Section 88

[Drongo]

This should be a simple question, but it seems not to be the case.

I was banned as a HRO in 2004, and my ban ended in 2006.

I never bothered to reapply for my license as I had got used to not driving and did not really need it at the time.

If I apply for my license now, can I drive under section 88 and if so, from what point can I do so?

 

[Xeronema]

This should be a simple question, but it seems not to be the case.

I was banned as a HRO in 2004, and my ban ended in 2006.

I never bothered to reapply for my license as I had got used to not driving and did not really need it at the time.

If I apply for my license now, can I drive under section 88 and if so, from what point can I do so?

You can't drive under Section 88.

Here's the information regarding Section 88: https://assets.publishing.service.g...i-drive-while-my-application-is-with-dvla.pdf

 

[Drongo]

I saw that but it confused me.
Where does it say that I cannot drive, pending return of my licence?

 

[Xeronema]

I actually don't know where it states that in the info leaflet, as you're not technically a HRO, as you were banned before the HRO's scheme was officially introduced.

I'd suggest asking the DVLA if you fulfil the criteria.

I'd be really interested to know what the DVLA say.

 

[C J 1980]

My understanding is that anyone convicted before the 1st June 2013 is not classed as a HRO, but I have been told of people who were banned in early 2013 that served out their ban until 2014 (after this date) falling into the HRO scheme. Unfortunately, the DVLA make their own rules up and continue to change the goal posts. As both your conviction and the expiry of your ban were years before the 2013 date you will not need to go through the DVLA medical procedure. However, I don’t think you can simply jump behind the wheel and drive under Section 88. This legislation is only relevant to those people who have legal been back on the road after a ban or revocation where the previous driving licence has expired.

CJ

 

[Bad_karma]

I would say that you can legally drive as you meet the criteria but you will have to check with the DVLA for confirmation as Xero says. If they say you can drive then ask them to email you some form of confirmation for proof. If they say you can drive but don’t send you proof then I wouldn’t risk driving yet. You may run into police on your travels and if the person they speak to has a different opinion to the one you spoke to then you could find yourself up the creek without a paddle.

The bigger problem you may face is finding someone to insure you as you aren’t going to be able to provide any evidence that you have a licence. Whilst you aren’t required to inform an insurer if your licence expires mid-policy and you are driving under S88, obtaining a policy under S88 in the first place without any form of recent licence may be a difficult task - although I may be wrong. If you are experiencing trouble with this speak to a broker, I’m sure there’s a workaround somewhere, it may just be a bit time consuming for you to find it. If you weren’t already aware your conviction is now filtered - this means it’s essentially sealed and you do not have to disclose it to anyone. When looking for insurance do not mention that you lost your licence or were disqualified, simply say you haven’t been driving and are waiting for your licence to be renewed

 

[Xeronema]

I would say that you can legally drive as you meet the criteria but you will have to check with the DVLA for confirmation as Xero says. If they say you can drive then ask them to email you some form of confirmation for proof. If they say you can drive but don’t send you proof then I wouldn’t risk driving yet. You may run into police on your travels and if the person they speak to has a different opinion to the one you spoke to then you could find yourself up the creek without a paddle.

The bigger problem you may face is finding someone to insure you as you aren’t going to be able to provide any evidence that you have a licence. Whilst you aren’t required to inform an insurer if your licence expires mid-policy and you are driving under S88, obtaining a policy under S88 in the first place without any form of recent licence may be a difficult task - although I may be wrong. If you are experiencing trouble with this speak to a broker, I’m sure there’s a workaround somewhere, it may just be a bit time consuming for you to find it. If you weren’t already aware your conviction is now filtered - this means it’s essentially sealed and you do not have to disclose it to anyone. When looking for insurance do not mention that you lost your licence or were disqualified, simply say you haven’t been driving and are waiting for your licence to be renewed

Good point made - something I'd overlooked in my reply.

I've looked through the forum and found this thread from 2022. It certainly wasn't easy to get insurance whilst driving under Section 88, and that was for someone who's licence had only just expired.

Will anyone insure me on a section 88?

Hi, My one year licence expired on 31 October but I've been able to drive under a section 88, after my GP confirmed that he saw no reason that I'd be unfit to drive. However, my insurance ran out a few days ago and because my temporary licence has expired, my insurance company wouldn't renew...

www.forum.drinkdriving.org

It may be of some help.

 

[Wonkeydonkey]

I dont think you can drive unless you've already passed the medical and had at least a yearly licence and you're in the medical process again after your yearly has expired, unless they've changed the rules.

 

[Xeronema]

I dont think you can drive unless you've already passed the medical and had at least a yearly licence and you're in the medical process again after your yearly has expired, unless they've changed the rules.

They shouldn't need to pass a medical, as they aren't technically a HRO, so they shouldn't need to go for one. I would have been the same, had it not been for being previously alcohol dependant (I had this confirmed by the DVLA, that I only had to go through the DVLA medical process because of past alcohol dependency). My two drink drives were before the HRO scheme came into play.

I think that it's going to be difficult to get insured, especially if you've not had a valid driving licence for many years. I'd be interested in knowing how they get on with it.

 

[Bad_karma]

They shouldn't need to pass a medical, as they aren't technically a HRO, so they shouldn't need to go for one.

I think they will still need to

From the history page of this site (unaware we had one until now) -

High Risk Offender Scheme​

1983 also saw the introduction of the High Risk Offender (HRO) scheme, intended to manage convicted drink drivers who may have an alcohol problem. This is achieved by attending a DVLA medical, part of the medical includes providing a blood sample for analysis.

High Risk Offenders are drivers who:

• Have been disqualified by order of a court for being over two and a half times the legal drink driving limit with a blood alcohol content that equalled or exceeded:
  
  1. 87.5 microgrammes per 100 millilitres of breath, or
  2. 200 milligrammes per 100 millilitres of blood, or
  3. 267.5 milligrammes per 100 millilitres of urine; OR
• Have been disqualified by order of a court for failing, without reasonable excuse, to provide a specimen for analysis when ordered to do so pursuant to section 7 of The Road Traffic Act 1988; OR

In 1991, in addition to drivers who fall into the categories above, the high risk offender scheme was extended to cover drivers who:

• Have been disqualified by an order of court on two or more occasions within a 10 year period for any drink drive offence

In 2013, in addition to drivers who fall into the categories above, the high risk offender scheme was extended to cover drivers who:

• Have been disqualified by order of court by reason of failing, without reasonable excuse, to give permission for a laboratory test of a specimen of blood taken while that person was incapable of consenting.

Whilst we had a few updates to the legislation in 2013, the concept of HRO significantly predated this. Whilst OP is eligible (from what I can tell although I appreciate we all have a different opinion given its complexity) to make use of the S88 loophole, that would simply allow them to drive under S88 whilst awaiting the outcome of the medical as opposed to escaping having to do it all together (from what I can tell)

 

[nats]

This should be a simple question, but it seems not to be the case.

I was banned as a HRO in 2004, and my ban ended in 2006.

I never bothered to reapply for my license as I had got used to not driving and did not really need it at the time.

If I apply for my license now, can I drive under section 88 and if so, from what point can I do so?

Hi I hope this helps I’ve just applied for my license as my ban ends on the 15 th of April. I spoke with the DVLA as I had a few questions about the form I have to say they were very helpful. Basically they said if my license hadn’t arrived by the 15 th I could drive from that date as long as the DVLA had approved my application??? I sent the application off signed for as the nice gentleman at the DVLA advised . The dr10 remains on your license for 11 years from the date of conviction and after 5 years it’s spent and you no longer need to declare it to insurance companies.He also said it’s taking approximately 3 weeks to issue new licenses. I personally won’t drive until I have my license in my hand just in case . All best

 

[Bad_karma]

Please do come back and update us @Drongo if and when you get confirmation from DVLA that you can drive as well as how you get on with insurance (if applicable)

 

[Sec882024]

This should be a simple question, but it seems not to be the case.

I was banned as a HRO in 2004, and my ban ended in 2006.

I never bothered to reapply for my license as I had got used to not driving and did not really need it at the time.

If I apply for my license now, can I drive under section 88 and if so, from what point can I do so?

This should be a simple question, but it seems not to be the case.

I was banned as a HRO in 2004, and my ban ended in 2006.

I never bothered to reapply for my license as I had got used to not driving and did not really need it at the time.

If I apply for my license now, can I drive under section 88 and if so, from what point can I do so?

Someone I know well got banned DD 22 years ago. Didn’t bother driving last year he decided to get back driving to get hospital appointments mainly. And he was sent for a medica and went through same process as HRO does. He got 10 year license back.