D2 question

Convicted Driver Insurance

europhil

Well Known Member
I've sent off my D2 HGV licence application, It's been recieved and the cheque has been cashed.
I'll need a medical and the traffic comissioner (TC) will need to decide if i can have the HGV part back.
I've already spoken with the TC and it looks as though everything will be ok. But let's say there are delays with the medical results, The TC's official decision and DVLA.
Will DVLA send me my licence with my cat B entitlement only, Or will i get my cat B and cat C+E, But maybe a letter saying "don't drive Cat C+E until the TC has made a decision"?
 
You will get (hopefully) your 'car' licence back from DVLA for non HGV classes that you had before. it will not include HGV.
The Traffic Commissioner will then have a hearing to decide if you should separately get your HGV entitlement back.
As well as the drink driving, they will consider what other matters you have on your driving licence (such as driving whilst disqualified and no insurance, which is showing that you defy court orders) They will also consider if your offending was connected to HGV use. ( am I right in recollecting that one of your driving whilst disqualified Offences involved you getting employment as a lorry driver during your ban, as well as driving a car? If I am wrong, I apologise)
They balance that with a persons need to follow their profession and earn a living. When they have balanced that against public safety, they will: a. Return your HGV element
b. Refuse your HGV request (exceptional but does happen)
c. Say you can have your HGV back but with a delay of xx months, (you will be told the length of the extra 'suspension') this is common even for 'simple' drink driving offences where the ban is for, say, 18 months or above.
 
She told me that she had decided long ago to extend my DD ban for 4 weeks. But that's been and gone. So the extra for the DD is insignificant now.
As for the driving whilst disqualified, She wouldn't give me a difinitive answer, But understood the circumstances and sympathised with me. But will make a final decision when she receives my application from DVLA.

If DVLA send me my driving licence with just the car entitlement on, Will i have to pay again when she makes a decision if its not done before my ban ends? Or will it just come in the post?
 
Some good news.... You. Only pay the one fee, if your HGV parts are delayed, they are added at no extra cost when they become due to be added. You obviously have to sent your licence awY for this to be done, but there is no charge.
 
Thanks,
It's still about 7 weeks off yet. I'm just waiting for my medical at the moment.
So it's no booze whatsover, and in the gym every morning and every evening.
 
I'm a bit confused and concerned now.
I have spoken with DVLA and the Traffic Commisssioners office today.
DVLA should have contacted the traffic commissioner two months ago to give them time to write to me and ask for a written explanation of my actions or arrange a driver conduct hearing.
The TC's office have informed me that DVLA havn't been in touch yet, But when they do i'll need to go in front of the TC for a conduct hearing to determine if i'm suitable to hold a vocational licence.
However, When i spoke with DVLA, I asked what categories will be on my licence when it's returned (assuming i pass the medical)? They have told me that all categories will be reinstated.
This seemed strange, So i asked if they will be informing the TC? "There's nothing on the screen to say we have to, So we will just send you your licence back with your car and lorry entitlements".
Is it just luck of the draw with these things?:confused:

I've known dome people to get 3 convictions for using a mobile phone and they hear nothing from the TC, Then others have been told to attend a conduct hearing for a first offence.
 
I think DVLA have got it wrong here, this should be for the traffic commissioner to decide.
do I remember rightly that you said you had already discussed your drink drive ban with the traffic commissioner and they said that they would have Ben extending your ban by 4 weeks, so they are already aware of your predicament? What have they said about a hearing for the disqualified driving and no insurance? They do not have to have a formal notification of from DVLA, they can hold a conduct hearing into anything which could be relevant to your holding a Goods Vehicle or PCV licence.
i know it might go against logic to report yourself to the traffic commissioner, but what if DVLA do send you your 'full' licence back, then you get employment, but through your employer the TC learn formally of your disqualifications and points, THEN decide to hold a conduct hearing and suspend your Goods Vehicle licence......
employers have to very transparent these days about the status of the drivers they employ, as it can reflect badly on their O Licence if they have not been up front with the TC about their staff.
 
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You're right, They are aware of my situation.
I contacted them with a view of speeding things up. The decision to extend my ban by 4 weeks was decided but not signed, sealed and delivered. They had to wait for DVLA to officially inform them 4 months before my ban was due to end, This of course didn't happen due to my other convictions.
So i've kept in touch with them, But they must wait for the official DVLA letter before they can action any decision. The decission at this stage is to call me in for a driver conduct hearing. I explained that i'd be happy to arrange a hearing now to get it dealt with. But the rules don't allow it to work that way. Therefore even though the TC is aware of my convictions, It appears that they can't do anything about it.

It must be luck of the draw. I know someone with 2 x using a mobile phone and 1 x tachograph fraud conviction, all within 12 months. He heard nothing from the TC. I got it wrong in my earlier post when i said it was 3 mobile phone convictions.
Another driver i know had to go to a conduct hearing for 1 conviction of using a mobile phone.

Even if i do end up going to a hearing, I'm pretty confident of a decent outcome.
 
Good luck with getting it sorted. Traffic commissioners do recognise that they are talking about your livelihood, so they do tend to be sympathetic. Just take plenty of humble pie with you....... and they especially like to hear about the Drink Drive Rehabilitation Course, and how much it benefitted you.
 
Assuming i end up in front of her, I'm making a list of things to mention.
If you can add to it, or say leave it out, I'm happy to listen.
1) Drink drive rehabilitation course.
2) I've taken some legal advice since my origional DD ban and have been informed that i shouldn't have recieved a disqualification due to the short distance travelled.
3) my origional DD was not on the public highway, although it was a public place.
4) drinking heavily is out of character.
5) family man, married with 3 children, 2 at university and one still at school.
6) traumatic experience in iraq when i lost 3 good mates.
7) witnessed people born with severe deformaties being locked in an asylum whilst delivering humanitarian aid.
8) maybe it was 6 and 7 made me drink more than i normally would.
9) i didn't realise these things had affected me.
10) When driving lorries i have been inspected by vosa roughly once every 2 weeks over a 2 year period with no fines or warnings for tachograph discrepencies, overloading, or load security issues.
11) i have spent time in prison for driving whilst disqualified and feel i have been punished enough.
12) The district judge that sent me to prison explained that she felt there should be some light at the end of the tunnel and i should get back to doing what i do best in march, She therefore did not feel that it was right to extend my ban any further.
 
That is a good list, mostly relevant.
a couple of suggestions:
2. Yes, but just mention it was a short distance to park up, don't say you shouldn't have been convicted, righteous indignation.... Remember - humble pie.
11. Yes, but say SHE might feet you have been punished enough rather then YOU feel....
12 yes, but don't say what you say the district judge said, that will put the TC's back up, it is her decision to make, she will not want to hear that a district Judge is trying to make judgements over her empire!

With all that ( providing it is true of course, never lie....) you should be on the road again.
 
I thought i'd best contact DVLA to double check what i'd get back etc.
The reason :"did i interprate the last call incorrectly"? We can all be guilty of that.
They insist that they will not be contacting the TC and i will get all my categories back.
But there's still no sign of getting an appointment for my medical, and they just say "wait two or three weeks". They said that in December.
I currently have six job offers. I can't make any plans or give any of these potential employers a start date until it's all sorted out. Then there's the problem of the driver conduct hearing.
I could start my new job, Go off to work for up to two months and in the meantime the TC could arrange a conduct hearing in my absence and disqualify me again.
It's a very frustrating time.
 
How frustrating for you!
i am trying to think of a reason for the delay. Can you remind us of the timescale for your disqualifications. If I remember right, you were banned for 3 years odd for drink driving, then done for driving whilst disqualified, then done for that again. When does each one finish? (Were they consecutive or concurrent?)
A high risk drink driver can apply for their medical a maximin of 3 months before their drink drive ban has finished, and drive under s88 as soon as the ban is up, subject to DVA confirming this. (So long as the conviction was before 1st June 2013)
With your drive whilst disqualified ban overlapping the date that you could, in theory, drive at the end of your drink drive ban, I think that DVLA are applying the 3 month rule to the drive whilst disqualified ban, and I am not sure they can do this. I can understand that the medical should be close to when you are going to be back of the road, to reflect your current 'state', but I will have to do some digging to see if DVLA are allowed to delay a medical for drink driving until towards the end of an unrelated ban.
 
My sentencing was as follows:
November 17 2011. Drink drive 30 month ban. Reduced to November 17 2013 by doing drink drive rehab course.
March 18 2013. Driving whilst disqualified for 12 months.
October 2013. Driving whilst disqualified. no further ban, prison sentence.

December 19 2013. D2 application sent to DVLA.
January 7 2014. DVLA confirm reciept of D2 application.

Phone calls made to DVLA December 19 2013 and after reciept of D2 confirm that the TC will not be contacted.
Every step of the way DVLA has said "2-3 weeks" for medical details to come through the post to me. They said that in December and again Yesterday, That's about 5 weeks after they first said 2-3 weeks.
 
I suppose they would not start their 2 to 3 weeks time span until they confirm that they have received your application. I have read here about people waiting 3 weeks just to get an acknowledgement of their application, even without the Christmas period.
3 weeks from 7th January is the 28th, so fingers crossed for next week.
 
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