Driving under section 88 while waiting for license

[kate22]

Hi,

After reading several posts on the forum I am under the impression that because I am not a high risk offender, I can drive under section 88 when my ban ends whilst I wait for my licence to come in the post as the dvla have received my application. Is this correct?

The problem is I have rang around a few insurance companies and whilst they said yes we will insure you, the fact I won’t be able to send a picture of my licence in the time scale they ask for means that they will cancel my policy. I’m not sure this is worth risking as god
knows when my actual licence will arrive in the post. I sent the application off mid July, got my passport back off the DVLA in mid August and haven’t heard a thing since!

I have seen a few forum posts of people getting insured under section 88 so I was wondering if anyone knew any insurance companies that do not require a picture of the front and back of the licence when taking out a new policy.

xxx

 

[C J 1980]

Hi,

After reading several posts on the forum I am under the impression that because I am not a high risk offender, I can drive under section 88 when my ban ends whilst I wait for my licence to come in the post as the dvla have received my application. Is this correct?

The problem is I have rang around a few insurance companies and whilst they said yes we will insure you, the fact I won’t be able to send a picture of my licence in the time scale they ask for means that they will cancel my policy. I’m not sure this is worth risking as god
knows when my actual licence will arrive in the post. I sent the application off mid July, got my passport back off the DVLA in mid August and haven’t heard a thing since!

I have seen a few forum posts of people getting insured under section 88 so I was wondering if anyone knew any insurance companies that do not require a picture of the front and back of the licence when taking out a new policy.

xxx

Kate

To the best of my knowledge, as long as you are not a High Risk Offender, you can drive under Section 88 legislation once you pass the expiry date for your ban.

I always recommend having some assurance that the DVLA have recieved your D1, by sending it via recorded delivery and confirming they have recieved the driving licence application.

This is quite important as there is still some onus on us to prove we have applied for the licence and we have done what's necessary to make us eligible for using Section 88.

Insurance companies are sadly a law on to themselves. Given the massive issues everyone is facing with DVLA, a good insurance company should be making allowances with people not having driving licences through no fault of their own.

I would suggest ringing respective insurance companies up, rather than trying to negotiate this issue online. At least if you speak to someone, you can highlight this issue with them and emphasis it is a national problem.

CJ

 

[kate22]

Kate

To the best of my knowledge, as long as you are not a High Risk Offender, you can drive under Section 88 legislation once you pass the expiry date for your ban.

I always recommend having some assurance that the DVLA have recieved your D1, by sending it via recorded delivery and confirming they have recieved the driving licence application.

This is quite important as there is still some onus on us to prove we have applied for the licence and we have done what's necessary to make us eligible for using Section 88.

Insurance companies are sadly a law on to themselves. Given the massive issues everyone is facing with DVLA, a good insurance company should be making allowances with people not having driving licences through no fault of their own.

I would suggest ringing respective insurance companies up, rather than trying to negotiate this issue online. At least if you speak to someone, you can highlight this issue with them and emphasis it is a national problem.

CJ

Thank you CJ! Yeah you’re right perhaps if I ring some more respectable insurance companies I might be in better luck as the companies I have rung so far did not even know what section 88 was and they had to Google it! Thank you for your help, Kate x

 

[XDeepRemorseX]

Hi all,

Just wondering if anyone has obtained insurance with Admiral and drove under section 88 since their disqualification period has ended? If so, were they ok with it? My ban ends in under a month and up to now, Admiral have provided me with the cheapest quote (not with a box) and given the DVLA timescales it is unlikely I will be in receipt of my license by then (Also, I am not a HRO)

 

[kate22]

Hi all,

Just wondering if anyone has obtained insurance with Admiral and drove under section 88 since their disqualification period has ended? If so, were they ok with it? My ban ends in under a month and up to now, Admiral have provided me with the cheapest quote (not with a box) and given the DVLA timescales it is unlikely I will be in receipt of my license by then (Also, I am not a HRO)

Hi,

Insurance companies don’t seem to have a problem with section 88. The problem is the ones I have rang have all said they require a photo of the licence and if they do not get it within a certain amount of days then they will cancel the policy ( this kind of defeats the purpose of section 88 really it’s a bit of a stupid ask when the whole point of section 88 is that we don’t have the actual licence yet)

When I rang admiral yesterday they were the only company so far who said they do not require a photo of the licence and they are ok with section 88. I am going to ring them back later and see if I can get this in writing so they don’t turn around later and ask me for a photo and then cancel my policy.

I would give them a ring and see if they say the same thing to you! It’s all so stressful, I wish the dvla weren’t so bloody useless! Best of luck!

 

[XDeepRemorseX]

Oh really that’s not good at all, it really does defeat the purpose of section 88.

At least Admiral seem fine with it, hopefully it won’t be for too long driving under section 88 and we will get our licenses back. I really don’t like the idea of driving under section 88, as it’s such a grey area, but I don’t feel we should be penalised further due to backlogs from the DVLA, we have all stupidly done the crime (which we all regret) and have done the time, we shouldn’t then have to wait longer . I really feel for people awaiting Medicals, it’s a really unfair system they have in place The DVLA need to look in to changing their criteria i.e allow disqualified drivers to apply online like most of their services or at the very least, allow people to apply for their licenses before the 90/56 days!

Hope your call with Admiral went ok and thank you, best of luck to you too

 

[Honestman]

Hi,

After reading several posts on the forum I am under the impression that because I am not a high risk offender, I can drive under section 88 when my ban ends whilst I wait for my licence to come in the post as the dvla have received my application. Is this correct?

The problem is I have rang around a few insurance companies and whilst they said yes we will insure you, the fact I won’t be able to send a picture of my licence in the time scale they ask for means that they will cancel my policy. I’m not sure this is worth risking as god
knows when my actual licence will arrive in the post. I sent the application off mid July, got my passport back off the DVLA in mid August and haven’t heard a thing since!

I have seen a few forum posts of people getting insured under section 88 so I was wondering if anyone knew any insurance companies that do not require a picture of the front and back of the licence when taking out a new policy.

xxx

Hi In order for you to drive on section 88 your driving licence will need to be issued first by the Dvla, driving on section 88 only applies IF your current driving licence has run out, or you have surrendered your licence to the DVLA and your GP has given you the all clear to drive plus you will need to have a D1 application in DVLA possession, DO NOT DRIVE until your licence has been issued, you could be looking at another ban …..

 

[Gameofnumbers]

Hi,

Insurance companies don’t seem to have a problem with section 88. The problem is the ones I have rang have all said they require a photo of the licence and if they do not get it within a certain amount of days then they will cancel the policy ( this kind of defeats the purpose of section 88 really it’s a bit of a stupid ask when the whole point of section 88 is that we don’t have the actual licence yet)

When I rang admiral yesterday they were the only company so far who said they do not require a photo of the licence and they are ok with section 88. I am going to ring them back later and see if I can get this in writing so they don’t turn around later and ask me for a photo and then cancel my policy.

I would give them a ring and see if they say the same thing to you! It’s all so stressful, I wish the dvla weren’t so bloody useless! Best of luck!

Hi have you tried getting your self as a second driver on your partner’s insurance? Until you get your licence back

 

[Honestman]

Hi have you tried getting your self as a second driver on your partner’s insurance? Until you get your licence back

Hi again Kate, your ban will` end when DVLA issue out your new driving licence, just because your ban will be up doesn't mean you can drive, you need to go through the DVLA application process and for DVLA to make a decision regarding your new driving licence, section88 `only applies to a valid driving licence that has expired, you are applying to get your driving licence back so at the moment you don't have a valid /driving licence and on your new licence will be a DR10 code for drink driving that you will need to produce to your insurance company before you can drive legally......

 

[price1367]

Hi again Kate, your ban will` end when DVLA issue out your new driving licence, just because your ban will be up doesn't mean you can drive, you need to go through the DVLA application process and for DVLA to make a decision regarding your new driving licence, section88 `only applies to a valid driving licence that has expired, you are applying to get your driving licence back so at the moment you don't have a valid /driving licence and on your new licence will be a DR10 code for drink driving that you will need to produce to your insurance company before you can drive legally......

Honest man, whilst that used to be the case, I have it in writing (well an email) from a senior member of staff at DVLA that S88 DOES apply to a non HRO who has reached the end of their ban if the usual S88 rules apply…. i.e. DVLA have received a completed correct application and the GP has no concerns about you driving.

 

[Honestman]

Hi price section 88 does state that:” you must of held a valid driving licence” , ( prior to it expired) question: how can you hold a valid driving licence once you’re disqualified or once your ban is completed you still haven’t held a valid driving licence, how does a driver insure the vehicle without the correct drink driving code (DR10) before your licence is issued, this could render your insurance invalid, good luck to anyone going down that road…..I wouldn’t believe a word what Dvla say ……

 

[Honestman]

Hi price section 88 does state that:” you must of held a valid driving licence” , ( prior to it expired) question: how can you hold a valid driving licence once you’re disqualified or once your ban is completed you still haven’t held a valid driving licence, how does a driver insure the vehicle without the correct drink driving code (DR10) before your licence is issued, this could render your insurance invalid, good luck to anyone going down that road…..I wouldn’t believe a word what Dvla say ……

 

[Recovered22]

View attachment 327

"You have held" is an open ended statement, which can be legally interpreted as having held a valid licence at any point in the past. If it was worded as, "you have held a valid driving licence in the last 12 months" then this would close S88 off from non-HRO drivers, but that's not how the legislation is worded. The DVLA have clarified that once your ban runs out you are no longer disqualified.

So by all means, once this clarification was made by the DVLA a non-HRO driver does meet the criteria of S88 with their doctors support.

 

[Honestman]

"You have held" is an open ended statement, which can be legally interpreted as having held a valid licence at any point in the past. If it was worded as, "you have held a valid driving licence in the last 12 months" then this would close S88 off from non-HRO drivers, but that's not how the legislation is worded. The DVLA have clarified that once your ban runs out you are no longer disqualified.

So by all means, once this clarification was made by the DVLA a non-HRO driver does meet the criteria of S88 with their doctors support.

Ok good luck to anyone trying to insure their vehicle when they can’t produce a licence…..

 

[XDeepRemorseX]

The DR10 code is already presented on the license information even with a ‘disqualified’ status, so insurers would already see that. Although, a person cannot apply for insurance until the disqualification period has ended.

Admiral have already confirmed once the disqualification period has ended they allow convicted drink drivers who are not HRO to drive under section 88 with their insurance policy, providing their doctor can confirm they do not have a condition that effects their ability to drive and obviously, has a correct application submitted to the DVLA.

 

[Recovered22]

Ok good luck to anyone trying to insure their vehicle when they can’t produce a licence…..

I just drove for 11 months on section 88 with Sterling. Admiral group and AXA (at least AXA NI) also have confirmed they insure drivers under S88.

 

[Honestman]

Ok thanks for all comments it seems I stand corrected…. I too have just driven for 6 months on section 88 Lloyds insurance and also stopped by the police…..

 

[Gameofnumbers]

Hi what about the doctor concerns.. is that need to be in writing from your gp ?

 

[price1367]

Hi what about the doctor concerns.. is that need to be in writing from your gp ?

Doesn’t have to be in writing, but check with the GP and ask them to put a note on your file. That will be fine.
What isn’t fine is to say “well my GP hasn’t told me to not drive (because I haven’t asked)” so it is fine.

 

[BigTom]

Doesn’t have to be in writing, but check with the GP and ask them to put a note on your file. That will be fine.
What isn’t fine is to say “well my GP hasn’t told me to not drive (because I haven’t asked)” so it is fine.

I can't recall exactly where, but was an official source, they altered the wording recently (possibly due to Covid) from "Your GP needs to have told you that you are fit to drive" to "Your GP needs not to have told you shouldn't drive" (paraphrased) .

I will keep looking where I saw it, but was a definite thing....