1 Year restricted licence: Is it worth appealing?

[Dave1963]

Hi, I have gained some useful information from this forum but my case is complicated and now I am hoping there is some expertise for this problem.
I have just received my licence which is restricted to 1 year on medical grounds. Here is the background: I was banned in 2007 1 year, lost my job, home and relationship, I developed a serious drinking problem and went into treatment in 2008. After being sober 7 months, applied for licence and told them about rehab but was refused because I needed a year. I relapsed on and off till 2011 and had my last drink may 2012. So I am 2 1/2 years without a drink and it seems unfair to give me a restricted licence which apart from whacking up my insurance could stop me getting back to work as a service engineer. I did not even get stopped for anything other than information received (dobbed in) and had a clean record prior to that. This seems punitive to me? Is that grounds for appeal? Is it worth appealing?
Sorry for the long post any help would be greatly appreciated. Thanks

 

[price1367]

Dave,
you cannot appeal to DVLA against their decision. The only option you have is to appeal to the Magistrates Court, but to do this you would certainly need legal representation, and from a firm that have experience in this field. Appeals are not common, and the few that are made are usually against a refusal to grant a licence altogether, not to issue a 12 month licence.
in your case, whilst I applaud what you have done to turn your life round, you have to realise that DVLA look at a 3 year history where there have been episodes of Rehab. That is why they took the view that they would let you drive, but on a temporary basis. If everything goes well for you in your life, I would expect them to issue you with a full licence after a year is up.
it would be easier to demonstrate to the court that DVLA have been unreasonable to issue with a licence at all that to claim that they have been unreasonable to let you drive, but have a further review after a year. This does show that they have carefully considered your case and opted to let you back on the road, therefore they HAVE taken a balanced view. This is only my opinion.... But it will cost you a lot of money to find out if I am wrong. Is the cost worth it?

 

[Peter L]

Dave,
you cannot appeal to DVLA against their decision. The only option you have is to appeal to the Magistrates Court, but to do this you would certainly need legal representation, and from a firm that have experience in this field. Appeals are not common, and the few that are made are usually against a refusal to grant a licence altogether, not to issue a 12 month licence.
in your case, whilst I applaud what you have done to turn your life round, you have to realise that DVLA look at a 3 year history where there have been episodes of Rehab. That is why they took the view that they would let you drive, but on a temporary basis. If everything goes well for you in your life, I would expect them to issue you with a full licence after a year is up.
it would be easier to demonstrate to the court that DVLA have been unreasonable to issue with a licence at all that to claim that they have been unreasonable to let you drive, but have a further review after a year. This does show that they have carefully considered your case and opted to let you back on the road, therefore they HAVE taken a balanced view. This is only my opinion.... But it will cost you a lot of money to find out if I am wrong. Is the cost worth it?

Dave,

I am in a similar position - I have just had my medical and am waiting for the go-ahead. I was thinking that I would be given an unrestricted licence after quitting for over a year (as was necessary as my previous application was revoked), but now I am not so sure. To be honest, I don't think I have the will to contest anything more with this department after the delays in the last few months, and will just accept whatever I get and keep my nose clean.
I do think you have been a bit hard done by, but like you I have a history of relapsing so I suppose they are just covering themselves.
This is for another debate, but I do think more input should be asked from your GP, as only they and not the independent doctor has a clear picture of the past few years in terms of your suitability to drive. The independent medical is just really ticking the boxes, apart from the blood test.
Anyway, well done for getting through things and best of luck

Peter

 

[Dave1963]

Thanks Peter and Price, I think I will just be thankful that I am getting back on the road and have to accept things in the knowledge that I will fly through the next medical. My initial reaction was because the DVLA have been such a pain to deal with and this application took 7 months plus it will cost me for the next re application. Thanks for your input and good luck Peter with your licence.
Dave

 

[Peter L]

Thanks Peter and Price, I think I will just be thankful that I am getting back on the road and have to accept things in the knowledge that I will fly through the next medical. My initial reaction was because the DVLA have been such a pain to deal with and this application took 7 months plus it will cost me for the next re application. Thanks for your input and good luck Peter with your licence.
Dave

Hi,

As suspected, I was given a 1 year temporary licence last month and will have to re-apply next Autumn when the DVLA send me some forms. They say they will need to review my fitness to drive, but this should be no problem.

I was wondering if:

- I will need to have and pay for another medical.
- Will I have to pay another licence fee?
- Hopefully I will be 2 years teetotal by then, but as they go on the medical history from the last 3 years, could they still only give me another 1 year licence?

Maybe I will just have to wait and see. Anyway for the moment I am enjoying driving again after more than 5 years away.

Have a great New Year1

Peter.

 

[Dave1963]

Hi,

As suspected, I was given a 1 year temporary licence last month and will have to re-apply next Autumn when the DVLA send me some forms. They say they will need to review my fitness to drive, but this should be no problem.

I was wondering if:

- I will need to have and pay for another medical.
- Will I have to pay another licence fee?
- Hopefully I will be 2 years teetotal by then, but as they go on the medical history from the last 3 years, could they still only give me another 1 year licence?

Maybe I will just have to wait and see. Anyway for the moment I am enjoying driving again after more than 5 years away.

Have a great New Year1

Peter.

Hi Peter,

Congratulations on the licence! I think you and I will have to pay for a licence application and the medical! It is very unfair I think, but we have no leg to stand on. I am also just enjoying the freedom and resigned to the extra costs. Happy new year.

Dave