MEDICAL REVIEW

Convicted Driver Insurance

JayJay46

Well Known Member
OK, I sent my DVLA MEDICAL REVIEW QUESTIONNAIRE back in September 2019, they wrote to my GP and they have had those documents since 24 October 2019 so basically 5 months, I today receive a letter (Progress Update) advising me they have written to my GP and it can take 6 weeks to receive a reply. I have forwarded a complaint due to the fact they have had these forms for 5 months and am I am currently driving under Section 88 of the Road Traffic Act 1988 and can only do this for a period of 12 months, this is bloody ridiculous - what do they do up there at the DVLA sit about twiddling their thumbs
 
Interesting ? first time I’ve heard of a section 88. Does that mean a HRO who is in the process of applying for their early return of their licence (section 42) can drive as soon as reapplying with DVLA (if the court grants licence back of course)?
 
No, I have pasted when you can drive on Section 88, although I was a HRO I was issued my licence back at the end of the disqualification after my DVLA medical - because I was re-issued it on a 1 year basis and have to undertake a further review at the end of that 1 year, whilst my application for review is with the DVLA I am permitted to drive under Section 88 Road Traffic Act for 1 year.

To continue driving under Section 88, you must meet all of the following criteria: • Your doctor must have told you that you are fit to drive. If your doctor is unsure about how a medical condition affects driving, they should refer to ‘Assessing fitness to drive – a guide for medical professionals’ at www.gov.uk/dvla/fitnesstodrive • You have held a valid driving licence (see *below) and only drive vehicles you have applied for on your current application and were entitled to drive on your previous licence. • If you hold a Group 2 (bus or lorry) licence, your entitlement has not been suspended, revoked or refused by a traffic commissioner. • You meet any conditions that were specified on your previous licence that still apply. • DVLA has received your correct and complete application within the last 12 months. • Your last licence was not revoked or refused for medical reasons. • You are not currently disqualified from driving by a court. • You were not disqualified as a high risk offender on or after 1 June 2013 (a high risk offender is a driver convicted of a serious drink driving offence).
 
No, I have pasted when you can drive on Section 88, although I was a HRO I was issued my licence back at the end of the disqualification after my DVLA medical - because I was re-issued it on a 1 year basis and have to undertake a further review at the end of that 1 year, whilst my application for review is with the DVLA I am permitted to drive under Section 88 Road Traffic Act for 1 year.

To continue driving under Section 88, you must meet all of the following criteria: • Your doctor must have told you that you are fit to drive. If your doctor is unsure about how a medical condition affects driving, they should refer to ‘Assessing fitness to drive – a guide for medical professionals’ at www.gov.uk/dvla/fitnesstodrive • You have held a valid driving licence (see *below) and only drive vehicles you have applied for on your current application and were entitled to drive on your previous licence. • If you hold a Group 2 (bus or lorry) licence, your entitlement has not been suspended, revoked or refused by a traffic commissioner. • You meet any conditions that were specified on your previous licence that still apply. • DVLA has received your correct and complete application within the last 12 months. • Your last licence was not revoked or refused for medical reasons. • You are not currently disqualified from driving by a court. • You were not disqualified as a high risk offender on or after 1 June 2013 (a high risk offender is a driver convicted of a serious drink driving offence).
Rats, o well thank you for clearing that up
 
No worries, if the court decide you can drive but you need to wait for your licence, I believe then you would be permitted drive under section 88 whilst you wait for your licence to be issued.
 
No worries, if the court decide you can drive but you need to wait for your licence, I believe then you would be permitted drive under section 88 whilst you wait for your licence to be issued.
Do you think? Don’t think I would meet the following requirement;

- You were not disqualified as a high risk offender on or after 1 June 2013 (a high risk offender is a driver convicted of a serious drink driving offence).
 
If you were HRO after 2013 you are never allowed to drive on a section 88, you technically haven't been allowed to drive since your last licence expired mate. Past HRO's aren't allowed to section 88.
 
No, I have pasted when you can drive on Section 88, although I was a HRO I was issued my licence back at the end of the disqualification after my DVLA medical - because I was re-issued it on a 1 year basis and have to undertake a further review at the end of that 1 year, whilst my application for review is with the DVLA I am permitted to drive under Section 88 Road Traffic Act for 1 year.

To continue driving under Section 88, you must meet all of the following criteria: • Your doctor must have told you that you are fit to drive. If your doctor is unsure about how a medical condition affects driving, they should refer to ‘Assessing fitness to drive – a guide for medical professionals’ at www.gov.uk/dvla/fitnesstodrive • You have held a valid driving licence (see *below) and only drive vehicles you have applied for on your current application and were entitled to drive on your previous licence. • If you hold a Group 2 (bus or lorry) licence, your entitlement has not been suspended, revoked or refused by a traffic commissioner. • You meet any conditions that were specified on your previous licence that still apply. • DVLA has received your correct and complete application within the last 12 months. • Your last licence was not revoked or refused for medical reasons. • You are not currently disqualified from driving by a court. • You were not disqualified as a high risk offender on or after 1 June 2013 (a high risk offender is a driver convicted of a serious drink driving offence).
Can I just add anyone with a breath test over 87.5 will be classed as a HRO......
 
If you were HRO after 2013 you are never allowed to drive on a section 88, you technically haven't been allowed to drive since your last licence expired mate. Past HRO's aren't allowed to section 88.
I know the law mate I have a law degree, I know I can drive under section 88 for 1 year from the date my licence expired, providing the DVLA have a valid review application.
 
I know the law mate I have a law degree, I know I can drive under section 88 for 1 year from the date my licence expired, providing the DVLA have a valid review application.

Your quote from the criteria to driveunder S88 is correct, but it says “You must meet all the following criteria.....” and the last one is “You were not disqualified as a high risk offender on or after 1 June 2013 (a high risk offender is a driver convicted of a serious drink driving offence).” So if you have been disqualified as a HRO since 2013, you cannot use S88 to drive.
You have been granted a 1 year licence as a part of the HRO assessment process, not on medical grounds. If someone is given a 1 year licence after, say, a diabetic episode then they can continue to drive under S88 but not for the continuing HRO process.
 
Your quote from the criteria to driveunder S88 is correct, but it says “You must meet all the following criteria.....” and the last one is “You were not disqualified as a high risk offender on or after 1 June 2013 (a high risk offender is a driver convicted of a serious drink driving offence).” So if you have been disqualified as a HRO since 2013, you cannot use S88 to drive.
You have been granted a 1 year licence as a part of the HRO assessment process, not on medical grounds. If someone is given a 1 year licence after, say, a diabetic episode then they can continue to drive under S88 but not for the continuing HRO process.
My licence was issued on a short term licence as I fall into a category of medical grounds, hence why they have requested hospital notes in relation to this review. (the interpretation in law under "You have not been disqualified as a HRO since 2013" is interpreted to mean you may not drive under Section 88 of the Road Traffic Act 1988 c.52 whilst you are waiting for your rei-issue application to be processed. as this was permitted prior to 2013 and just to make you aware even if you are issued a short term licence for further review in relation to driving under the influence, once your re-issue licence expires you are permitted to drive under section 88 as long as you have submitted a valid application for review and your doctors agrees you are fit to do so, that is why under your licence details on gov.uk it only shows your licence being expired (not revoked or cancelled) and for the record anyone who decides to reapply for their licence back after 10 years as I did are no longer classed as a HRO as once the licence is re-issued there are no convictions held against your licence these are all removed.
 
Jayjay46
Can I clarify, are you saying that you were convicted of drink driving and given HRO status before or after 2013?
 
Jayjay46
Can I clarify, are you saying that you were convicted of drink driving and given HRO status before or after 2013?
I was convicted in 2000 - and I applied for my licence back in 2018, as I didn't really need it till then, I will say this, they only provide a snippet of the information as to whether a person can drive under Section 88 or not, in order to know for definite if you can drive under this section you need to read basically most of the Road Traffic Act 1988 - under section 88 under the provisions, you need to double check whether sections such as 87, 92, 93, 94,98, 99, Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 and so on apply or not. which is why the DVLA will not commit to saying whether you can or cant and advise to speak to your GP, because its a lot more involved than the little leaflet they give you.
 
So YOU can drive under S88 as you were convicted prior to 2013. ANYONE who is convicted after June 2013 CANNOT drive under S88.
Chapter 1 of Part 3 of the Crime (International Co-operation) Act 2003 relates to mutual recognition of disqualifications in signature countries, so does not apply to S88 as the HRO process cannot be applied to non U.K. licence holders.
The other sections of the Road Traffic Act you quote are relevant to medical matters relating fitness to drive and disorders to be reported to DVLA, but S88 is quite clear, if you have been convicted as a HRO after June 2013 you CANNOT drive pending a decision by DVLA.
 
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