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New Drink Driving Legislation Effective 1st June 2013

#1
Government Introduces New Legislation - New Laws for High Risk Offenders Introduced

In a bid to help make UK roads safer, the government has introduced new legislation that Road Safety Minister, Stephen Hammond says "will tighten up the law on drink driving and will mean the most dangerous offenders will have to prove they are no longer dependent on alcohol before they are allowed to get back behind the wheel".

The new legislation will come into force on 1st June 2013 and specifically targets drivers who have been disqualified and that are classed as 'High Risk Offenders'.

Section 88 of The Road Traffic Act 1988

Section 88 of The Road Traffic Act 1988 has been amended and under the new laws, drivers that are classed as high risk offenders will no longer be able to rely on Section 88 of The Road Traffic Act 1988 in order to drive once their disqualification has expired, if they have submitted a qualifying application and whilst they wait to take and pass the DVLA medical examination.

Section 88 has been amended to allow drivers who have been disqualified and are classed as high risk to legally drive ONLY IF AND WHEN they have taken and passed the DVLA medical and they have been issued with a driving licence by the DVLA and not beforehand as was previously allowed.

High Risk Offender Scheme Extended


The legislation which lays out the criteria that must be met for drivers to be classified as high risk offenders has also been extended. As of 1st June 2013, any person disqualified by order of court for failing, without reasonable excuse, to give permission for a laboratory test to be carried out on a specimen of blood taken whilst that person was incapable of consenting to the specimen being taken will be classed as a high risk offender.

NOTE: The new legislation DOES NOT APPLY where the conviction in respect to which the disqualification was ordered was imposed before the date of which the new legislation commences. As stated previously the new legislation commences on the 1st June 2013. The new legislation will only apply to any relevant convictions on or after this date.

However we always recommend contacting the DLVA to clarify legal entitlement to drive if not in possession of a valid driving licence.


You can read more about the new legislation here

What is your opinion on this new legislation? Please reply and let us know and/or vote above.
 
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#2
Oh my Goodness I am so glad that I have seen this, I was told on Friday that under section 88 I can drive from Midnight on 29th May yet can I if the new law comes in two days later as realistically I'm not going to drive a one minute past on 30th?
 
#3
Oh my Goodness I am so glad that I have seen this, I was told on Friday that under section 88 I can drive from Midnight on 29th May yet can I if the new law comes in two days later as realistically I'm not going to drive a one minute past on 30th?
Hi Zena,

The new legislation will only apply to any relevant convictions received on or after 1st June 2013. Since you were convicted before this date, the old legislation will still apply. However, we always recommend that when not in possession of a full valid driving licence you should always clarify your legal entitlement to drive by contacting the DVLA directly.
 

bristol.red

No Longer a Member
#4
I certainly do not agree with this new legislation. I applied for my licence back last October and still have not even been sent for the DVLA medical yet. That is 7 months ago. Even when I do get sent to the medical, I'm sure I will be waiting for another 3 months before a supervisor eventually grants my licence. Three months is the current waiting list, if a supervisor has to look at your application. I know this because DVLA have passed my application onto a supervisor twice on my current application and each time I have been at the bottom of a 3 month que, hence why I have been waiting 7 months so far and expect to be waiting another 3 or 4 months yet. It is pathetic and I am glad the new legislation does not apply to me. Even when they eventually do give me the licence it will probably only be for 12 months and I will have to go through it all again next year.
 
#5
"the most dangerous offenders will have to prove they are no longer dependent on alcohol"

There seems to be an assumption that a very drunk driver has an alcohol dependency.

What about the texters and phone users? Do they have to prove they no longer have a dependency?

I guess the medical focusses on some sort of liver test that shows potential habitual alcohol use. I remember a Doctor friend of mine having to go through such a test.He claimed that a negative test was not conclusive evidence.

I think the key to this being acceptable is whether the medical gets done quickly or not.

Just like rising insurance prices it will probably tempt more people to drive illegally.
 

habanero

Active member
#6
There is going to be a huge outcry against this given how long some peoples medicals and decision are taking, in effect it is extending the disqualification periods in a way that could be indefinite in some cases where there are complex medical background checks to make.

I fail to see how this does not amount to discrimination: there is no such ruling for people convicted of other motoring offences, there is no requirement for a medical to even get a license in the first place unless you state you have a medical problem.
 

bristol.red

No Longer a Member
#7
There is going to be a huge outcry against this given how long some peoples medicals and decision are taking, in effect it is extending the disqualification periods in a way that could be indefinite in some cases where there are complex medical background checks to make.

I fail to see how this does not amount to discrimination: there is no such ruling for people convicted of other motoring offences, there is no requirement for a medical to even get a license in the first place unless you state you have a medical problem.
Just bought this to the forums readers attention on an old thread http://www.forum.drinkdriving.org/general-discussion/46159.htm but I for one agree 100% with your post.
 

habanero

Active member
#8
Just bought this to the forums readers attention on an old thread http://www.forum.drinkdriving.org/general-discussion/46159.htm but I for one agree 100% with your post.
Just read your comments in the other thread and yeah this is exactly what I'm seeing happening. The fact that the DVLA do the information gathering sequentially rather than in parallel and the fortnight it takes them to scan documents onto their system all adds up. You could end up with sequences of: Questionnaire, DVLA medical, contact GP, contact consultant(s) if any are relevant and if each on is taking 6-9 weeks to turn around before they're even at a point to start considering the information it's just a joke.

It's discrimination that they're systems and processes are now preventing people from legally driving when entitled too and thereby extending the ban duration, it also means that people doing the course for a reduction in ban length will never be able to actually get that reduction. It's like the carrot on a stick that the donkey will never get no matter how hard it tries.
 

gutted

Well-known member
#9
It's discrimination that they're systems and processes are now preventing people from legally driving when entitled too and thereby extending the ban duration, it also means that people doing the course for a reduction in ban length will never be able to actually get that reduction. It's like the carrot on a stick that the donkey will never get no matter how hard it tries.
Firstly they're not stopping people from legally driving when they are entitled to - they are removing the entitlement. Given that this doesn't apply to existing convictions - only new ones - I can't understand what is wrong with it. Why would anyone have a problem with it unless they were intending to drink and drive? Don't drink and drive and you'll never be affected.

Secondly, there is absolutely no reason you can't fulfil the medical requirements before the end of the ban. When I was banned (July '09 - April '10) I applied for my license in Feb, did the medical in March and then I had the license back well before I was allowed to drive again.
 

habanero

Active member
#10
Firstly they're not stopping people from legally driving when they are entitled to - they are removing the entitlement. Given that this doesn't apply to existing convictions - only new ones - I can't understand what is wrong with it. Why would anyone have a problem with it unless they were intending to drink and drive? Don't drink and drive and you'll never be affected.

Secondly, there is absolutely no reason you can't fulfil the medical requirements before the end of the ban. When I was banned (July '09 - April '10) I applied for my license in Feb, did the medical in March and then I had the license back well before I was allowed to drive again.
They are removing the entitlement to drive until they complete a process where they demand that you satisfy a medical when returning after a ban - something which is not done for other offences. You may have quit drinking the very day you got caught and not touched a drop since but they are potentially preventing you from driving beyond the date at which your court enforced disqualification ends.

You are right, there is absolutely no reason that you wouldn't be able to fulfill the medical requirements. However the DVLA's own processes and procedures are the spanner in the works there as many people have discovered.
My disqualification ended 7th March 2012, I returned everything promptly in the January beforehand and it was the end of May 2012 when I finally got my license back from them. They had issued me a 1yr license because of my medical history, fair enough I don't have any issue with that. This year I again returned all the documents as required, returned them within 48hrs of getting them and currently I'm driving under section 88, having rang them three times as the date neared and passed for expiry of the license and eventually got the letter confirming section 88 applies.
It is their turn-around times because of lack of processes that cause the delay in issuing the license and there is no upper time limit for them to complete anything, only a cop out of "we expect this to take xx weeks". So the effect is that a persons disqualification is no longer the period set by the judge, it is now that period plus however long it takes for the DVLA to decide that you are fit to drive again, which may be quick and in time for the end of your ban or it may be as long as a piece of string.
I notice by the way the dates on your ban - this was before the kick off with the people who's alcohol levels had not been passed to the DVLA, which caused the backlog of cases that they are now dealing with and hence the long delays.
 

bristol.red

No Longer a Member
#11
Given that this doesn't apply to existing convictions - only new ones - I can't understand what is wrong with it. Why would anyone have a problem with it unless they were intending to drink and drive? Don't drink and drive and you'll never be affected.

When I was banned (July '09 - April '10) I applied for my license in Feb, did the medical in March and then I had the license back well before I was allowed to drive again.
gutted what you are saying is "I was al-right jack but fuk anyone else in the future" I bought this new legislation to the forums attention on my very first post in January 2010 in a thread that is still very active. If it had come in a year earlier and had effected you and also if your medical had given DVLA reasons to contact your GP, the enquiries would of taken months past the expiry date of your ban. Perhaps then you may of had a different opinion to the selfish one I have just read. But hey-ho everyone is entitled to an opinion and thank you for yours.
 

bristol.red

No Longer a Member
#12
I notice by the way the dates on your ban - this was before the kick off with the people who's alcohol levels had not been passed to the DVLA, which caused the backlog of cases that they are now dealing with and hence the long delays.
habanero the 10 week to 3 month backlog when a supervisor "Medic" has to make a decision has been going on for at least 14 years and probably longer. It has nothing to do with the balls up they made last year or when ever it was. However perhaps they may now take on a few extra medics and start processing applications a bit quicker, time will tell.
 

gutted

Well-known member
#13
gutted what you are saying is "I was al-right jack but fuk anyone else in the future" I bought this new legislation to the forums attention on my very first post in January 2010 in a thread that is still very active. If it had come in a year earlier and had effected you and also if your medical had given DVLA reasons to contact your GP, the enquiries would of taken months past the expiry date of your ban. Perhaps then you may of had a different opinion to the selfish one I have just read. But hey-ho everyone is entitled to an opinion and thank you for yours
Bull****.

If they'd brought this in and it applied to existing convictions then it would be unfair. But they haven't so it applies to me just as much as it does everyone else.
 
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bristol.red

No Longer a Member
#16
It only applies to people who are convicted from today. If I drink drive today it affects me. Same as everyone else.

What can't you get your head around?
Thank you, that is easier to read. But it still does not explain why you still believe it is good legislation that starts today. I still think your wording of your original post was very selfish.
 

habanero

Active member
#17
The change in the legislation is fine... *if* and only *if* the DVLA sort out their problems first so that people are able to have a decision made and the process completed by the end of their disqualification period. Otherwise it is adding an unfair additional extension to some peoples cases, it may be that a percentage of people wouldn't pass the medical, but a higher percentage would pass so why should they be made to wait for an unknown additional length of time? People have made the stupid choice to drink and drive, we've all done it which is why we are on this forum, but they've had the horrible time in court, the punishment of the disqualification and fines/community service/jail in some cases and served out that punishment as prescribed by the court. So they deserve the right to have a clear and prompt decision made - "yes you can drive again on the day your ban ends" or "no you can't and this is why...". Simple as.
If you're put in jail for 3yrs then you expect to be released at the end of those 3yrs (assuming you haven't been a dick during your punishment), if you serve out those 3yrs only to be told you'll have to stay in longer then I think you'd be pretty p*ssed. Moreso if you say "okay, how much longer?" and they give you an answer of "don't know, we're still thinking about it, probably another 3mths, maybe 6mths while we get more information!".

So yeah, the legislation makes very good sense, the application of it does not. The DVLA need to be held accountable for anyone whose application processing goes past the end date of their ban.
 

bristol.red

No Longer a Member
#18
All I hope regarding this new legislation, and I do understand the reasons it has been bought in, are that DVLA start dealing with applications quicker than they currently do. This may mean an increase in application fees because they obviously need more qualified staff to deal with these matters. A two week wait before they open a letter or scan it into the system is a joke. Then a 3 month wait for a medic to consider a decision that has taken a GP 6 weeks to reply, is another joke. Perhaps we may now see them considering matters quicker but I doubt it very much.
 

gutted

Well-known member
#19
Thank you, that is easier to read. But it still does not explain why you still believe it is good legislation that starts today. I still think your wording of your original post was very selfish.
Previous one made just as much sense.

Regarding why I think it's 'good legislation' (not what I said, but lets move on). Anyone who drink drives is taking a calculated risk. If you don't think it is worth the risk, you don't do it. If you think it is worth the risk, and you drink drive and get caught, then you've made your bed and you lie in it. In this case, that means not getting your license back till you've done the medical. What's the problem? You agreed to those terms when you drove pissed.

Regardless I always thought it was daft that you could get your license back for a while, then lose it again because you fail the medical. Never made sense.
 

bristol.red

No Longer a Member
#20
Regardless I always thought it was daft that you could get your license back for a while, then lose it again because you fail the medical. Never made sense.
Up until today people got there licences back because they had completed there disqualification, finished the sentence which the courts gave them. Now the government has decided that they have to prove they are not dependant on alcohol before they are allowed to drive again and you are not allowed to start proving this to DVLA untill 3 months before the ban ends.

The time DVLA take to make decisions, many applicants who were dependant will be in recovery and no longer be dependant when a decision is made. On the other hand many applicants will of become dependant on alcohol by the fact of getting so pissed of with DVLA and the time they are taking, you only have to read this forum to understand how frustrated and anxious DVLA are making some people. I have said in other threads that my drinking increases when I get angry with DVLA. The way DVLA treat certain applicants can easily throw them of the "wagon" road to recovery and put them back to hell.
 
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