Revocation of a Driving Licence by the DVLA: What You Need to Know
Losing your driving licence due to health-related concerns can be a stressful and life-changing experience. Under Section 92 of the Road Traffic Act 1988, the Driver and Vehicle Licensing Agency (DVLA) has the authority to refuse to issue or revoke a driving licence if they determine that a driver has a disability, relevant disability, or prospective disability that affects their ability to meet the required standard of fitness to drive.
This means that if the DVLA concludes you are unfit to drive due to a medical condition, they may revoke your licence to protect public safety.
Your Legal Obligations as a Driver
The law requires drivers to notify the DVLA if they suffer from any medical condition that could affect their ability to drive safely. Failing to report such a condition is a criminal offence, and continuing to drive after a condition has been diagnosed could also result in prosecution.
It is essential to understand your responsibilities and seek legal advice if you are concerned about your fitness to drive.
How Does the DVLA Learn About Medical Conditions?
The DVLA is committed to ensuring that every driver on the road meets the necessary health and fitness standards to drive safely. They may become aware of potential health concerns in several ways:
- The Police: Concerns raised after an incident, such as a collision or traffic stop.
- Medical Professionals: A general practitioner (GP) or specialist may notify the DVLA following a diagnosis.
- The Courts: Notification after a conviction, particularly for driving offences involving alcohol or drugs.
- Third Parties: Reports from family members, social workers, or others concerned about a driver’s fitness to drive.
Once informed, the DVLA may launch an investigation and decide to revoke or refuse a licence if the driver fails to meet the required health standards. Drivers will typically receive a letter explaining the reasons for the decision and the length of any revocation.
Can You Still Drive During a DVLA Investigation?
In some cases, you may still be allowed to drive during the investigation, depending on your driving history and the specific circumstances. It is crucial to seek legal advice to understand your rights and obligations during this period.
How to Appeal a Revocation Decision
If your driving licence has been revoked, you have options to challenge the decision and potentially regain your licence.
1. Written Representations to the DVLA
You can submit written representations to the DVLA along with medical evidence demonstrating that you meet the required fitness standards.
How we can help:
- We will review the DVLA’s reasons for revoking your licence and gather the necessary evidence to support your case.
- We will prepare a compelling and persuasive submission to demonstrate that you meet the health standards required to drive safely.
- We will include supporting testimonies from medical professionals or other relevant experts.
2. Appeal to the Magistrates’ Court
If the DVLA refuses to reinstate your licence, you have a statutory right to appeal their decision to your local Magistrates’ Court under the Civil Procedure Rules. This appeal must be filed within six months of the revocation.
How we can help:
- We will guide you through the legal process, explaining your rights and the steps involved in the appeal.
- We will develop a strategy to show the Magistrates that, on the balance of probabilities, you meet the required medical standards to drive.
- We will present your case in court, supported by expert medical evidence and legal arguments to maximise your chances of success.
Why Choose Us?
At Lostock Legal, we have extensive experience helping drivers challenge DVLA decisions and regain their licences. Here is why you can trust us to represent you:
- Specialist Expertise: Our understanding of medical and legal fitness-to-drive standards ensures your case is handled with precision and care.
- Comprehensive Support: We provide personalised advice and assistance, guiding you through the process from start to finish.
- Proven Success: We have helped many clients successfully appeal DVLA decisions and regain their licences, protecting their independence and livelihoods.
If your licence has been revoked or you are concerned about your fitness to drive, do not wait. Early legal advice can make all the difference in protecting your rights and ensuring the best outcome.
Don’t Face This Alone – Get Expert Advice Today
Contact us now for a free consultation. Call 0161 383 8855 or request a callback by filling out the form below. Let our experienced team help protect your licence, your freedom, and your future.
Thanks to Alex and his team I’ve managed to keep my driving licence my case was very complex but these guys fought long and hard and got me a very... read more
Imtiaz Ali26 June 2024
I can't recommend Alex Rostron at The Motoring Lawyers highly enough. From start to finish, he provided exceptional legal support, and thanks to his expertise, I was fully acquitted of... read more
Husnain Mohammed30 October 2024
Very helpful with their advice. They didn’t even ask for payment and didn’t mention it.
david malin13 October 2024