A Guide to Driving Licenses Driving Licences This is a brief guide about what to do if your application for a driving licence is refused or if your licence has been revoked. If you wish to appeal against a refusal or revocation you or your representative will need to look at the legislation which governs driving licences in more detail. The main legislation that governs driving licences is the Road Traffic Act 1988 (RTA) and the The Motor Vehicles (Driving Licences) Regulations 1999. A person applying for a driving licence must declare on the application if s/he has, or has at any time had a relevant disability or a prospective disability. If a person who already has a driving licence develops a relevant or prospective disability or if an existing disability becomes more acute, s/he must notify the Driver and Vehicle Licensing Agency (DVLA). The DVLA does not have to be notified if the disability is new and there are reasonable grounds for believing that it will not last for more than 3 months. What is a relevant disability? The Regulations set out relevant disabilities which are: a) epilepsy; b) severe mental disorder; c) liability to sudden attacks of disabling giddiness or fainting; d) liability to sudden attacks of disabling giddiness or fainting which are caused by any disorder or defect of the heart which has caused the applicant for the licence or the licence holder to have a device, such as a pacemaker implanted; e) persistent misuse of drugs or alcohol whether or not such misuse amounts to dependency; f) any other disability likely to cause the driver to be a danger to the public when driving a vehicle. The Regulations set out relevant disabilities in more detail and the effect of particular disabilities on your ability to hold a driving licence. It is important, therefore, always to look at the Regulations in each individual case. What is a prospective disability? A prospective disability is one that may become a relevant disability in the course of time e.g. a progressive disability such as multiple sclerosis Important Note - failure to notify the DVLA of the disability in these circumstances is an offence. If you have a relevant disability the DVLA will refuse to give you a driving licence or if you already have a licence, will revoke it. What if I my disability is not one of the 'relevant disabilities' listed above? If your disability is not a relevant disability as described above the DVLA will base its decision on whether or not to refuse or revoke your licence on guidelines produced by its own medical experts. These guidelines are set out in two publications called 'Customer Service Guide for Drivers with Medical Conditions' and ‘At a glance guide to the current medical standards of fitness to drive’. Copies of these publications are available from the DVLA; see 'Useful Organisations' at the end of this factsheet or from the DVLA website: www.dvla.gov.uk/medical/about_dri_med.aspx. If your licence has been revoked or refused the DVLA should give you its reasons and the medical standard which you have failed to meet in writing. You may, however, find that the standard that it gives you is more strict than the one set out in its publication. This is often because the DVLA does not update its publication each time a standard is changed. What can I do if my application for a licence is refused or if my licence is revoked? You have the right to appeal against the decision to refuse or revoke your licence to the Magistrates Court. You must appeal within 6 months of the decision. Before you appeal to the Magistrates Court you must give notice of your intention to appeal to the DVLA. Where can I get help with preparing my appeal? We regret that the Disability Law Service is not able to provide further assistance or representation for such appeals in the Magistrates Court. If you are unable to conduct the appeal yourself you will need to seek help from a local solicitor or Citizens Advice Bureau. If your income and capital is low (and you do not have much money saved) you may be able to get free advice from a solicitor under the Legal Help Scheme. This will not, however, enable your solicitor to represent you in the Magistrates Court. Legal Aid is not available for such appeals. This means that the solicitor will not be able to represent you in the Magistrates Court unless you are able to pay him or her. In addition, if you lose your appeal against the DVLA’s decision the Magistrates may make a costs order against you. This means that you will be ordered to pay the DVLA’s legal costs in defending its decision as well as your own legal costs. Remember that it is up to you to prove, with evidence, that the DVLA’s decision was wrong. What sort of evidence will I need? You should try to obtain a further medical report from an appropriate specialist which is more favourable and which states that in that medical expert’s opinion you are able to drive safely. It may be helpful to show your medical expert the DVLA’s guidelines set out in its publication ‘At a glance guide to the current medical standards of fitness to drive’ If you can obtain such a report you should consider sending it to the DVLA and asking it to review its decision to refuse or revoke your licence. If the DVLA is prepared to do this you will not have to go through the process of an appeal in the Magistrates Court. Other evidence which might be useful for your appeal in the Magistrates court is: * a full driving history, ideally indicating a significant amount of mileage with no accidents; * an expert assessment of your driving ability - see 'Useful Organisations' for centres which may be able to do such an assessment. You should be aware, however, that the DVLA’s guidelines have been prepared by medical experts. It will be difficult to prove that you are safe to drive if you fail the DVLA’s standards. Finally, you should note that the standards are often much higher for Group 2 licences which cover Heavy Goods Vehicles (HGVs) and some other professional uses than for Group 1 licences which are for normal domestic use. Useful Organisations We regret that the Disability Law Service is unable to assist with appeals to the DVLA or in the Magistrates Court. Statutory Body Addresses: DVLA Drivers Medical Unit Longview Road Morriston Swansea SA99 1TU Telephone: 01792 783 686 For Northern Ireland Driver and Vehicle Licensing (Northern Ireland) Castlerock Road Coleraine BT51 3HS Telephone: 01265 41200 Other Useful Addresses Banstead Mobility Centre Damson Way Fountain Drive Carshalton Surrey SM5 4NR Telephone: 020 8770 1151 Clatterbridge Driving Assessment Centre for the Disabled Clatterbridge Hospital Bebington Wirral Merseyside L63 4JY Telephone: 0151 334 4000 Cornwell Friends Mobility Centre Tehidy House Treliske Hospital Truro Cornwall TR1 3LJ Telephone: 01872 254 Derby Disabled Driving Centre Kingsway Hospital Kingsway Derby DE3 3LZ Telephone: 01332 371 929 Disability Action (DA) 2 Annadale Avenue Belfast BT7 3UR Telephone: 01232 491011 Driving Assessment Centre Mary Malborough Lodge Nuffield Orthopaedic Centre NHS Trust Windmill Road Oxford OX3 7LD Telephone: 01865 227449 Edinburgh Driving Assessment Service Mobility Centre Asteley Ainslie Hospital 133 Grange Loan Edinburgh EH9 2HL Telephone: 0131 537 9192 Irish Wheelchair Association Blackheath Drive Clontarf Dublin 3 Telephone: (353) 1 833 8241 Kilverstone Mobility Centre 2 Napier Place Thetford Norfolk IP24 3RL Telephone: 01842 753 029 Mobility Advice & Vehicle Information Service (MAVIS) Department of Transport 'O' Wing, Macadam Avenue Old Wokingham Road Crowthorne Berkshire RG45 6XD Telephone: 0191 219 5694 Mobility Information Service Unit 2A Atcham Estate Upton Magna Shrewsbury SY4 4UG Telephone: 01743 761 889 Regional Rehabilitation Mobility Centre Hillcrest Rehabilitation Centre Moseley Hall Hospital Alcester Road Moseley Birmingham B13 8JD Telephone: 0121 442 4321 ext 306 Rookwood Hospital Llandaff Cardiff CF5 2NY Telephone: 01222 566 281 Wales Disabled Drivers Assessment Centre 18 Plas Newydd Whitchurch Cardiff CF4 1NR Telephone: 01222 615 276 Wrighton Mobility Centre Wrighton Hospital Hall Lane Wrightington Wigan Lancs. WD6 3EP Telephone: 01257 256 409 ______________________________________________________________ Legal Disclaimer Although great care has been taken in the compilation and preparation of this work to ensure accuracy, DLS cannot accept responsibility for any errors or omissions. All information provided is for education/informative purposes and is not a substitute for professional advice. Any organisations, telephone numbers and links to external web-sites have been carefully selected but are provided without any endorsement of the content of those sites. For further advice on these matters please contact: Disability Law Service Telephone: 020 7791 9800 Minicom: 020 7791 9801 Fax: 020 7791 9802 Email: advice@dls.org.uk Or write to us at: 39 – 45 Cavell Street, London E1 2BP Registered Charity Number 280805, Company Registration Number 1408520 Last updated: July 2009