Driving Licence Revoked on Medical Grounds?

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Driving Licence Revoked on Medical Grounds?

If you have had your driving licence revoked on medical grounds there are certain circumstances in which appealing the DVLA's decision can mean a return to life behind the wheel.

The Secretary of State for Transport holds the ultimate authority for the granting and revocation of UK driving licenses, acting through the DVLA. As with so many areas of the law, the detail of how a driver's fitness to drive is judged is complex, for example with the definitions of 'disability' defined in the Road Traffic Act 1988.

These are broken down as follows:

'disability', which covers disease and drug or alcohol misuse,

'relevant disability', covering prescribed disability and the catch-all; “any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public” and

'prospective disability' which refers to conditions which “...may become a relevant disability in course of time”.

Clearly a degree of interpretation is needed with these, spanning medical diagnoses and, in particular with 'prospective disability' where, unusually, it seems judgements can be made based on events which have not yet taken place.

Loss of a driving license and the resultant inability to drive can have significant impact on your family and social life and, in some cases, make your working life difficult or impossible.

If you feel the DVLA has ruled unfairly, and/or your medical prognosis is erroneous or at least debatable, then you can appeal directly to DVLA or, within six months of revocation, to your local magistrates court.

In either case, it is highly advisable to secure specialist legal assistance to maximise your chance of the fairest outcome.

At Nelson Guest we have over 25 years' experience of dealing with driving matters and we can help unravel the law in the way most relevant to your unique condition and circumstances.

For a friendly, professional initial consultation please contact us on 020 8309 5010.