Not had licence back yet, can I use section 88?!

Convicted Driver Insurance

hannah01

Member
I am disqualified after drink driving until 18th August. I sent my application off mid July and haven't had it back. I've looked on the DVLA website and it shows they are currently processing applications from 4th June.

Will I be able to drive when my ban ends next week even though I haven't got it back? The info on section 88 is so confusing.

Thanks
 
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Luna2000

Well-known member
I am disqualified after drink driving until 18th August. I sent my application off mid July and haven't had it back. I've looked on the DVLA website and it shows they are currently processing applications from 4th June.

Will I be able to drive when my ban ends next week even though I haven't got it back? The info on section 88 is so confusing.

Thanks
Are you a High Risk Offender Hannah01?

If you are, you won't be able to drive under Section 88.

Provided you have no other disqualifying conditions e.g drug addiction, epileptic fits within the last 3 years, you should be able to drive.

See this site if you haven't already done so.

 

C J 1980

Well-known member
Hannah01

Without knowing your circumstances - you cannot drive under Section 88 if you are coming to the end of a driving ban. Section 88 only applies if you have been back on the road (legally) after serving a driving ban.

If you have been re-instated with a driving licence which is due to expire, you can use Section 88 to continue driving, provided you have done what you need to do by replying to the DVLA correspondence and taking the necessary steps to request a medical.

Sadly, if you are coming to the end of a ban, you will simply have to do battle with the DVLA and prepare yourself for serving extra time off the road. I appreciate it is unfair, but if you read some of the threads on here you will realise you are not alone in the current climate.

If you are a High Risk Offender (HRO) you will have to endure a painful time trying to book a medical which can take a few months at present. If you are not a HRO, you might be in a better position time wise, but I would anticipate a little bit of a wait in any case.

CJ
 
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Luna2000

Well-known member
Hannah01

Without knowing your circumstances - you cannot drive under Section 88 if you are coming to the end of a driving ban. Section 88 only applies if you have been back on the road (legally) after serving a driving ban.

If you have been re-instated with a driving licence which is due to expire, you can use Section 88 to continue driving, provided you have done what you need to do by replying to the DVLA correspondence and taking the necessary steps to request a medical.

Sadly, if you are coming to the end of a ban, you will simply have to do battle with the DVLA and prepare yourself for serving extra time off the road. I appreciate it is unfair, but if you read some of the threads on here you will realise you are not alone in the current climate.

If you are a High Risk Offender (HRO) you will have to endure a painful time trying to book a medical which can take a few months at present. If you are not a HRO, you might be in a better position time wise, but I would anticipate a little bit of a wait in any case.

CJ
Reading the info on the link above (which is on the forum, so I presume? up to date,) she can drive provided she was not disqualified for medical reasons or is an HRO provided she has properly applied for her licence.

Here is a link to the DVLA booklet Inf 188/6 that says the same.

She can drive on the 19th August 2021 providing not medically disqualified or an HRO.
 

C J 1980

Well-known member
Reading the info on the link above (which is on the forum, so I presume? up to date,) she can drive provided she was not disqualified for medical reasons or is an HRO provided she has properly applied for her licence.

Here is a link to the DVLA booklet Inf 188/6 that says the same.

She can drive on the 19th August 2021 providing not medically disqualified or an HRO.

Luna2000

If you read Hannah01's original post - she does state she is coming to the end of a 'drink driving' ban on the 18th August.

My understanding of the Section 88 legislation is that it doesn't apply to those people coming to the end of a drink driving ban. They have to wait until authorised to drive again by the DVLA.

This process is particularly problematic for High Risk Offenders who have to do a medical - as it has been discussed widely across this forum, HRO's are faced with a nightmare scenario at present because of the time it is taking to process everything.

Section 88 does apply to drivers who have not been banned by a Court but have had their licence revoked because of medical reasons.

CJ
 

price1367

TTC Group
I am disqualified after drink driving until 18th August. I sent my application off mid July and haven't had it back. I've looked on the DVLA website and it shows they are currently processing applications from 4th June.

Will I be able to drive when my ban ends next week even though I haven't got it back? The info on section 88 is so confusing.

Thanks
If You are a High Risk Offender and need a medical then you cannot drive until the process is complete. (Unless your ban was prior to 1st June 2013)
If you are a non HRO drink driver then you CAN drive under S88 once your ban is finished providing DVLA have received your complete and correct application (not just that it has arrived, confirm they have looked at the application as you may have forgotten to sign it or sent an incorrect payment for example) and your GP supports you resuming your driving (actually check this, don’t just presume)
I have this in writing from a senior person at DVLA this the above is what their position is on S88.
 

Luna2000

Well-known member
Luna2000

If you read Hannah01's original post - she does state she is coming to the end of a 'drink driving' ban on the 18th August.

My understanding of the Section 88 legislation is that it doesn't apply to those people coming to the end of a drink driving ban. They have to wait until authorised to drive again by the DVLA.

This process is particularly problematic for High Risk Offenders who have to do a medical - as it has been discussed widely across this forum, HRO's are faced with a nightmare scenario at present because of the time it is taking to process everything.

Section 88 does apply to drivers who have not been banned by a Court but have had their licence revoked because of medical reasons.

CJ
Sorry, but I disagree with you (apart from the HRO.)

Price1367 answer in this thread reflecting the info contained in Inf 188/6.

If you are not HRO and have not been banned due to a medical condition and your GP confirms that you do not currently have a medical condition, then you can drive under Section 88 subject to ensuring that your application to the DVLA has been confirmed by them as complete and correct.
 

C J 1980

Well-known member
Sorry, but I disagree with you (apart from the HRO.)

Price1367 answer in this thread reflecting the info contained in Inf 188/6.

If you are not HRO and have not been banned due to a medical condition and your GP confirms that you do not currently have a medical condition, then you can drive under Section 88 subject to ensuring that your application to the DVLA has been confirmed by them as complete and correct

You don't agree with me - yet what you state above is exactly what I specified in the last paragraph from my previous post ???? (although maybe I should have expanded on what I said)!

Section 88 does apply to drivers who have not been banned by a Court but have had their licence revoked because of medical reasons.

CJ

Just as I said - those with medical conditions who have ended up off the road (no criminal convictions) can use Section 88.

What I should have emphasised is that they need to ensure they have visited a GP, obtained a medical note proving their fitness to drive before they can use Section 88.

CJ
 

Luna2000

Well-known member
You don't agree with me - yet what you state above is exactly what I specified in the last paragraph from my previous post ???? (although maybe I should have expanded on what I said)!



Just as I said - those with medical conditions who have ended up off the road (no criminal convictions) can use Section 88.

What I should have emphasised is that they need to ensure they have visited a GP, obtained a medical note proving their fitness to drive before they can use Section 88.

CJ
I think we should agree to end this wee debate about now before we tie ourselves up in linguistic knots. :):):):):)
 

hannah01

Member
Hi

Thanks for the comments.

I've only just seen these replies. My ban ended @ 00:01 on 18th (today). I've got an insurance policy in place with an insurer that said they have dealt with similar cases to this.

With no way of contacting DVLA how do I confirm they have received my application?

I was hoping to drive today, but now I am unsure!
 

hannah01

Member
I've just managed to get through to DVLA, the lady said that it's down to the discretion of the driver as to whether they want to drive under section 88. She couldn't find out about my application and just said it would be 6-10 weeks.

I didn't send my application recorded delivery as it didn't occur to me at the time. Now i'm wondering if i send another application recorded, so that it shows they have had it. It would look better if i did end up getting stopped as I would meet the criteria or could at least argue that I have sent it.
 

Luna2000

Well-known member
I've just managed to get through to DVLA, the lady said that it's down to the discretion of the driver as to whether they want to drive under section 88. She couldn't find out about my application and just said it would be 6-10 weeks.

I didn't send my application recorded delivery as it didn't occur to me at the time. Now i'm wondering if i send another application recorded, so that it shows they have had it. It would look better if i did end up getting stopped as I would meet the criteria or could at least argue that I have sent it.
I sent my application on 15th July and it wasn't recorded delivery either. As I hadn't hear anything I thought a phone call was warranted.

I called yesterday. Best time is at 8.00am. It took about 15 minutes but eventually I got through and after 6 or so key presses, managed to speak to someone. They confirmed that my application had been received. I gave my name, DoB, address to the lady on the phone and she could tell me that the application had been registered and was with the medical team (HRO.)

I am surprised therefore that they couldn't tell you at least this. Did they ask you for this information or was it a straight out 'I can't tell you anything.?'

I called the medical section number 0300 790 6806, but cannot remember the the exact sequence of key presses after that.

You could perhaps try again and simply say you are calling to ensure that your application has been received.

They still haven't cashed my cheque yet, which is surprising.
 

hannah01

Member
I sent my application on 15th July and it wasn't recorded delivery either. As I hadn't hear anything I thought a phone call was warranted.

I called yesterday. Best time is at 8.00am. It took about 15 minutes but eventually I got through and after 6 or so key presses, managed to speak to someone. They confirmed that my application had been received. I gave my name, DoB, address to the lady on the phone and she could tell me that the application had been registered and was with the medical team (HRO.)

I am surprised therefore that they couldn't tell you at least this. Did they ask you for this information or was it a straight out 'I can't tell you anything.?'

I called the medical section number 0300 790 6806, but cannot remember the the exact sequence of key presses after that.

You could perhaps try again and simply say you are calling to ensure that your application has been received.

They still haven't cashed my cheque yet, which is surprising.
I think it sent it around 7th July, she asked for all my details and said she'd check on the system and said it's not showing anything there. All she kept saying is it could take the maximum amount of time to process (10 weeks). But I won't even know if they've received it until after then.

It's just so frustrating. Now I just feel like the insurance company were trying to get my money as quickly as possible.
 

hannah01

Member
If You are a High Risk Offender and need a medical then you cannot drive until the process is complete. (Unless your ban was prior to 1st June 2013)
If you are a non HRO drink driver then you CAN drive under S88 once your ban is finished providing DVLA have received your complete and correct application (not just that it has arrived, confirm they have looked at the application as you may have forgotten to sign it or sent an incorrect payment for example) and your GP supports you resuming your driving (actually check this, don’t just presume)
I have this in writing from a senior person at DVLA this the above is what their position is on S88.
I'm not a HRO. I've now sent another application as advised by a DVLA worker yesterday when I spoke to them - recorded delivery which has been received today.

I've spoken to West Yorkshire Police twice with no solid answer on their view on section 88. So now I have spoken to my local MP who said he will forward to the Ministerial department handling DVLA issues - not sure if this will do any good.

It's so frustrating that no one is giving a solid answer, or even putting a temporary action in place while DVLA process the applications.
 

price1367

TTC Group
I'm not a HRO. I've now sent another application as advised by a DVLA worker yesterday when I spoke to them - recorded delivery which has been received today.

I've spoken to West Yorkshire Police twice with no solid answer on their view on section 88. So now I have spoken to my local MP who said he will forward to the Ministerial department handling DVLA issues - not sure if this will do any good.

It's so frustrating that no one is giving a solid answer, or even putting a temporary action in place while DVLA process the applications.
I have given you a solid answer….. the police nor DVLA will give a firm answer when you ask!
I have posted an extract on here recently from an email from senior person at DVLA who I asked about the S88 issue. I will repost it when I get home tonight.
 

grice96

Well-known member
I'm not a HRO. I've now sent another application as advised by a DVLA worker yesterday when I spoke to them - recorded delivery which has been received today.

I've spoken to West Yorkshire Police twice with no solid answer on their view on section 88. So now I have spoken to my local MP who said he will forward to the Ministerial department handling DVLA issues - not sure if this will do any good.

It's so frustrating that no one is giving a solid answer, or even putting a temporary action in place while DVLA process the applications.

Price is correct, the police and the DVLA can't give you an answer on whether or not you meet the criteria because the criteria is clearly laid out in the wording of the legislation. You have to read the criteria for section 88 and decide whether or not it applies to you, then you must have your GP's support. Only then may you drive under section 88, if you do not meet the criteria and decide to drive anyway and something were to happen then the police will investigate if the criteria was met but that is after the fact.

The legislation is on the .gov website, read it and if you tick every box then you may drive. As a non-hro to drive under section 88, the DVLA must have a complete and correct application (not just signed for but scanned onto their system), your doctor must deem you fit to drive (do not assume, have an actual conversation with your doctor and ask do they deem you fit to drive under section 88 and have it recorded on your notes), your ban must be expired (the date you were banned to must be passed) and finally your last licence must not be revoked or refused. If you meet this criteria you can drive under the latest interpretation of section 88 as you are a non hro. For any HRO reading this, HRO's may only drive under section 88 after their first licence is issued. Section 88 may only be used for a HRO's renewal after being re-licenced.
 

C J 1980

Well-known member
I'm not a HRO. I've now sent another application as advised by a DVLA worker yesterday when I spoke to them - recorded delivery which has been received today.

I've spoken to West Yorkshire Police twice with no solid answer on their view on section 88. So now I have spoken to my local MP who said he will forward to the Ministerial department handling DVLA issues - not sure if this will do any good.

It's so frustrating that no one is giving a solid answer, or even putting a temporary action in place while DVLA process the applications.

Its just as frustrating that the DVLA isn't being held accountable for their ineptitude. Most public organisations are subject to scrutiny or investigation from external ombudsmans, but the DVLA are clearly one of a few organisations that can operate any way they want and not be challenged. The only way this can be addressed is going through parliament and getting Transport Minister Grant Shapps on board.

CJ
 

price1367

TTC Group
I have given you a solid answer….. the police nor DVLA will give a firm answer when you ask!
I have posted an extract on here recently from an email from senior person at DVLA who I asked about the S88 issue. I will repost it when I get home tonight.
I have found my post relating to this.
The email below Is a reply I had from a senior Member of Staff at DVLA on the issue of drunk drivers who are not HRO and S88. I have not given the email address As the last time I shared one lots of people abused the Email to Make non urgent enquiries, resulting in nth at Eaton blocking ALL enquiries and ruining the contact point for the genuine cases….:


“Dear Mr Price,



Drivers whose disqualification period has ended and who have reapplied to DVLA for a new licence may be eligible to drive under S88 while they wait for their new licence, as long as they satisfy all the other qualifying criteria. The driver must decide for themselves whether they meet all the criteria by consulting the following information leaflet on GOV.UK: https://www.gov.uk/government/publications/inf1886-can-i-drive-while-my-application-is-with-dvla"


As you have indicated, many drivers contact DVLA to find out if they have section 88 cover to drive. DVLA cannot “confer” section 88, but can advise on what the qualifying criteria is.
 

KeyWorker

Member
I have found my post relating to this.
The email below Is a reply I had from a senior Member of Staff at DVLA on the issue of drunk drivers who are not HRO and S88. I have not given the email address As the last time I shared one lots of people abused the Email to Make non urgent enquiries, resulting in nth at Eaton blocking ALL enquiries and ruining the contact point for the genuine cases….:


“Dear Mr Price,



Drivers whose disqualification period has ended and who have reapplied to DVLA for a new licence may be eligible to drive under S88 while they wait for their new licence, as long as they satisfy all the other qualifying criteria. The driver must decide for themselves whether they meet all the criteria by consulting the following information leaflet on GOV.UK: https://www.gov.uk/government/publications/inf1886-can-i-drive-while-my-application-is-with-dvla"


As you have indicated, many drivers contact DVLA to find out if they have section 88 cover to drive. DVLA cannot “confer” section 88, but can advise on what the qualifying criteria is.
This is just my view…..I felt that even as a HRO, on the information I had, that as I was applying for my second post ban licence, and with my GPs support, that I could drive on a Section 88. However the responsibility for this is firmly placed on the interpretation of Section 88 by the driver, who would be assuming full responsibility for their decision and their own interpretation of the Section 88 guidelines.
On this basis I did drive on Section 88, but only within a small radius of the village I live in, which fortunately included the few miles that I needed to drive to get to work. ( not even one bus a week departing for anywhere from our village! ) I felt quite sure that my decision could not be water tight if contested by either my Insurance or indeed the Police. It was a stressful time, and I was careful to drive defensively at all times.
There is no way that driving on Section 88 as HRO is sanctioned by any responsible authority.
The sooner the DVLA are able to process applications, the better
 

snk7

Member
I am a HRO, I normally get a year license, So this year I think this will be my 3rd (or 4th) license. My Doctor has contacted me (that I am fit to drive) and filled out the form and have sent them to DVLA a few weeks ago. I have spoken to them twice about my license status (because of Covid they have a backlog) With Section 88 - I apparently meet the criteria, they mention that I should carry the Sec 88 info with me.
 
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