D2 and section 88

Convicted Driver Insurance

europhil

Well Known Member
Does section 88 apply to all driving licence categories? Or does it exclude HGV and Coach entitlements?
I'm getting really concerned now. DVLA are really dragging their feet, So i've still not been told which doctor i can go to for my medical.
I havn't had a drink for a long time, So passing the medical won't be a problem.
This DVLA fiasco will turn me to drink.
 
S88 seems clear, as in it says ALL classes of vehicle are covered. BUT, as we have discussed before, goods vehicle and coach entitlements are normally covered by a referral to the TC's, and DVLA say they don't need to do this in your case....
i would ask DVLA to confirm your s88 licence entitlement IN WRITING, to confirm which groups of vehicles you are entitled to drive.
that way, if anything does go wrong, you do not rely on a phone call as being confirmation, where they cannot trace the person who gave the advice.
 
Thanks Price,
That looks like a cunning plan.
Here's what i've sent.

"As DVLA have not as yet sent me details of which Doctor can carry out my medical. In accordance with the road traffic act section 88. I would like to request a letter of entitlement/cover note to drive starting from 19-03-2014. Could you clarify the categories of vehicles so that i can get insurance arranged for when my disqualification ends. Although i have three convictions, Only two resulted in disqualification prior to June 2013, So there is no reason i can't drive from 19-03-2014. I need to get this clarified as soon as possible as i have employment arranged.
Thanks for your understanding in this matter."
 
I think you might be raising things that do not need to be raised in your letter.
The conviction that has given rise to your need to have a medical is the drink drive conviction.
The time to apply for your licence back has been extended from December 1013 by your drive whilst disqualified conviction in March 2013, to March 2014. I seem to recall you saying that you were done for disq. Driving again on October 2013, but that did not lead to a further ban. I would be inclined to not mention the last conviction. Also you have mentioned June 2013, presumably because of the change to the s88 entitlement then, but as I said, your need for a medical arises from your drink drive conviction, and not from (either of) your disq driving convictions.
 
This is the reply they sent me:

I can confirm that the information received by us is waiting for review. As soon as a decision is made, you will be notified of the outcome in writing. If we need to make further enquiries we will also write to you to let you know.

There is a provision in the law, under section 88 of the road traffic act, which could allow you to continue driving whilst your licence is being renewed, as long as you are able to satisfy all of the following criteria:

• The Driver and Vehicle Licensing Agency (DVLA) is in receipt of a valid application, which is less than 1 year old
• You have held a licence previously
• You have the support of your General Practitioner (GP)/Consultant to continue driving
• You are not currently revoked/refused for medical reasons
• You are not currently disqualified by a court
• You drive under the conditions of the licence applied for such as those applicable to provisional licences

Please note: When driving outside the United Kingdom (UK), Section 88 may not be accepted. It is advisable to check with the relevant Licensing Authorities of the country you wish to visit before travelling.

Please accept my apologies for the length of time taken in dealing with your case.
 
I think you have all that, so long as your doctor is in agreement? If so, you will be able to drive when he ban expires.
as to the "waiting for review", I would hazard a guess that they may have contacted your sentencing court (for the drink driving) to clarify if your conviction involved HGV use, as you have applied for your licence back on a D2. That would certainly alter their take on if it should be referred to the Traffic Commissioner. Having said that, it should not stop them sending you the necessary details for you to start the medical process.
 
This is the confusing phrase: "You have the support of your General Practitioner (GP)/Consultant to continue driving."
I don't recall telling them who my GP is. In fact, It's not often that i go to the doctors, So i'm not so sure myself.
However, I do tick all the other boxes. And when i do speak to my GP (whoever he is), There won't be any issues.
 
They are saying that you need to have had a checkup with your doctor, and asked him / her the question: "doctor, do you consider that I am fit to drive, based on what you see in front of you, and what you know about me?"
That way, should you drive under S88 and, heaven forbid, be involved in an accident, you had done your best, short of a DVLA medical, to satisfy yourself that you are fit to drive.
DVLA do not require anything from your doctor at this stage, just that he could confirm that he had no concerns, should they need to check with him in the future.
 
Here's the latest update in the DVLA saga.
I contacted the traffic commissioners office again yesterday, They've still not heard anything from DVLA. They advised me to hound DVLA every day to speed things up.
So i rang them and everything is still being looked at in the medical section.
However, The guy i spoke to said he would send me a section 88 cover note with all categories on it.
I believe the cover note will cover me for 12 months.
The trouble is, I could be out of the country when everything is sorted out and miss my appointment with the traffic commissioner and my medical.
Is there a time limit when i have to get the medical done?
 
They normally give a 6 week window for getting the appointment done for the medical, once they advise you of where to go. I would check with DVLA to be sure.
One thing to point out, a S88 licence should cover you for all the categories that you had before, .... BUT it does not count as a licence for driving abroad, is is viewed as a temporary permit, rather that a 'licence to drive'.
 
I've just recieved my medical details. I have to ring the doctors on Monday to get an appointment which will be the 11th of March. I can't make the appointment yet until the GP has got his paperwork from DVLA.

I also recieved another letter regarding section 88. The important bit for me states:

"If you have held a bus or lorry licence:-
Your bus or lorry licence has not been suspended by the traffic commissioner
Your disqualification from holding a bus or lorry driving licence has not been extended"

"If you choose to drive before a licensing decision is made and asked to produce it, You may show them this letter."

Not a bad result.
 
As you say, a good result....!
You have it in writing so I would take it as gospel and give the traffic Commissioner a wide berth.
 
There's only one thing concerning me now.
Could the traffic commissioner call me in at a later date?
Most legal things have limits. 21 days for this, 28 days for that, and like with DVLA, They have 56 days to deal with driving licence applications.
Is there any limitations with regard to the traffic commissioner?
 
As far as I am aware, the Traffic Commissioner can call someone to a "conduct hearing" at any time when they receive evidence of a persons fitness to hold a vocational licence. That is a general power, that would cover a persons driving, their personal conduct or their health.
Having said that, I have not come across a situation before where a persons' disqualification involved the use of a HGV, and DVLA did not refer the case to the TC. The legislation says that DVLA MAY refer the case to the TC, not MUST refer, just that I have not seen that discretion being exercised. They normally refer, even when the drink drive offence did NOT involve a HGV.
 
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