Medical Revocation of Driving Licence

For anyone facing a possible medical revocation of their driving licence, you should contact an expert medical revocation solicitor. In order to use the public roads safely as a driver, you must be in good health and fit to drive, so as to ensure that as a licence holder you are not a risk to other road users.

The Secretary of State for Transport, acting through the medical advisers at the Driver and Vehicle Licencing Agency (DVLA), has responsibility to ensure that all licence holders are fit to drive, and measures can be put in place for the Medical Revocation of a Drivers Licence.

These medical standards are applicable to both Group 1 and Group 2 licence holders.  Group 1 licence holders include those who drive motor cars and motor cycles.  Group 2 licence holders refer to large lorries (Category C) and Buses (Category D). The medical standards for Group 2 drivers are much higher than those of Group 1 due to the size and weight of the vehicle, as well as the amount of time spent on the road behind the wheel.

 

Does a medical revocation apply to me?

Medical revocation of a driving licence can apply to both Group 1 and Group 2 licence holders, once the medical advisers at the DVLA determine that a licence holder is not fit to drive. Should you be facing investigation on a medical revocation issue, you’ll benefit from the guidance of a good medical revocation solicitor.

Caddick Davies can help to support you through the process, whether the issue is related to alcohol misuse or dependency and driving, epilepsy and driving, seizures and driving, or any other medical issue, so that you’re fully informed at all points of the process. The DVLA can investigate a driver’s fitness to drive in a number of different ways, which are as follows:

  1. The licence holder or applicant for a licence informs the DVLA of a condition which could affect their driving i.e. cardiovascular issues, Diabetes,
  2. The Police have concerns about the health and wellbeing of a licence holder after a particular accident i.e. unfamiliarity of roads or road signs due to dementia,
  3. The licence holder has been convicted and sentenced to a drink or drug related offence,
  4. The licence holders Doctor informs the Driver that they are not fit to drive and subsequently informs the DVLA of their diagnosis i.e. epilepsy, mental disorder, fainting or persistent misuse of drugs or alcohol.

 

What happens when the DVLA are informed about my fitness to drive?

Here at Caddick Davies, we have acted as medical revocation solicitors for many motoring clients in Liverpool, Manchester, London and around the country. We have extensive experience and are respected in courts up and down the country, so if you’re thinking ‘I’ve lost my licence due to being sick’ or ‘am I about to lose my licence?’ then we’re the ideal legal support to seek. The process tends to follow a similar pattern that we are familiar with.

The DVLA becoming aware of a licence holder’s fitness to drive will lead them to conduct their own investigation through seeking relevant medical information from the individual’s Doctor. If the DVLA determine that the licence holder is a risk to other road users through supporting medical documents, they will seek to a revocation of your licence on medical grounds.

If your Group 1 or Group 2 licence is revoked on medical grounds then unfortunately you will no longer be in a position to drive. This is obviously a confusing and distressing time for many drivers, particularly if they you on driving for your livelihood and/or your family’s wellbeing. Should you find yourself in this position, it’s important to get in touch with an experienced and respected motoring offence lawyer like Caddick Davies as soon as possible. We specialise in motoring offences so that we can focus our full legal expertise on this area of the law.

 

Will I be able to drive my vehicle when the DVLA are conducting their investigations?

Group 1 or Group 2 licence holders will retain their entitlement to drive under Section 88 of the Road Traffic Act 1988. However, if a licence has previously been revoked due to a medical reason then this entitlement is lost and the licence holder will have to cease driving immediately.

It is important to know exactly where you stand in terms of your legal entitlement, so it is vital that you are advised by legal experts who can help you explore your legal options and the best course of action going forward. Having represented many clients with the medical revocation of a licence, Caddick Davies are ideally placed to serve as your medical revocation solicitor and support you at this time.

 

What can I do if I receive a medical revocation for my Group 1 or Group 2 licence and I want to challenge the DVLA’s decision?

Once the DVLA has made their decision, they will inform the licence holder accordingly of their findings and reasons for the medical revocation. In addition to the above and within the same letter, the DVLA will provide you with the following information:

“If your General Practitioner or Specialist can provide any additional information about your condition that shows, in their view, that you can meet the required medical standard, please forward this information to the DVLA.”

“Although you may have a right to appeal to the Courts as indicated in the attached notice (medical revocation grounds) you should be aware that taking legal proceedings can be costly and unnecessary. If you have any further medical evidence or information, which may be relevant to your medical condition and therefore, your fitness to drive, please provide this to the DVLA. You may find that we can resolve the issue in this way.”

For anyone looking to begin their challenge to a revocation decision, it is vital that you do so with the support of a legal expert to ensure that your challenge has the strongest legal possibility of succeeding. Whether the revocation is related to alcohol dependency and misuse and driving, epilepsy and driving, seizures and driving, or a range of other medical conditions, if Caddick Davies takes on your case, then we’ll analyse the legal and medical details and build a strong appeal.

We’ll help you approach the appeal in the most effective way possible and that you are fully informed at each point of the process. In light of the above information, there is a two-step process to appeal against the DVLA’s decision, namely written representations to reinstate your licence, or an appeal to the Magistrates Court:

  • Written Representations:

If your licence has been revoked on medical grounds, it is crucial that you obtain advice from us immediately on your right to appeal against the DVLA’s decision. We will assess your case for any grounds of appeal, and if there are grounds to appeal, then we would make written representations to the DVLA to reinstate your licence. It is important that you do this as soon as possible after receiving any notice as there is a six month time limit on appealing the decision to the Magistrates’ Court.

Written representations will be provided to the DVLA with supporting documents so as to allow the medical panel at the DVLA to determine our representations. If the DVLA adhere to our requests then you will be in a position to re-apply for your licence and be driving once the application is processed. If the DVLA does not adhere to our requests or suggestions then you can appeal directly to the Magistrates Court.

  • Appeal Medical Revocation to Magistrates Court:

If the DVLA has maintained their stance and they are unwilling to re-instate your licence, then you still have the possibility to appeal to a local Magistrates Court. The legal process states that the appeal must be made to the Magistrates Court within six months.  The Magistrates Court will list an appeal against a medical revocation and it will be for us to show “on the balance of probabilities” that the licence holder is in good health and fit to drive. It will be essential that supporting documents are obtained to ensure the right outcome is achieved.

The supporting documents could include letters from your Doctor, Employer, colleagues and even family.  If the Magistrates determine that the DVLA are incorrect in their decision, then they can request the DVLA re-instate the Group 1 or Group 2 licence. The Magistrates’ Court rarely deals with these cases, so it is essential to have someone like ourselves to do this on your behalf to ensure that matters can be expedited.

 

How would I explore an appeal with Caddick Davies?

As the leading motoring offence solicitors in the country, we are highly experienced in supporting clients through a range of motoring legal issues, including the difficult process of the medical revocation of a driver’s licence. We understand that this is a troubling situation, so we look to helpfully and sensitively support clients through the legal process involved.

Once you contact us to tell us you lost your licence owing to a medical condition, or that you’re facing a possible revocation over an issue such as epilepsy and/or seizures, one of our legal team will be able to discuss your case with you and arrange a consultation. At this consultation, we will examine the legal and medical details of your case and give you an honest assessment on whether it is likely to be effective to pursue an appeal.

Here at Caddick Davies, the quality and experience of our legal team gives you the best possible chance of a successful outcome, but we will also inform you when we think an appeal may be a waste of your time and money. We’re not looking to just give you a sales pitch or burden you with legal costs; we’re here to offer insight on a complex area of the law and to provide expert legal representation where it is needed.

In terms of paying for your appeal, we tend to operate on a ‘Fixed Fee’ model that gives you a clear indication of the likely legal costs. Obviously these costs can depend on whether you are successful with the initial written representation or whether you need to take your appeal all the way to the Magistrates Court, but whatever the course of action, Caddick Davies offer highly competitive rates.

In addition to offering these competitive rates, our services as a medical revocation solicitor are also available on a range of payment plans, allowing clients to spread the costs of the expert legal support they deserve at such a key time. We’re passionate about helping motorists to find the proper representation and advice, understanding how vital driving can be to peoples’ lives. This is especially true in a case of a medical issue that is out of your control and already likely to be causing you challenges in your life.

 

If you or someone you know has found yourself in a situation where the DVLA has removed your entitlement to drive through a medical revocation, then please contact one of our expert legal specialists here at Caddick Davies. They will be able to advise you accordingly and offer advice on the best course of action going forward. Whether you are in Manchester, Liverpool, Leeds, Sheffield, Cardiff, London or any other part of England and Wales, we are well equipped to represent you in courts around the country.

Give us a call or an email today and we will ensure that you get the best advice possible in the area of medical revocation of a driving licence and any grounds for appeal. We make it our priority to provide every single motorist in need of legal help with the best legal services in their region. Get in touch with Caddick Davies to find out more.

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