Driving before getting the licence back

#1
I know it's been discussed loads of times but just read this info in the DVLA web site:

Driving before your licence is returned

Once DVLA has received your valid application you can drive before you receive your licence as long as you:
  • have held a GB or Northern Ireland licence issued since 1 January 1976 or another exchangeable licence - ok for this, licence is from 2004
  • aren’t disqualified from driving (there are different rules for medium or large vehicles, minibus or bus drivers - the traffic commissioner for your area will decide whether to grant your entitlement to drive these vehicles) - my disqualification ends in three weeks, so does it mean I am not discaulified any more?
  • haven’t been refused a licence for medical reasons or for failing to comply with medical enquiries - no
  • wouldn’t be refused a licence for medical reasons (if in doubt, check with your doctor) - hope not
  • keep to any special conditions which apply to the licence

I am going to give them a ring and find out more but at the moment it looks like I can drive while waiting for medical. Am i right?
 
#2
Bakkara,

Yes you can drive while the DVLA has a valid application and your ban is up. So in 3 weeks time so long as they have received a valid application you will be able to drive.

If they haven't already sent you one, you should request a cover note from them which gives the authority for you to drive while awaiting a medical (this will also confirm the end date of your ban). This can then be shown to the police, should they pull you over for any reason.

I assume you are talking about just a normal car as I'm not sure about larger vehicles (i.e. minbuses/trucks etc).

ses
 
#3
Thanks SES8352! Yes, it is just a simple Vaxhall Vectra, sad but had to sell my Merc ML as there is no chance to insure it for me...
 
#4
I completed the drink drive awareness course a few months ago and will be due to get my licence back on 29th February 2012 (midnight), which is now less than three months away.
I was under the impression one could legally drive as soon as the driving ban had expired as long as the special form had been filed out and submitted to the DVLA to have the licence returned. However, our course tutor gave conflicting information. He said that one should NOT drive until the licence has been returned even if the ban was over. I cannot remember his exact reasons, if he actually explained why.

He also made an important comment about waiting for the DVLA to send you a licence-return form near to the time of the ban completion. He said that more often than not the DVLA do not send out this form and it is up to the individual to obtain one well in advance (at least two months before), fill it out and post it no less than six weeks in advance. This is due to the DVLA taking a long time to process the application and to allow for the possibility of them losing vital pieces of paperwork, including one’s licence.

When my group finished the course, we were all issued with a certificate of completion as well as instructions on how to apply for our licence to be returned. I do not have it to hand at this moment but if I recall, it is best to apply 6-8 weeks in advance to be on the safe side. It may also be wise not to drive a vehicle until either the licence is returned or one at least receives a response from the DVLA to confirm that it is ok to drive.

I could be over-cautious but better to be safe than sorry. You know how the system is...
 
#5
Sounds like you need to talk to someone at the traffic authority to me. They would deal with queries. It might be that your doctor can write something to mitigate your blame, or something to the effect that you will be taking extra finger stick tests despite being on the CGMS. But this is just conjecture, the people who know are those who are going to process your paperwork.
 
#7
My ban ends at the end of this month (February) and, of course, the DVLA did not send me the form for applying to have my licence returned. Three weeks ago I visited the DVLA website and clicked on the link requesting an application form (once again, I forget the name of it!) which I filled out and posted to the DVLA a few days later. I included a cheque for the required fee and also had my address changed (I never got round to changing my home address). Last Friday I received my plastic licence and the paper counterpart through the post. I was surprised that the whole process took just two weeks. Although the ban is not over yet, it is reasuring to know I have my licence back ready to use when the time is up.


I trust this was may have been fluke efficiency but it does pay to get onto it as soon as feasibly possible.
 
#8
Just a quick question with regards to the above.

When you get your license back does the valid from date, state the date your ban is up, or does it state the date you originally passed your test?
 
#9
That is a brilliant question. I have just this moment looked at my licence and it does indeed say valid from the day the ban is over. On my licence it looks as though my calculations were out by one day - I can actually drive one day earlier than I thought! It still expires in 3 years time when I would have had my UK licence 10 years and then need to submit a new photo.
 
#10
DO NOT DRIVE. The reason they send you your renewal form before your ban is up is because they want to let you apply in plenty of time so you are a valid card holding licencee before operating a vehicle.

Section 88 is what a lot of people are referring to in this chain, but this DOES NOT APPLY TO PEOPLE WHO HAVE BEEN BANNED. I called the control room and traffic officers to check and they have confirmed that it will be a road crime and they can issue another arrest and ban for such behavior as well as any insurance already purchased will be cancelled.

You can face a fine of up to £1000, a court case and conviction, a further ban and sometimes a change of risk assessment to a "high risk offender" and have to retake all of your tests again.

A lot of paperwork on Section 88 can seem misleading and get you excited, but that can lead to a very bad outcome because the DVLA are not legally permitted to give any influencing or direct legal advise based on current legislation. This means that their paperwork and pamphlets outline "general guidelines" of the Section 88 in the legislation but do not factor in your case or the views of the Police who will be the ones carting you off at the end of the day.

Another thing to bear in mind is that your insurer and any police that pull you over will require you to prove that there is no reason why you legally cannot be operating a vehicle on a public highway, and they give you 14 days (21 with some insurers) to produce this evidence. Your application for a licence renewal can take three weeks (sometimes more) according to the DVLA wait time outlined on their website and if you call them. This means that there is a large possibility that you cannot prove you are a legally safe driver on their terms and will be taken to court for violating current road laws.

If in doubt call 101 and they give you options to talk to your local police control room who will tell you where the police stand on this matter. No matter what the DVLA say, they always say it is down to your discretion and that they are not giving legal advice because they understand that it is the police that have the final say on if you are arrested for it, and that is a court case no convicted driver needs on their record!!
 
#11
Workerbee112, this is a thread which is over 5 years old. Some of what you say makes sense, except that s88 DID apply to people who had been banned....... but S88, allowing people to drive pending the outcome of their medical, providing that an application had been received, was revoked in June 2013.
 
#12
@price1367 I realise how old it is..didn’t realise there rules as to how new the post had to be in order to comment. I am updating based on current knowledge and I am not sure that is a bad thing as I found myself looking at sites for this info which was not relevant anymore.
 
#13
Problem is that your knowledge isn’t current because S88 DID apply in 2012 to people who had been banned, but even then it isn’t relevant because as I pointed out, it was repealed in June 2013. There isn’t a limit on comments being made on posts but when 5 years have elapsed since the last comment, perhaps such threads are best left in the past
 
#14
Not if people still refer to it and find it online (like I did) and it is up to date info based on now Incase anyone finds it and thinks it’s still sound advice.
 
#15
Workerbee, sorry to be pedantic but which bit of your advice is ‘up to date’? As I pointed out, it was wrong for 2012, and does not apply since June 2013. It would be far better if you want to give information (that is accurate) that you start a new thread rather than find such an old one. The original poster asked if he was able to drive pending the medical outcome. The answer today is different to when it was asked in 2012.
You also mention someone driving before they get their licence back as possibly being reclassified as a High risk offender. That can only happen when you have 2 Drink Drive disqualifications in 10 years, blow 2.5 times or more the legal limit or fail to provide a sample. You cann9t be classifies as HRO because you have been caught driving whilst disqualified or without a licence.
 
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