DVLA medical for high risk offenders

Convicted Driver Insurance

Megawebs

New Member
My question is because my conviction pre dates the legislation 1/6/2013 can I appeal against taking a further medical.

I was convicted of ‘Failing to provide a specimen for analysis’ (Driving or attempting to drive) on 4[SUP]th[/SUP] April 2011; I was fined £300 and disqualified for 20 months reduced if course completed.
The disqualification period ended 4[SUP]th[/SUP] December 2012 because I did not go on course (at the time I had no intention of driving again).
My circumstances have changed in that my mother who I care for can no longer drive due to dementia. I therefore applied for my licence in January 2017.
I am disabled and receive PIP at the higher rate for mobility, I have had to go over various hurdles and have recently attended my GP at request of DVLA who has confirmed to DVLA that I am fit to drive.
Yesterday I have received a communication from the DVLA requesting a further medical examination which, I am expected to pay for.
The letter refers to a “medical exam for high risk offenders” I have researched this online and found that new legislation came into effect on the 1[SUP]st[/SUP] June 2013. I have never been informed that I was a HRO nor did I receive a communication 90 days before my disqualification ended.

NOTE: The new legislation DOES NOT APPLY where the conviction in respect to which the disqualification was ordered was imposed before the date on which the new legislation commences. The new legislation commences on 1st June 2013. The new legislation will apply to any relevant convictions on or after this date.
 
Someone in your situation maybe legally entitled to drive (pursuant to section 88 of The Road Traffic Act 1988) upon expiration of their driving disqualification and before taking and passing the DVLA medical examination if a qualifying driving licence application has been received by the DVLA.

This means that it may be that you are eligible to drive whilst any medical investigation process is ongoing as long as you meet the following criteria pursuant to section 88 of The Road Traffic Act 1988:

· Your doctor must have told you that you are fit to drive
· You have held a valid driving licence and onlydrive vehicles you are qualified to drive.
· If you hold a Group 2 (bus or lorry) licence, yourlicence has not been suspended, revoked or suspended by a traffic commissioner.
· You meet any conditions that were specified on yourprevious licence – for example, if your licence said you must wear glasses todrive, you must continue to wear them while driving.
· You have sent a correct and complete application tothe DVLA within the last 12 months.
·
Your last licence was not revoked or refused formedical reasons.
· You are not currently disqualified from driving bya court.
· You werenot disqualified as a high risk offender on or after 1 June 2013.

The above is outlined by DVLA guidance, found here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/606006/inf188-section88-advice.pdf



DVLA guidance further states that you can continue todrive pursuant to section 88 RTA 1988 until any of the following might apply:

· You receive your newdriving licence, (as that will cover you to drive).
· You receive a letter from the DVLA explaining that your application has been refused, or that yourlicence has been revoked.
· Your application is more than a year old.
· You have been disqualified from driving since your application was sent to the DVLA.

The DVLA will still carry out medical assessmentthat you are liable to pay for. The requirement to satisfy the medicalrequirements of the DVLA after being categorised as a High Risk Offender hasbeen there since the scheme was introduced in May 1983.

The main change to the position after 1 June 2013 was the change to section 88
of The Road Traffic Act 1988 which effectively took away the right to drive pursuant to that section where categorised as a High Risk Offender due to aconviction on or after that date.

Since its introduction in 1983, a medical assessment has been required by the DVLA before full licence can be issued inthe case of a High Risk Offender.
 
Last edited:
Enter code DRINKDRIVING10 during checkout for 10% off
Top