelines, could be found negligent and be held liable for the costs incurred by the motor insurer.
Doctors facing allegation of this nature may look to their defence organisation in the usual way to provide discretionary indemnity.
CONFIDENTIALITY
All doctors owe their patients a duty of confidentiality. This duty may be enforced by the General Medical Council (GMC). Difficulties may arise when a doctor feels the need to breach confidentiality in the public interest and this may occur particularly with regard to fitness to drive.
The GMC recognises that on rare occasions a doctor may breach confidentiality in the public interest where failure to do so may place the patient or some other person at risk of serious harm or death. In the first instance, the doctor should advise the patient to inform the DVLA of any condition, or deterioration in an existing condition, which may affect the patient’s fitness to drive. However, it may come to the doctor’s attention that the patient may have failed to do so or may continue to drive contrary to the doctor’s advice , pending a determination by the DVLA.
The patient should be challenged, and where appropriate, advised that the doctor will inform the DVLA directly. Only in exceptional circumstances will the doctor inform the DVLA without first warning the patient and/or on the basis that the source of the information will not be revealed by the DVLA to the patient.
The doctor might become aware that the patient’s licence has been revoked by the DVLA, but that he continues to drive. It may be appropriate for the doctor to inform the local police.
Doctors should only breach confidentiality in good faith and after careful thought. Members of a defence organisation are recommended to discuss such cases with a medico-legal adviser in advance.
Notwithstanding the above, when a patient has a serious medical condition likely to make them a danger to themselves and others if they drive, the doctor should confidentially inform a DVLA Medic Adviser without delay (telephone number 01792 783686) where the condition of the patient is such that they are unable or unlikely to be able to notify DVLA (eg demented or psychotic patients).
