Driving Licence Revocation? Driving Licence refused? Read on…
Police can report drivers to the Driver and Vehicle Licensing Agency (“DVLA”) where there is evidence the driver in question may pose a risk to other road users; such reporting can lead to a driver’s licence being revoked.
Warwickshire Police recently announced they had found evidence of over 109 drivers posing a risk to other road users in the county during 2024 for reasons such as substance abuse and experiencing a medical episode whilst under the influence of cocaine.
Whilst driving when under the influence of illegal and non-prescribed drugs or alcohol as well as illegal and non-prescribed drugs or alcohol misuse / dependence are understood by the public at large to be valid reasons for a driving licence being revoked, it is important to note that these matters are not always straightforward and there is DVLA guidance published for medical professionals which assists in assessing the position of drivers and sets out when the DVLA would accept reapplication from such drivers. Of course, these are not the only reasons for a licences being revoked and some further reasons are set out below.
There are a growing number of licences being revoked for eyesight reasons in relation to specific age groups, as recently reported.
Having your driving licence revoked or your application for a driving licence refused can have a devastating effect on individuals who rely upon their licence for various reasons such as work or have dependents and find themselves in a position where they suffer loss of income. This can also lead to individuals experiencing mental health issues due to their loss of mobility and independence and their inability to help their families who rely on them, such as elderly relatives and young children.
Section 92(2) of the Road Traffic Act 1988 states a “relevant disability” in relation to any means –
- Any prescribed disability, and
- Any other disability likely to cause the driving of a vehicle by him in pursuance of a licence to be a source of danger to the public.
The Motor Vehicles (Driving Licences) Regulations 1999 (as amended) prescribes disabilities for the purposes of section 92(2) of the Road Traffic Act 1998 as relevant disabilities in relation to an applicant for, or person who holds, a Group 1 or Group 2 licence. The disabilities which are prescribed by this legislation include:
- Severe mental disorder
- liability to sudden attacks of disabling giddiness or fainting which are caused by any disorder or defect of the heart as a result of which the applicant for the licence or, as the case may be, the holder of the licence has a device implanted in his body, being a device which, by operating on the heart so as to regulate its action, is designed to correct the disorder or defect;
- liability to sudden attacks of disabling giddiness or fainting, other than attacks falling within the above paragraph;
- persistent misuse of drugs or alcohol, whether or not such misuse amounts to dependency
- impairment of vision
- epilepsy
- an isolated seizure
- diabetes mellitus
Section 92(4)(b) of the Road Traffic Act 1988 states the Secretary of State must not refuse to grant a licence on account of the relevant disability if the applicant can satisfy such conditions as may be prescribed, meaning it is possible to challenge a DVLA decision.
In order to challenge a DVLA decision, it is necessary to consider the extent of the medical enquiries made by DVLA in relation to how it reached its decision that an individual is not fit to drive and whether the decision was made having obtained complete information in respect of an individual’s medical history and considering both legislation and medical guidance published by DVLA.
All may not be lost if you have had your licence revoked, or your driving licence application refused, as we can review your DVLA and medical records and advise on collating and producing relevant evidence to challenge such DVLA decisions by way of appeal, if applicable. This can and has resulted in the DVLA reviewing its decision and reinstating an individual’s driving licence or inviting re-application from the individual.
Comment
Joanna Onisiforou, Associate in our Regulatory and Criminal Group, comments:
“It can be daunting to be on the receiving end of having your driving licence revoked or being unsuccessful in your attempt to obtain a licence.
Our specialist team will be able to offer advice to you in respect of whether you can appeal a decision by DVLA and the likelihood of success. We can also assist you with obtaining supporting evidence to attach to your application, should you be out of time for appealing or where an appeal is not the appropriate action to take.”
Loren Hills, Associate in our Regulatory and Criminal Group, comments:
“We have the specialist knowledge and understanding of the legislation which enables DVLA to revoke or refuse a driving licence. This is key when advising clients who are seeking the return of their driving entitlement by way of a new application or clients who are seeking to appeal against a DVLA decision to refuse or revoke their driving entitlement.”
For further advice or assistance please contact our team.
