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Revoked Licence

#1
A friend of mine has had her driving licence revoked by the DVLA because of information received alleging alcohol dependence.

I would guess that it was her GP. Unfortunately she suffers from a potentially life threatening disease and is undergoing numerous tests at several hospitals. The stress of her situation has led to periods of alcohol indulgence and overnight stays in A&E departments, I appreciate that this should not be an excuse to over indulge, but is it likely that the DVLA may take her on-going health problems into consideration if she appeals?

Having her licence revoked will have a major effect upon attending future appointments for clinics and treatments.

If she attends an independent medical examination at a DVLA approved doctor, can she expect an unbiased report, and if the independent examination is found in her favour, will she be able to override the DVLA decision and have her licence re-instated?
 

Milton

Active member
#2
According to Sean Joyce you can only have your licence revoked on the grounds of alcohol dependence if
you have been disqualified from driving.
 
#4
A friend of mine has had her driving licence revoked by the DVLA because of information received alleging alcohol dependence.

I would guess that it was her GP. Unfortunately she suffers from a potentially life threatening disease and is undergoing numerous tests at several hospitals. The stress of her situation has led to periods of alcohol indulgence and overnight stays in A&E departments, I appreciate that this should not be an excuse to over indulge, but is it likely that the DVLA may take her on-going health problems into consideration if she appeals?

Having her licence revoked will have a major effect upon attending future appointments for clinics and treatments.

If she attends an independent medical examination at a DVLA approved doctor, can she expect an unbiased report, and if the independent examination is found in her favour, will she be able to override the DVLA decision and have her licence re-instated?
It is unlikely that DVLA would entertain a further medical before at least 6 months have elapsed, more likely to be 12 months. The life threatening problems are not going to be an influencing factor, it is the safety of other road users that is paramount. If her medical problems have included being in hospital from alcohol abuse then that will be a big influencing factor!
it is open to your friend to appeal to the Magistrates Court for the decision by DVLA to be overturned, but again they would not consider the inconvenience of no licence on your friend, it would be the safety of other road users.
 
#6
You have to read it, and understand what it says:

The DVLA have the right to either revoke a driving licence or refuse to reinstate it following a ban, on medical grounds.


It says “either” so they can revoke a licence on medical grounds, OR refuse to reinstate it after a ban.......
 
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Milton

Active member
#7
Yes exactly. The original poster implied that you can loose your licence after a medical that suggests alcohol dependance
without being banned from driving.
That is not the case according to Sean's website.
There seems to be some confusion here regarding this issue.
 
#8
There is no confusion, except for how you are reading what the website says. It gives 2 scenarios where your licence can be withheld, albeit in one sentence:

“The DVLA have the right to either revoke a driving licence or refuse to reinstate it following a ban, on medical grounds”.

Note the use of the word EITHER, both of which relate to medical grounds.

One is where they can take it away, (revoke) on medical grounds, which is what is being discussed on this thread, the other is where they can refuse to reinstate it following a ban, on medical grounds. The link that you provided goes on to talk about the procedure after a ban because it is in a section entitled “motoring offences”.

i provided the link to the guidance on this before, and this is what the relevant part says:

https://www.gov.uk/guidance/drug-or-alcohol-misuse-or-dependence-assessing-fitness-to-drive

[TABLE="width: 630"]
[TR]
[TD]Dependence confirmed by medical enquiry
Also refer to alcohol related seizure below[/TD]
[TD]✘- Must not drive and must notify the DVLA.

Licence will be refused or revoked until after a minimum of 1 year free of alcohol problems.

Abstinence is usually required, with normalised blood parameters if relevant.
[/TD]
[/TR]
[/TABLE]
There is NO requirement in these conditions for there to have been a conviction.....
 
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Milton

Active member
#9
OK so not drinking and driving is considered as serious as drinking and driving.
I don't think that having a blood test proves that a motorist is a dangerous driver.
This seems to prevent honest good people from visiting their Doctors in case they loose their
licence even though they don't drink and drive.
 
#10
Using that logic You might as well say that epilepsy is as dangerous as drink driving because your licence can be revoked for that as well, also a number of other medical conditions. It includes:

You must tell DVLA if you have a driving licence and:

  • you develop a ‘notifiable’ medical condition or disability
  • a condition or disability has got worse since you got your licence
Notifiable conditions are anything that could affect your ability to drive safely. They can include:

  • epilepsy
  • strokes
  • other neurological and mental health conditions
  • physical disabilities
  • visual impairments
I don’t think people will avoid discussing these issues with their GP.
at the end of the day it is about the safety of other road users.
If there are concerns about your fitness to drive, surely a reasonable person would not want to drive and put others at risk?
 

Milton

Active member
#11
Hi, although I agree with you post regarding serious medical conditions that make a person a danger on the roads,
I still think there is a confusion. Please let me explain.
I am am OAP free bus pass holder and from Monday to Thursday I bus down to my local town.
I go in the pubs and drink quite a lot. I bus back home well before closing time.
I don't drink on Fridays so I am completely sober for the weekend.
On weekends I use my car to visit my son and daughters.
I therefore do not drink and drive at all.
However, you seem to be implying that any deficiency in my liver function detected by a GP would result in
my licence being revoked.
I don't understand how any deficiency in my liver function makes me a danger to other road users.
If I was stopped and breath tested on the weekend I would pass with flying colours.
Are you implying that a deficiency in my liver function when I haven't been drinking makes me equivalent to a
driver who is drunk?
If that's the case then I will forget my bus pass, stop waiting for the bus in the cold and drive to the pubs.
 
#12
This debate is fine for the pub but does not assist with the purpose of this site which is to offer practical help and advice to people who have been stopped for drink driving. Perhaps you should form a pressure group to lobby for a change in the law, but with Brexit in the foremost of politicians minds for the foreseeable future I would not hold my breath on any changes being made as to how a persons fitness to hold a driving licence is assessed by DVLA.
I think your last sentence shows the depth of your thinking and I will not bother spending more of my time on discussing this further.
 

Milton

Active member
#13
The origanal poster stated:

"A friend of mine has had her driving licence revoked by the DVLA because of information
received alleging alcohol dependence".

Therefore the original poster was referring to someone who was not stopped for dring driving.
I therefore wonder why you allowed that posting and other simalar postings to appear on this site.

I never mentioned the EU or Brexit in my postings. However, it's interesting to read your comments regarding
the EU and Brexit.

I always suspected that the EU were behind all these mad extensions to the drink drive laws.

You have confirmed my suspicions, and thank you for that.

I will continue using the bus to visit the pubs in the week and if you and the EU consider me to be a danger on the
road you are welcome to your opinion.

If you and the EU consider a motorist who hasn't had an accident in 43 years of driving is a danger on the road
then I think you need to reconsider your ideas on danger.
 
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