Having your driving licence revoked on medical grounds is a power available to the DVLA. The relevant provisions are to be found in the Road Traffic Act 1988. We find that this type of revocation often comes as a considerable surprise to the driver, who might have received little or no warning that his/her driving licence was at risk.
Driving Licence Revoked – Offence codes: LC30/LC40/LC50/MS40/MS70/MS80
Having your driving licence revoked usually relates to alleged dependency on alcohol or illegal drugs, but we have dealt with cases where the alleged dependency was in relation to ‘over the counter’ painkillers. The revocation of a driving licence might follow a conviction for a motoring offence, such as drink driving, but mostly it will not be connected to a motoring offence at all.
IF YOU HAVE ANY QUESTIONS REGARDING REVOCATION OF YOUR DRIVING LICENCE, THEN CALL FOR FREE ADVICE ON 0800 0126039 OR CLICK HERE TO FILL OUT AN ENQUIRY FORM
Other cases that we have dealt with at Keep Your Licence include revocation of a driving licence on the grounds of mental health issues such as dementia or personality disorders, or those who have suffered a stroke. Of course, in these circumstances, there must be some relationship between the identified medical or disability issue, and the person’s ability to drive. The legislation is intended to provide the DVLA with the power to remove unfit drivers before they have had accidents or committed offences. A stroke can seriously affect a person’s ability to drive safely (due to visual disturbances, difficulty concentrating for long periods of time, or an inability to make quick decisions. But this does not mean that you driving after a stroke is impossible. If there is no impairment of driving, then the revocation of the driving licence is not appropriate.
These are often difficult cases because the DVLA can be slow to communicate with those whose driving licences have been revoked. It can be difficult to identify the evidence upon which the DVLA has relied in making the decision to revoke. Indeed, there is often very little admissible evidence, at least as one might recognise the concept in a court setting.
Those wishing to challenge the revocation of their driving licence in England or Wales can do so by lodging an appeal to their local Magistrates Court within 6 months of the decision to revoke. This is a strict time limit, and clients are urged to avoid any delay in obtaining expert advice about the possibility of an appeal against the revocation of their driving licence.
The time limit is Scotland is different, where a driver must bring his appeal against revocation within 3 weeks of the decision being made.
There will often be a need to acquire medical evidence to rebut the concerns of the DVLA. The precise nature of the expert evidence required will be dictated by the nature of the medical/disability grounds relied upon by the DVLA. By way of example, in cases involving an allegation of ongoing dependency on alcohol, blood and hair samples can be taken from the client and analysed. The results can enable a medical expert to say whether and to what extent the client has consumed alcohol in recent months.
If this type of expert report is required, then we will arrange for this to be done on your behalf. We will also advise you of any other steps you may need to take to strengthen your appeal.
Feedback from a Keep Your Licence client:
“I had to plead guilty to no insurance and received a tally of 12 points. Richard set out my case and managed to keep my licence. I will recommend Keep Your Licence to my friends and family.”
Had your driving licence revoked by the DVLA, or would like our advice about driving after a stroke or other medical condition, we would strongly advise that you give us a call on 0800 0126039 or fill out an online enquiry. We will be able to provide you with free and without obligation advice as to how best to proceed.