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

Convicted Driver Insurance

Polly3

Well-known member
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
I agree , but successive Governments/ Ministers have presided over this shambles for years so I doubt there will be progress any time soon.
 

Luna2000

Well-known member
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
Sorry, but assuming you were banned after 1st June 2013, then as an HRO you CANNOT drive under Section 88. BY doing so you are breaking the law and must have told your insurance company some porkies.

If you had been involved in an accident, then you would have been hammered. You would have had your ban extended, been given a massive fine and have gotten either Community Service or a short prison service.

If you interpreted the the INF 188/6 wording as allowing you to drive, then you were very mistaken.

If you are still driving under the misapprehension that Section 88 applies then I would urge you to stop immediately.
 

snk7

Member
Sorry, but assuming you were banned after 1st June 2013, then as an HRO you CANNOT drive under Section 88. BY doing so you are breaking the law and must have told your insurance company some porkies.

If you had been involved in an accident, then you would have been hammered. You would have had your ban extended, been given a massive fine and have gotten either Community Service or a short prison service.

If you interpreted the the INF 188/6 wording as allowing you to drive, then you were very mistaken.

If you are still driving under the misapprehension that Section 88 applies then I would urge you to stop immediately.
This only applies for the First Application! Contact DVLA and they will explain. If this is your 2nd application tell them you will be driving under Sec 88. At least they have a log of it.
 

grice96

Well-known member
Sorry, but assuming you were banned after 1st June 2013, then as an HRO you CANNOT drive under Section 88. BY doing so you are breaking the law and must have told your insurance company some porkies.

If you had been involved in an accident, then you would have been hammered. You would have had your ban extended, been given a massive fine and have gotten either Community Service or a short prison service.

If you interpreted the the INF 188/6 wording as allowing you to drive, then you were very mistaken.

If you are still driving under the misapprehension that Section 88 applies then I would urge you to stop immediately.

This is correct for a first application. However, this user has stated it is for their renewal after a licence has been issued. In this case they can drive under Section 88, this was cleared up on the forum around 2019 when the DVLA and the DVA NI stated that once a licence is issued you are no longer HRO on file, you are a medical licence holder and are treated as such.
 

Luna2000

Well-known member
This only applies for the First Application! Contact DVLA and they will explain. If this is your 2nd application tell them you will be driving under Sec 88. At least they have a log of it.
You are correct. I hadn't picked up that keyworker had already been given a 1 year licence and she was applying for her next one.

My post would be correct if this had been her first application.
 

C J 1980

Well-known member
The easiest way to interpret being a HRO and Section 88 - if it is the end of a ban, Section 88 cannot be used!!!! Once you have had a period back on the road (with say a temporary licence) - you can use Section 88.

The confusing aspect is for anyone banned pre June 2013 - I am lead to believe they can use Section 88, providing they get a medical check done with their GP while awaiting the DVLA to get their act together!

CJ
 

xDeepRemorsex

Active member
Hi Guys

Just thought i'd update. My application has now been processed and it shows I have driving entitlement on the DVLA online check! Yay
Hi Hannah,

As you weren't a high risk offender (I'm not either), were you driving under section 88 before today, as I noticed from an earlier post your ban ended in August?

My ban ends in under 3 weeks and I spoke with my doctor yesterday who confirmed "I am fit to drive" and put a notice on their system (of course, when my ban is lifted, not right now). My local MP also managed to get in contact with the DVLA on my behalf who have finally confirmed they are in receipt of my correct application (she did inform them to process my application in time, but until that day I won't know), so as a precaution, I wanted to make sure I have everything in place to drive under section 88, if my driving entitlement hasn't been updated on 'freedom' day.
 

hannah01

Member
Hi

Yes I managed to get insured and was driving under section 88. I was worried about it showing as I had no driving entitlement if I got pulled over but thought I had enough evidence to prove I fit the criteria as I had sent my application recorded delivery. I spoke to the solicitor I used to represent me in court and she said she thought I met the criteria.
I don’t know if being a HRO makes a difference but as long as you’ve got confirmation from DVLA they have received your application I think you'll be fine.
Hannah
 

xDeepRemorsex

Active member
Thanks Hannah, was just curious to know :) who is your insurance with?

I'm not a HRO thankfully :) I only contacted my doctor as that is one part of the requirement of driving under section 88 i.e. they must confirm you are fit to drive.

Unfortunately, a HRO cannot drive under section 88, they have to wait until their license is issued after completing a medical :( (just mentioned this, encase any new members read this post and get confused if they are classified as a HRO).
 

hannah01

Member
Ah sorry I read it wrong.
Im with Got You Covered. I believe this is the company that was recommended by the course I did to reduce my ban. They have said they are one of the only providers that will allow driving on a section 88 and won’t request copies of your licence straight away as long as you show your chasing DVLA or can prove they have your application and are just waiting for the physical licence.
Hope that helps. Mine was around 1900. I probably could have got it cheaper if I’d have waited but was so eager.
 

xDeepRemorsex

Active member
That's ok :)

I will do a quote with them now just to see. I did do a quote with Admiral and my insurance 'should' be £927 for the year on an Audi Q2 S-line, when I spoke to them over the phone they did say they cover drivers under section 88, but stated I can't set it up ready until the 'disqualified until...' status has been removed on my license, which I assume will be on the day my ban has lifted? do you recall what your license information stated once your ban ended?
 

hannah01

Member
I might be wrong but I think it then changes to ‘you can apply to renew your licence’ or something like that.
But obviously until they have processed your application it will still say you have no driving entitlement.
 

C J 1980

Well-known member
Afternoon

Just some key tips for Section 88.

- When sending off your application as your ban comes to an end, make sure you send it as Royal Mail recorded delivery then you have piece of mind that it has reached Swansea HQ.

- If you are not a HRO, make an appointment with your GP for a health check. You do not need a doctor's note, just an entry in your notes should surfice.

- Do not drive until after your expiry date - purely common sense this one!

- Log on to your online drivers licence on the Gov.uk site every few days, just to keep abreast of the licence status. You will need your National Insurance number and Driving Licence number to access the information.

- The police are generally that strapped these days, it is unlikely you will get pulled, but if you do get a 'tug' while using Section 88, you should just keep a record of the driving licence being sent and remind yourself of the date of your GP health check, where possible if you do get asked.

The police themselves should be aware of the DVLA crisis and the rise of Section 88 usage, so I cannot see anyone having an issue if they are unfortunate enough to get spoken to.

CJ
 

xDeepRemorsex

Active member
Thank you C J 😊 that is very useful information.

I have contacted Admiral and I have successfully set up my insurance for it to commence after 12:01am 15-10-21 under section 88.

That’s all they require to set up the insurance policy in advance (obviously, within a month of your start date) is the checkcode from your DVLA License Check, which they pass on to their underwriters to remove a block they currently have in place.

Although, I will point out if you are completing a quote online (Compare the Market) make sure you check you have submitted everything correctly, because you might end up paying more than originally quoted 😬 the dopey mare that I am, somehow entered in the marital status drop box I was “common-law partnered” in error, when in fact I’m “single” and the final price to pay was £1,147, rather than £926 😭 Even with the extra £200, I’m just thankful that it is finally sorted 🙏🏻
 
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