How to make a complaint about the DVLA medical assessment process

Can I still drive? One year licence expired but new application in.

Convicted Driver Insurance

Pane123

Well Known Member
I was granted a 1 year medical licence in October last year and have sent my papers to apply for a renewal.

However, I don't know whether or not I'm allowed to drive while the application process is ongoing.

At the top of the letter it says "your licence will not cover you to drive from midnight on 29/10/22.

In the column to the left of that box, it says that I can drive" whilst medical enquiries are being made" providing I meet certain conditions, which I do.

I've tried to attach pictures but they won't seem to upload. These bits of text are literally side by side on the first page of the application form, though.

Finally, I sent the forms using recorded delivery and know that they were received and signed for.

Thanks in advance!
 
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MaryM123 said:
I did this last week and my GP was happy to oblige
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Thanks a lot for your response!

What did your GP say or do?

Is it necessary to contact my GP?

Nothing has changed health or drink wise since I got my 1 year licence, so I must meet the standard to drive and the form doesn't say I "must" contact my GP; it says I "should" contact my GP if I'm unsure if I meet the requirements but I'm sure that I do meet them.

Is a letter issued or is just a case of getting the contact with your GP on record?

Did you have to see your GP?

Getting an appointment with my GP is a nightmare, so I won't bother unless it's absolutely necessary.
 
Pane123 said:
Thanks a lot for your response!

What did your GP say or do?

Is it necessary to contact my GP?

Nothing has changed health or drink wise since I got my 1 year licence, so I must meet the standard to drive and the form doesn't say I "must" contact my GP; it says I "should" contact my GP if I'm unsure if I meet the requirements but I'm sure that I do meet them.

Is a letter issued or is just a case of getting the contact with your GP on record?

Did you have to see your GP?

Getting an appointment with my GP is a nightmare, so I won't bother unless it's absolutely necessary.
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I knew my GP’s approval was required so I booked an appointment a few weeks in advanced. We talked about how I had been this last year, my mental health etc and she said she was happy to support me and would make a note to that effect on my records.
You need to do though what you feel best, it is ambiguous on the form.
 
MaryM123 said:
I knew my GP’s approval was required so I booked an appointment a few weeks in advanced. We talked about how I had been this last year, my mental health etc and she said she was happy to support me and would make a note to that effect on my records.
You need to do though what you feel best, it is ambiguous on the form.
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Thanks again.

I moved house and GP surgery recently so have only seen a GP once for psoriasis but my surgery doesn't have a named GP for each patient - you just get whatever GP happens to be available.

I think the form is ambiguous enough not to bother making an appointment.

The form would say "must", rather than "should" if it were necessary to see a GP, or at least that's how I'm interpreting it.
 
The information that the DVLA provides about driving on a Section 88 is very open to individual interpretation.
I felt uncomfortable that the onus was on me to make that decision, as I felt it could be challenged by the Police, or indeed my insurers, should I have to make a claim….after all they could also put their own interpretation on it.
For this reason I let my GP know that I was driving on Section 88. I know him really well, and as it was during Covid, I just dropped off a letter for him, which he did acknowledge.
I’m not a particularly cautious person, but whilst driving on Section 88 I kept my journeys to the minimum, keeping local as far as possible, and also drove defensively.
I have seen on the forum that people have also let their insurers know, which seems a sensible thing to do, though I suppose there’s always the risk that they will say no, or not even know what a Section 88 is.
Thankfully the DVLA seem to be processing applications in a more reasonable time frame now.
 
If you drive under section 88 without getting the green light from your GP (I would suggest asking if there is any reason they don't think you should be driving rather than asking if they think you are OK to drive!), then if you are stopped and it is looked into, you will be driving without a licence, and therefore without insurance. As a side note, you should also be telling your insurer that you are driving under section 88 or your cover could be invalid.

The guidance is ambiguous, but the law isn't.

A letter from the GP would always be preferential, however it isn't a necessity and a note on their system would suffice if it came to it - but you really need to tick this part of the requirements off before carrying on driving.

When in this situation myself, I found it useful to speak to my GP, explain the whole situation and that I would be driving under section 88 (she Googled it!), and asked if she had any reason why she felt I shouldn't be driving. She said no, so I asked if she would just note that on my files. Some people ask the GP to confirm that they are OK to drive, and the GP refuses saying that it is the DVLA's call and not theirs whether you should be driving.
 
BigTom said:
If you drive under section 88 without getting the green light from your GP (I would suggest asking if there is any reason they don't think you should be driving rather than asking if they think you are OK to drive!), then if you are stopped and it is looked into, you will be driving without a licence, and therefore without insurance. As a side note, you should also be telling your insurer that you are driving under section 88 or your cover could be invalid.

The guidance is ambiguous, but the law isn't.

A letter from the GP would always be preferential, however it isn't a necessity and a note on their system would suffice if it came to it - but you really need to tick this part of the requirements off before carrying on driving.

When in this situation myself, I found it useful to speak to my GP, explain the whole situation and that I would be driving under section 88 (she Googled it!), and asked if she had any reason why she felt I shouldn't be driving. She said no, so I asked if she would just note that on my files. Some people ask the GP to confirm that they are OK to drive, and the GP refuses saying that it is the DVLA's call and not theirs whether you should be driving.
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Thank you very much.

I tried to book an appointment this morning but it's first come first served and they were all taken by the time I got through.

I don't know my GP at all but I'll ask if they can put a note on their records and ask for a letter, stating that I meet the requirements of section 88.

Sounds like it would be a good thing to have in my glove box, just in case.
 
Pane123 said:
Thank you very much.

I tried to book an appointment this morning but it's first come first served and they were all taken by the time I got through.

I don't know my GP at all but I'll ask if they can put a note on their records and ask for a letter, stating that I meet the requirements of section 88.

Sounds like it would be a good thing to have in my glove box, just in case.
Click to expand...
Just to be aware as Big Tom rightly points out….GPs aren’t always willing to state that someone is definitely ok to drive ( because in all honesty that’s difficult to prove) and they’d need to know someone really well before committing their professional opinion as being absolute. They seem however to find it easier to say they aren’t aware of any reason why someone shouldn’t drive. This gives a bit of get out clause if things go pear shaped! Understandably no healthcare professional would want to appear to have sanctioned someone to drive, who later becomes a liability.
The very best outcome is for the DVLA to get the act together and issue licences when they are due.
 
Thanks to everyone who responded - every response was helpful.

I had a call with my GP this morning and it is now noted on my medical record that he his happy for me to drive under Section 88.

With a bit of luck, that might even help speed up the DVLA's medical investigation!
 
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