How to make a complaint about the DVLA medical assessment process

Asked for medical after 7 years of having licence as dvla forgot

Convicted Driver Insurance

Kev123

New Member
Hello today I got a letter from dvla regarding my refusal of a breathalyzer 15 years ago I never had a licence at the time and now had current licence 7 years now they tell me I have to take a medical or I could loose my licence Due to the fact they didn’t do this when I got my license although I’ve been driving 7 years is this correct? Thinking of legal advice not sure what to do
 
When you were caught drink driving, so when you were banned, the6 created a dummy record for you so that the ban could be put on it when (or if) you applied for a licence.
Presumably when you did apply for a licence, they did not match you up to the dummy licence and issued you with a clear one.
I don’t know why, 7 years later, they suddenly matched the two up.... perhaps you have just moved and told them, or had points to go on your record but in any case they have now matched you up with the ban.
Yes, they can require you to take the medical. As it stands, because you were convicted before 2013, you can submit an application and ask DVLA to allow you to drive pending the outcome of the medical. It is called an ‘authority to drive’. That will at least keep you on the road pending the outcome.
The medical costs in the region of £96. You could be cheeky and say “well it was DVLA that messed up, so the least you can do is give me the medical for free”. and see if they do that!
 
Hello I think they matched it as my work required me to work on a police station and had to get clearance..... the strange thing is I’m still driving and dvla can’t stop me from driving they say it’s just a tick in the box whatever that means
 
That means they are taking the sensible approach and letting you drive pending completion of the medical. BUT, at some point, if they haven’t already, they will set a time limit on the process. The normal window is 6 weeks for High Risk Offenders, not sure what it will be in this case?
 
Yes I have four days from letter to make appointment with medical examiner and to be completed within 6 weeks going to be ringing citizens advice surly the outcome means nothing now and will cost me £350 with a lost days pay and paying for medical and traveling to medical etc could do with out this at the moment
 
You will get no help from citizens advice on this. It is a legal requirement that you complete a medical. The fact that they messed up and it is (very very) late does not mean that DVLA can waive this once they are aware.
Think on the bright side. If you had done the medical at the proper time, there might have been a delay and this could have held up you getting employment then. So you have the same problem as all High Risk offenders, just at a different time... - just trying to make it seem better for you.
 
Yes I have four days from letter to make appointment with medical examiner and to be completed within 6 weeks going to be ringing citizens advice surly the outcome means nothing now and will cost me £350 with a lost days pay and paying for medical and traveling to medical etc could do with out this at the moment
price1367 said:
You will get no help from citizens advice on this. It is a legal requirement that you complete a medical. The fact that they messed up and it is (very very) late does not mean that DVLA can waive this once they are aware.
Think on the bright side. If you had done the medical at the proper time, there might have been a delay and this could have held up you getting employment then. So you have the same problem as all High Risk offenders, just at a different time... - just trying to make it seem better for you.
Click to expand...
 
I would agree with Price on this one. You were never granted a medical licence and so are still disqualified under S94.

As price says normally you would be allowed to continue to drive under S88 until you have a medical. I think if you push it you may find the DVLA simply say they are imposing the HRO disqualification after an earlier disqualification, thus exempt from S88, and revoke your licence entirely until you have the results from your medical.

That would be slightly legally dubious however the DVLA tend to have a unique interpretation of the law that highly favours covering up their errors. You might win, you.might get a few £hundred in compensation if you make a formal complaint. However, that's not going to be much consolation if you don't have a licence whilst they sort it out.

Unless you think you won't pass the medical it will be the route of least resistance. It only takes about 30mins so no need to miss a whole day of work.

For what it's worth any case like this which is highly unusual is difficult to advise on and the CAB probably aren't up to the job. If you want to challenge it call a motoring solicitor - most will give you a free initial consultation. However, I think there isn't much you can do, by your own admission you are still disqualified under S94A and just because the DVLA messed up it doesn't change that fact.
 
I’ve got six weeks now I’m appealing it threw dvla which is the first step they will reply in 10 days I’ve already got the ombudsman for the dvla on my side if I need them depending on the outcome and also my local mp the facts are that I’ve been to court for this been band for a year paid fine now they’ve added dr30 to my licence which is spent I’ve driven for seven years now no points driving offences etc so my question which nobody at dvla will answer is what will the test prove after seven years and the relavence of the test I’ll keep you posted cheers
 
There is no real relevance, just that it is a legal requirement.... your problem is that common sense says there is no point in the medical, but the law and common sense often go in opposite directions.
BUT, the DR30 should not show on your driving record as it is 15 years old. Are you saying that it shows up when you do an online driving licence check?
 
Yes it’s a difficult one and the people at the dvla haven’t dealt with this before so there not taking the circumstances in to consideration all I can do is try and if not then I’ll have to do medical I’ve nothing to hide and yes it’s on my licence now but says spent the joys of driving
 
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