How to make a complaint about the DVLA medical assessment process

Section 88 question

Convicted Driver Insurance

juvador

New Member
Hello I have a question if anyone is able to help.

I am wondering if I am able to drive under Section 88 because my licence will expire before I will hear the result of application.

-nothing to do with alcohol but about 2.5 years ago I tried cannabis which my doctor knows about. the cannabis wasn't abused or used before driving I just tried it in my own time and made the mistake of telling social worker who passed it on

-I did visit GP re this. my GP is satisfied I am stable, and that I haven't used cannabis for 2.5 years

-the DVLA were happy with the mental health form the GP sent them, but because I have used cannabis within 3 years they want me to go for another medical (to have a urine test for cannabis that's all)
 
Can you clarify what your situation is..... reading your story, it appears that you are NOT a convicted drink driver, can you confirm that you did NOT have your licence revoked by DVLA, they are making enquiries on your fitness and your licence is due for renewal?
IF that is the case then you CAN drive whilst your application is considered under S88. If they have not decided before your licence runs out you should ask DVLA to confirm that you CAN drive and supply you with a letter confirming this, which you can show to the police if you are stopped.
The link you have been sent explains this, but it is your responsibility to ensure that you meet the criteria.
 
nothing to do with alcohol, and I have never driven under the influence of anything. I just have to go for a medical because I mentioned I had used cannabis in the past (which was in my own time). I hold a licence just now and drive most days, but it will expire in a month's time

I just received the letter asking me to go for another medical even though it was fine last year (urine sample), last year it took 4 weeks just to get an appointment and then another 8 weeks after that before anyone at the DVLA would even get round to looking at my case. So it looks like after my current licence expires there will be a 2 month approx gap

and it's been 2.5 years since I last used cannabis, I don't use anything else and I hardly ever drink. so I am 100% positive I will pass the medical
 
Sorry if this sounds picky, but you have still not fully explained your situation... the devil is in the precise detail of what is allowed and not allowed!
Who did you mention cannabis to originally, how did DVLA find out and what did they do about your licence? What have DVLA done about your driving? If they have just been asking you questions then you are fine under S88 while a decision is being made, if they found out about and revoked your licence, then Last year you got it back and now it is due for renewal then you are NOT ok to drive under S88.
 
Because I told the DVLA I have asperger's I only get a licence for a year at a time with yearly reviews. The DVLA know about the time I tried cannabis because I told social worker who told my GP who put it on the form to the DVLA. but by the time the DVLA knew about the cannabis it was after 6 months had passed so this hasn't affected my licence other than having to attend medicals which is extremely inconvenient for me. I haven't used cannabis for 2.5 years but I guess my word isn't enough, I need to go for a medical yet again and have my urine tested by a lab (which I understand the DVLA pay £100 for)

guess that will teach me to keep my mouth shut. I don't regret trying cannabis but I do regret opening my mouth

slightly off-topic but I also can't help noticing that with alcohol usage the DVLA/other services make a distinction between responsible use and abuse, but with cannabis any usage at all it classed as "abuse" by all professional services even if you insist you used it responsibly and educated yourself on it first.
 
Juvador,
In the circumstances you have described, you should be able to drive under s88 but as I said, I would advise getting it in writing from DVLA. One as a reassurance and two, as something to show the police if you are stopped. The only downside to an authority to drive could be that hire companies may well not accept it as proof of entitlement to drive if you needed to hire a car,
As to the cannabis use, or should I say abuse, the difference is clear. You can misuse alcohol, because it is legal, but can be used irresponsibly.....whereas cannabis, no matter how well it is researched first by a user, remains illegal in the U.K. so someone using is it abusing a substance.
 
Yes I was planning on calling the DVLA and asking to be sure

I presume once my licence has expired if I drive and pass one of those police vehicles with the reg-plate recognition system that will flag up my licence has expired and they will pull me over?

edit: too bad I don't live in somewhere like Colorado or Canada then I wouldn't have all this inconvenience
 
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juvador said:
Yes I was planning on calling the DVLA and asking to be sure

I presume once my licence has expired if I drive and pass one of those police vehicles with the reg-plate recognition system that will flag up my licence has expired and they will pull me over?

edit: too bad I don't live in somewhere like Colorado or Canada then I wouldn't have all this inconvenience
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When you had your urine screen did they give you the result in the surgery ? I've gotta do one soon and I've heard horror stories that some of these sample pots have given false positives for Drugs that you've not taken , then when another is redone it's been accurate , ie some can be unstable ???
 
no they have to send the urine sample to a lab in Birmingham, which then sends the results to the DVLA. That only takes about a week however, but then it will be a further 7 weeks after that before anyone at the DVLA will even get round to looking at it (but when they do look at it you will hear within about 2 days).

So after the medical expect to wait about 8 weeks to hear the result.
 
juvador said:
no they have to send the urine sample to a lab in Birmingham, which then sends the results to the DVLA. That only takes about a week however, but then it will be a further 7 weeks after that before anyone at the DVLA will even get round to looking at it (but when they do look at it you will hear within about 2 days).

So after the medical expect to wait about 8 weeks to hear the result.
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Thanks juvador !! It sounds like your sample doesn't go in one of these they use a Drug testing clinics/rehabs, the pot you piddle in on those test for Cannabis, Opiods, Cocaine , Subutex, Methadone and Benzos in one test , the Line type test , ?? It's sounding like they send it off and test it for all kinds of drugs . Hope it's the case because I've been clean for over 3 years , but my worry was those all in one pots , I've had False positives in the past , redone a screen straight after and it's been negative , I was worried about them using these testers cause as you said they don't tell you the result and it could , unlikely tho , be a Duff , faulty kit ... Thanks again bud
 
I just had medical, you may be interested to know the lab will even check the density of the urine to determine how much of it is water.

And it's just one pot you pee into.
 
I have another question btw- I expect my current licence to expire before I hear the results. But if the results are fine and all is well does that mean I can just start driving again as soon as I receive the letter? or does that mean because I have an expired licence I have to apply for a licence again and go through all the questionnaire forms another time?
 
juvador said:
I just had medical, you may be interested to know the lab will even check the density of the urine to determine how much of it is water.

And it's just one pot you pee into.
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What do you mean there juvador ? Are you saying they are testing to see who has gone on a Buxton spring water binge for a week to flush out excess illicit drugs ? Cause that makes no sense , water can help to extract substances but it's not a fast track way to be clean as you'll know , enzymes from certain drugs can depending on age , fitness, weight , be stored in your liver and kidneys for a long time , but on a Home office website it tells you who's manufacturers testing kits and reading between the lines they use different ones ( 3 ) for Opioids, THC, Cocaine , benzodiazepines, methamphetamine , and MDMA, So am I correct in saying they are testing for excess fluid intake ( water ) to come to a conclusion "He/she is clean of their drug of choice but the water contents volume in the sample is saying they've used a substance ? It makes me question this also if someone Runs , goes the Gym , drinks plenty of water to 're hydrate ? Could you just clarify this for me , thanks
 
Papa Lazarou said:
What do you mean there juvador ? Are you saying they are testing to see who has gone on a Buxton spring water binge for a week to flush out excess illicit drugs ? Cause that makes no sense , water can help to extract substances but it's not a fast track way to be clean as you'll know , enzymes from certain drugs can depending on age , fitness, weight , be stored in your liver and kidneys for a long time , but on a Home office website it tells you who's manufacturers testing kits and reading between the lines they use different ones ( 3 ) for Opioids, THC, Cocaine , benzodiazepines, methamphetamine , and MDMA, So am I correct in saying they are testing for excess fluid intake ( water ) to come to a conclusion "He/she is clean of their drug of choice but the water contents volume in the sample is saying they've used a substance ? It makes me question this also if someone Runs , goes the Gym , drinks plenty of water to 're hydrate ? Could you just clarify this for me , thanks
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I'm sure too they check that urine hasn't been watered down , I know your watched , but where there's a will , there's a way ! Some ill guarantee have tried this on ...
 
If the lab deems the sample too diluted it will be rejected and a request for another will be made (which would of course be highly inconvenient for the person being tested as it would delay their driving application for weeks or even months). But the doctor today told me in 3 years the surgery he works at and does these tests has only had one case where a sample has been returned because it's too diluted.
 
juvador said:
If the lab deems the sample too diluted it will be rejected and a request for another will be made (which would of course be highly inconvenient for the person being tested as it would delay their driving application for weeks or even months). But the doctor today told me in 3 years the surgery he works at and does these tests has only had one case where a sample has been returned because it's too diluted.
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Arrrrr, you know bud, on my letter ( it's making sense now )'it says "we recommend you limit your fluid intake at least two hours prior to your examination !! That must be the point , my medical I'd at 10.30 , it's a crazy 2 hrs 49'minute Bus to Two more buses route , I could drive in that time Staffs to Blackpool and back ,,, I'll be bloody legs double crossed by 10.00',-
I'll have one brew at 7 am then nothing else or I'll guarantee need a comfort break and end up being bladder shy and have to drink water ! Ill tie a knot in it lol
..Thanks bud
 
Is it a 9 panel test they test for or is it absolutely everything? Is it the main drugs, ie cocaine, mdma, Amphetamines, etc
 
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