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New Drink Driving Legislation Effective 1st June 2013

Sandra Harrison

New member
The one thing I did think was how stupid it is that anyone can get on the road to start with, without a medical and go through their entire driving life potentially without ever having one. Just based on the numbers of drivers on the road, there is a far bigger risk to my mind from the people who have never been medically assessed.
That's not to say that those of use who have drank and drove shouldn't have a medical, of course we should as a duty of care, but to put the focus solely on that group of drivers carries a risk of missing far more.
Absolutely! It's shocking how surprisingly easy it seems to be. Even in Eastern Europre they have to go through extremely difficult procedures just to get on the road which includes plenty of classes on defensive driving, First Aid, a medical, theory exams and then you can start practising on the roads! These countries put us to shame in terms of safety!
 

bristol.red

No Longer a Member
This thread and poll was very important and was going to become interesting next year when the HRO drink drivers convicted after 1st June 2013 were applying for licences back.
 
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over3under4

Member
It seems to be another hurdle for people to jump and be even more reliant on the DVLA to do there job in a reasonable timescale.
 

Moodle

Well-known member
It seems to be another hurdle for people to jump and be even more reliant on the DVLA to do there job in a reasonable timescale.
True, and it doesn't effect me, but I thought it was mad that I was allowed to drive before confirmation that the medical was passed and having my licence back, and to be honest it will hopefully stop those that really shouldn't be back on the roads i.e. those that truly are dependent on alcohol or misuse it whilst driving and who would find it hard to stop...without help or whatever else...that isn't condemning them but more that we all know it impairs our senses so at the end of the day perhaps too many people ended up back on the road when they shouldn't be and more deaths occurred....some may not like what I have written here but that is my view... however I would hope that the DVLA work to a set time scale wherever possible or move the time you can apply for your licence to an earlier date than is currently set to allow for GP reports etc if needed and their medical panel to look at more complicated cases within the ban timeframe...however having read posts on here I think that sometimes that might prove impossible to achieve.

Moodle
 

maximus

Well-known member
moodle does everyone get the chance or coz my dr and pysch wrote to dvla said blood tested me and I haven't drank for 19 months that they let me drive under 88
 

Moodle

Well-known member
moodle does everyone get the chance or coz my dr and pysch wrote to dvla said blood tested me and I haven't drank for 19 months that they let me drive under 88
Sorry, you've lost me there Max? you're allowed to drive under section 88 soon aren't you? Happy New Year by the way :)
 

maximus

Well-known member
happy near year moodle what I was trying to say is does everyone get the chance to drive under section 88 when there ban ends or is it my drs report saying I havnt drank for 10 months that have helped me with this I can drive on the 8th although im still not happy with the gamble but just no im gunna wanna do it lets face it I had my brand new golf for 20 mins and then got pulled over, its alright my mates saying wait but it could be like 2 months for the results of the medical
 

stoopid

Active member
Hi, I'm hoping someone can help me here...

I am due in court next week on an application for early removal of disqualification. I was convicted in 2012 therefore I am assuming that I will retain my right to drive before undergoing the medical if indeed my disqualification is removed next week. I am also aware that if that is the case, I must wait until the DVLA have received my application before I can legally exercise my section 88 rights.

I spoke to the DVLA about this a couple of weeks ago and the first person I talked to knew nothing of this right and insisted that I had to wait to receive the license before driving. When I rejected that opinion they put me through to the medical department of the DVLA and after a while I was told that I would be entitled to drive but only after the DVLA had received my application and that the application was a qualifying application.

My problem is that my solicitor said he isn't aware of such legislation and that I have to wait until I receive my license back. My concern is that if indeed I am granted my license back, I will end up having to wait the months it seems to take to get the medical passed and receive my license.

Any advice on how I can point my solicitor in the direction of this legislation? Do I just ask him to look at section 88 of the Road Traffic Act? If I am told in court that I have to wait until my license returns from the DVLA when I know this isn't the case, how do I argue it?

Any advice would be greatly appreciated.

Thanks.
 

price1367

TTC Group
You are right that the relevant legislation is S88 of the Road Traffic Act 1988.
An application for early restoration of a driving licence can be made after serving half of your ban, subject to a minimum time served of 2 years so you do qualify. Your solicitor will have to convince the court that there will be a tangible benefit from you getting your licence back. This applies more to the benefits to others rather than to you, because the intention was for you to be punished when you were banned.
It lakes a solicitor with knowledge of what to say, and equally what NOT to say, in applications like this and I wonder if your solicitor has the necessary expertise if he has not even heard of S88 RTA 1988?
under S88' you can drive once a valid application has been received by DVLA. That does not just mean that it has arrived, it has to be complete, correct and fully paid for so if, for example, you had forgotten to sign it, or sent the wrong payment and you started to drive, then you would be committing an offence of driving without a licence. That is why you should wait until you are certain that DVLA have processed your application and you ask to have it confirmed, in writing, that you can drive under S88. That way you have something to show both the Police if you are stopped and your insurance company that you are permitted to drive.
the other proviso is that you should not have had an indication from your doctor that you should not drive. Don't be tempted to ignore your doctors advice as DVLA may well check with him / her as a part of the medical process and if it emerges that you had been advised not to drive but you ignored it then deep doodoo will follow.......
 

stoopid

Active member
Thanks for the quick response. I am happy with the case that my solicitor has put together, mainly as it's the truth.

Thanks for the clarification on the S88 question. Would the court be aware of my rights under S88? If they were to advise me that I have to wait for my license to be in my possession yet I know that I have the right to drive as long as the DVLA have indicated so in writing, am I entitled to drive?

Thanks again!
 

price1367

TTC Group
S88 entitlement is nothing to do with the court and your solicitor should not mention it during your appeal to get your licence back. That will just muddy the water.
I can assure you that the guidance that I gave in my last post is correct.
You said that you are happy with the application because it is the truth. That is good, but as I indicated before, sometimes there are areas that you should not go into because it turns the magistrates against the application. This is mainly an application saying: 'poor old X, my client, is really suffering from this long ban and I would ask you to put an end to his misery.' That is true..... And will be refused.
On the other hand, an application along the lines of: "my client was in a bad place 2 years ago. This is what he has done to change his life and reassure you that he will not reoffend. if he is granted his licence back now these are the benefits that others will get from this.....' Then quote job opportunities for new staff, or whatever will happen to the good. That should also be true, of course, but will probably produce a positive response from the magistrates.
you can sent me a PM on here if you want, with the outline of your argument that you plan to put to the court and I am happy to advise. At the end of the day though, what you submit to the court must be true!
 

stoopid

Active member
Hi,

Thanks again for the reply. He most definitely won't be mentioning that during my application.

My reasons for the application are definitely worth consideration. Numerous people are being put under pressure as a result of my disqualification and my employment is also under question.

Thanks again for your advice, I really appreciate it.
 

stoopid

Active member
Well S88 is no use to me now anyhow, I had my hearing today and my ban was reduced by approx 6 months meaning I have just over 3 months left to run. I guess at least I can get the medical etc out of the way now.

Thanks for your advice anyhow!
 
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