The DVLA have revoked my car and LGV licences for thd 2nd time
Had a fall earlier in the year and suffered some pretty bad head injuries, including some internal bleeding on the brain. The licences were revoked which was fully understandable.
End of August I finally got the all clear from my neuro specialist and returned to work on the 11th of September. Less than 2 weeks later the DVLA medical board wrote to me explaining they disagreed with my neuro consultant and on the 20th they revoked my licences again.
Their reasons are that in their opinion because of the brain injuries I âmay possiblyâ be at risk of having a seizure. My GP and the consultant disagree with the DVLA but as Iâve found out after battling for the last few weeks the DVLA have the final say and they will not be budged. Even my MP got involved, but this also made no difference on the DVLAs decision in this matter.
So despite never having a seizure in my life, aswell as now being injury free and fit to drive in the opinion of a neuro consultant, the DVLA wonât listen and wonât be budged, âin caseâ I have a seizure. Seems to me the DVLA are just covering their arse here and have pigeonholed me into a box. Easy for them to do, but they have no idea and donât seem to care what impact on somebodies life, their decisions have.
Its just another faceless government agency.
So Iâve tried doing everything the right way, Iâm fit, able and willing to work and have a job to go to tomorrow if I could have my licences back, but still the DVLA donât care.
A couple of people have suggested I apply for my LGV in a foreign countryâ â ?
Anyone heard of this one, or is it just rubbishâ â ?
Can it be done, and if it can is it legal?
Once youâve been in the UK 12 months you have to register your license with the DVLA and exchange it for a UK one. So whilst it may be a temporary way around it it is by no means a guarantee.
But then youâve the problem that you need to have a DCPC to be able to work so to do that youâd have to deal with DVLA again. So at best youâd get car entitlement for 12 months but the LGV license would be effectively worthless for working.
I think the only way you could do it legally would be to move to another EU country. Thatâs assuming you could pass whatever medical checks are in operation in that country. Once you have the licence, you could then move back to UK and continue to drive on the foreign licence for a couple of years (the exact period depends on your age and the type of licence - i.e. car or truck/bus). Thatâs my understanding at any rate.
I know a lad who lost his Hgv licence due to a brain tumour ,he canât get it back for 5 years if at all I believe ,however he now drives a sprinter pick up ,automatic box ,cruise ,speed limited to 59 ,and he still earns nearly as much wages ,with No tacho to think about ,and he actually likes it .
To get another licence in a different country, you would need a UK licence to exchange for the one you want. Or, of course, you could go to another country and apply to take their local driving test and get your licences that way⌠say, in Eastern Europe somewhere.
I wonder if your MP would give you some guidance on sueing the DVLA for loss of earnings?
Would you be entitled to legal aid?
I know this sounds a little crazy, but this was the topic of discussion with one of my colleagues the other day, as something similar happened to him.
We hear of many, many drivers who have been certified as fit to return to driving large vehicles by their consultants, but some faceless, nameless nonentity in the DVLA denies a perfectly competent driver his/her livelihood, wrecking hopes, lives and families in the process
The principle should be simple and QUICK: if two consultants approve a return of the licence, the DVLA should concur, and issue the new licence within two weeks.
If DVLA could be sued for loss of earnings I.e. made ACCOUNTABLE for denying the return of a licence where medical opinion supports the driver, they might be less high handed and arrogant.
I wonder if some of the large organisations - FTA, CPT and publications would support you, as this affects drivers and employers across the LGV/PCV industries.
I am so sorry youâre going through this and I hope you get everything sorted out.
I hope you get it sorted out too mate. A head injury finished my working life and even though I make light of it now, itâs been really hard at times, financially. As LoadsOfHorses says, thereâs some faceless git that decides whether you work or not, not caring as long as their hefty pay packet keeps coming in.
I would go to a Citizens Advice Bureau.Free legal advice then take them to court to challenge the decision.
The neuro surgeon has said ok to drive.Do not let them win.
Dvla medical board.I have visions of a 70 year Doctor who has a practice in a small village and is due to retire so makes a good impression to reject your licence.
Or a young Doctor keen to impress the panel.Challenge their findings.
And ask them for their evidence if they can prove you will have a fit ?
I donât know who actually gets to work in the medical unit of DVLA, but to me whoever they are seems to go against the medical professions guidelines of not slagging off another fellow doctor, which is whats happening here, except the Consultant is more specialised in his field of work and in my opinion should override the GP in Swansea. I would have to take it further maybe by getting written evidence of your fitness to drive, and look at the appeals procedure, I also understand their concern of a driver being behind the wheel of a 44 tonner who may or may not have a seizure, and having that on their conscience. I too have had a run in with DVLA where they took 6 months this year to renew my licence, and though I had international work offered to me, I couldnât do it without a full valid licence so therefore lost out on earnings, and although a driver is allowed to drive whilst his licence is up for renewal, it only covers you for the UK as it is easily traceable, whereas in France for eg, they would not necessarily accept the letter DVLA gives you to continue working, and I didnât want to take that chance.
Good luck with your quest, and I hope it all turns out well for you.
My initial thoughts that if the license has been revoked then it must`ve been done for a good reason ⌠ie: the OP is unfit to drive using a vocational license.
Skirting the system and bypassing the revocation, IMO is about a sensible as someone getting banned for drink driving then driving home from the court and ignoring the ban
peirre:
My initial thoughts that if the license has been revoked then it must`ve been done for a good reason ⌠ie: the OP is unfit to drive using a vocational license.
Skirting the system and bypassing the revocation, IMO is about a sensible as someone getting banned for drink driving then driving home from the court and ignoring the ban
To be fair Pierre, theyâve probably sobered up by then though.
truckyboy:
I donât know who actually gets to work in the medical unit of DVLA, but to me whoever they are seems to go against the medical professions guidelines of not slagging off another fellow doctor, which is whats happening here, except the Consultant is more specialised in his field of work and in my opinion should override the GP in Swansea.
I have only recently received my truck entitlement back from the DVLA also after a five month wait. What you state about the DVLA medical board is truer than you think, apart from the single doctor scenario. My Cardiologist (one of the top at the famous heart hospital at Harefield, Middx) told me that the board have no knowledge of the particular applicant, apart from reading their notes. They cannot see you and know nothing about your demeanour, how you actually look, regarding the pallour of your skin and your general appearance. Whereas he knows me, how I appear and what is going on with my heart. As long as periodic checks are carried out by GPâs for blood pressure and Cholesterol those drivers are as safe as houses He said that in the case of drivers having suffered a heart attack, with subsequent stents fitted, or a bypass operation having been carried out, they are much more a safer bet to have behind the wheel. He would rather see them, than the average tub of lard waiting for his one to happen in charge of a heavy vehicle.
Do fight for your entitlement, do not let the DVLA take away your vocation.
Sadly I just wrote a big reply detailing the failings in the last 5 months not just from dvla but also the DWP and local council.
Sadly as I was posting it my bloody tablet froze and I lost the lot.
Out of character I just lost the plot and the tablet now lies in bits around the front room.
Stupid I know, but sadly thatâs what the last 5 months have done to me.
Broken and giving up!
Several years ago I went for a medical at my own GP. I kew my blood pressure was suspect but I managed a pass without medication. However when it came the the Schnellens test the sun was shining, the chart was on the ceiling and I struggled to read all of the appropriate line.
My licence was revoked until I had eye correction. I went to a proper opthalmic optician who examined my eyes, did many tests and wrote to the DVLA saying that his results were quite satisfactory and I should be given a licence.
Ten years later I dont drive a lorry but would like to ride my motorbike without spectacles, my blood pressure is like that of a 17 year old and my eyesight is way above the modern standard for a car driver. I still cannot have the licence code removed because I failed an eye test all those years ago.
I had the same trouble when they revoked my licence due to my detached retina, my consultant who did the op (one of the best in the country) said I was fine to go back to driving HGVâS however the DVLA didnât think so and revoked my license
They made me do a field test which I failed however I now know they did not give sufficient time from my treatment finishing and allowing my eyes to get better to when I had the field test
So I then asked my consultant if they do me the same field test and he said yes, so I did it at the Hallamshire hospital in Sheffield and missed 1 dot out 120! Well within the standards set by them pricks In Swansea
So he sent the results off with a letter stating there was no reason to revoke my licence and he would back me in fighting the decision. A good few week later I got a letter saying I had to go to Rotherham general for another field test but the Goldmanns field test this time, I went and did it, didnât miss any dots and they sent the results off.
6 week later I got a letter saying the medical department had my evidence and was looking at it however this could take up to 12 week!!! I was fuming and got on the blower saying why it should take so long as the evidence is there in black and white, Iâm losing out in money as the company good on them kept me on in warehouse duties but I was about ÂŁ500 a month down on my wage. I then asked who makes these draconian decisions was it a pen pusher sat behind a desk who has just left school? The reply I hot was," Mr OâBrien I can assure you our medical department is a panel of expert doctors from all over the world and not a pen pusher sat behind a desk. I can also add they have more experience put together than your consultant has"
If the â â â â who I was talking to over the phone was stood in front of me at that time I wouldâve decked the obnoxious prick! My consultant has over 30 years experience in neuro surgery at one of the leading neuro hospitals in the country
I got my licence back after 6 month of battling the toss pots at the DVLA. They donât care one iota whose life they ruin and the carnage, financial ruin and stress the can cause with just a tick of a pen. Something should be done about the system they use but it wonât. Anyway sorry for rambling on and the best of luck to the OP in whatever route he goes down.
Steve, I have many a run in with DVLA, yes 6 months to renew my licence with all the evidence before them. At one time they wrote to tell me I had sleep apnoea, when I phoned them to complain they said it was because in had asked my doctor for some sleeping tablets, I had even been to the hospital to be checked for this condition and it came back negative. I wrote to my MP ( well you donât get much of an answer from them do ya ) I wrote to the director of DVLA asking if hes sheep shagging all day, cos he sure as hell isnât looking at the staff issues, well I got to a point where only insults would calm me down and I sure threw quite a few. And what are they telling you saying they have doctors from all over the world, WTF are they doing working there, probably Africans or Indians who donât have a good grasp of the English language to start with, plus the fact they also told me that because of data protection, they only use the postal system whereby I told them that we now have very modern messaging systems in this country, the Text, and E.Mail which would speed up the outdated process, thank god my licence will last me for another 3 yearsâŚcos that will really be my last.
If your licence has been revoked on medical grounds, it is crucial that you obtain advice from us immediately on your right to appeal against the DVLAâs decision. We will assess your case for any grounds of appeal, and if there are grounds to appeal, then we would make written representations to the DVLA to reinstate your licence. It is important that you do this as soon as possible after receiving any notice as there is a six month time limit on appealing the decision to the Magistratesâ Court.
Written representations will be provided to the DVLA with supporting documents so as to allow the medical panel at the DVLA to determine our representations. If the DVLA adhere to our requests then you will be in a position to re-apply for your licence and be driving once the application is processed. If the DVLA does not adhere to our requests or suggestions then you can appeal directly to the Magistrates Court.
Appeal Medical Revocation to Magistrates Court:
If the DVLA has maintained their stance and they are unwilling to re-instate your licence then you can appeal to a local Magistrates Court. The appeal must be made to the Magistrates Court within 6 months. The Magistrates Court will list an appeal against a medical revocation and it will be for us to show âon the balance of probabilitiesâ that the licence holder is in good health and fit to drive. It will be essential that supporting documents are obtained to ensure the right outcome is achieved. The supporting documents can range from letters from your Doctor, Employer, Colleagues and even family. If the Magistratesâ determine that the DVLA are incorrect in their decision then they can request the DVLA to re-instate the Group 1 or Group 2 licence.
Yes it will cost, any ones guess how much though.
You have to deal with these people the right way, the more evidence of your fitness to drive the better.
