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Legal briefing: fitness to drive
Introduction
Types of licence which may be affected
What type of disability?
Epilepsy
Duty to notify the DVLA
What will the DVLA do once they have been notified?
Appeals
Further information
Introduction
This briefing note summarises the law on fitness to drive.
It outlines the circumstances when the Driver and Vehicle Licensing Agency ("the DVLA") may be informed of a disability and when driving licences must be issued, refused or revoked.
The law can be found in the Road Traffic Act 1988 and Part VI of the Motor Vehicles (Driving Licences) Regulations 1999 together with other regulations and guidelines for medical practitioners.
The Secretary of State for Transport, Local Government and the Regions has the responsibility via his medical advisors at the Drivers Medical Group of the DVLA, to ensure that all licence holders are fit to drive.
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Types of licence which may be affected
The medical standards refer to Group 1 and Group 2 licence holders.
Group 1 licences
These are (broadly speaking) motorcycles and cars and light vans with up to 8 passenger seats.
Group 2 licences
These are any other types of vehicle not in the Group 1 category (ie heavier vehicles such as lorries and buses).
There are transitional provisions for some heavier goods vehicles if the licence was in force before 1 January 1997 or was granted upon expiry of a licence which was in force at a time before 1 January 1997 and comes into force not later than 31 December 1997, in which case it is a Group 1 vehicle.
The medical standards are much higher for Group 2 licence holders because of the size of the vehicle and the greater time likely to be spent at the wheel.
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What type of disability?
The regulations state that the following are disabilities covered by the Act:
(a) epilepsy
(b) severe mental disorder (this includes mental illness, arrested or incomplete development of mind, psychopathic disorder and severe impairment of intelligence or social functioning)
(c) liability to sudden attacks of disabling giddiness or fainting which are caused by any disorder or defect of the heart which has been corrected by the insertion of an implant (eg a pacemaker)
(d) liability to sudden attacks of disabling giddiness or fainting other than those in (c) above
(e) persistent misuse of drugs or alcohol, whether or not such misuse amounts to dependency.
Some sorts of medication may also render someone unfit to drive.
There are detailed guidelines for medical practitioners issued by the Drivers' Medical Group, DVLA, concerning medical conditions which amount to disabilities which affect fitness to drive. These are available on the At a Glance section of the DVLA's website.
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Epilepsy
This is treated by the regulations differently from other kinds of mental disorder in that sufferers are legally barred from holding a licence except:
Group 1 vehicles: the DVLA cannot refuse to grant a licence either if the person concerned has been free of any epileptic attack during the period of one year or (if not) the person's last sleep attack was more than three years ago and he/she has not had any awake attacks since that asleep attack.
The DVLA will also need to be satisfied that granting a licence to such a person is not likely to be a source of danger to the public.
Group 2 vehicles: the DVLA cannot refuse to grant a licence if satisfied that during the period of 10 years immediately preceding the date when the licence is granted the applicant
(a) has been free from any epileptic attack, and
(b) has not required any medication to treat epilepsy, and
that the driving of a vehicle by him in accordance with the licence is not likely to be a source of danger to the public.
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Duty to notify the DVLA
It is the duty of the licence holder or licence applicant to notify the DVLA of any medical condition which may affect safe driving. Failure to do so is an offence under the Road Traffic Act 1988.
Sometimes a licence holder
(a) cannot do so because she lacks mental capacity or
(b) does not want to do so, for example because s/he does not agree with a doctor's diagnosis. These situations are addressed below.
(a) Incapacity
Incapacity refers to occasions when someone is unable to make decisions for themselves (eg because of severe mental illness, brain injury or dementia).
In these circumstances, government guidelines* state that medical practitioners should inform the DVLA immediately and explain to the patient that they have a legal duty to inform the DVLA.
(b) a patient does not accept that s/he is not fit to drive
Under the guidelines the doctor should suggest that the patient seek a second opinion and should make appropriate arrangements for the patient to do so. However the patient will be told not to drive until s/he has obtained the second opinion.
If the patient continues to drive when the doctor says s/he is unfit, the guidelines say that the doctor can inform the patient's next of kin, and should disclose the relevant medical information immediately in confidence to the medical advisor at the DVLA. If the doctor does do this s/he should inform the patient of the decision to do so, and write to the patient confirming it.
The doctor's duty to notify the DVLA about someone's health may override his/her duty of confidence to the patient.
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What will the DVLA do once they have been notified?
The DVLA will make medical enquiries concerning the applicant's/licence holder's condition and will make a decision taking into account all available medical information.
This may take some time, and during that period a licence holder will normally retain his/her entitlement to drive under section 88 Road Traffic Act 1988. However, if a licence has previously been revoked for medical reasons then this entitlement is lost and the person will have to stop driving immediately.
In any case the doctor may advise the patient that it is not appropriate to drive during this period and remind the patient that if s/he chooses to ignore medical advice, then it may affect the patient's insurance cover. The doctor is likely to make a formal note on the patient's records that the patient has been told this.
The decision as to whether to grant/refuse or revoke a licence is made by the Secretary of State through the DVLA.
In practice this means that a committee of civil servants at the DVLA including their medical officer meet to decide these matters.
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Appeals
If a decision is taken by the DVLA to revoke or refuse a licence, there is no internal appeals procedure at the DVLA.
However, the applicant can ask them to reconsider their decision. If there is further medical evidence available this should be sent with the request to reconsider. At this stage the evidence will be considered by a medical panel.
If such a decision is taken to refuse or revoke a licence, the DVLA promises that they will give its reasons for the decision in writing. They will also give notice of the right of appeal to a magistrate's court**.
An appeal (called "a complaint") to a magistrates court must be made within six months. However where the applicant declares a disability which requires mandatory action under the regulations there is no right of appeal.
The applicant must establish his/her case "on the balance of probabilities" which means that s/he must satisfy the magistrates that on balance s/he is more likely to be right than the DVLA.
This will almost certainly require evidence from a medical expert for the applicant, which may be difficult to fund, as legal aid is not available. A local citizens' advice bureau may be able to offer some free advice and assistance.
The courts have little experience of these sorts of applications. However, the making of the application itself requires the DVLA to review its decision to be sure that they can uphold it, which can result in the return of the licence before any hearing takes place.
The DVLA will attend any court hearing and they are likely to be represented by a lawyer. If the applicant loses his/her appeal then the DVLA will probably ask for an order that the applicant pay any legal costs they have incurred.
When a person recovers from their period of ill-health they can re-apply for a licence. The DVLA will ask for medical evidence again to confirm that the applicant is fit to drive. It may be necessary to have been well for a number of months before the DVLA will be satisfied that the applicant's health is stable. The DVLA will also want to be satisfied that the applicant's ability to drive will not be affected by medication. If the person is still taking medication any medical report should address whether this is likely to interfere with their ability to drive.
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Further information
- DVLA website: www.dvla.gov.uk
- Book: Medical Aspects of Fitness to Drive - A Gardner (Ed 1995)
For further information about the work of Mind's legal unit, please refer to our information sheet, "Introduction to the Legal Unit". This is available in hard copy (telephone 020 8519 2122) or at our website at http://www.mind.org.uk/Information/Legal/.
For more detailed advice on any of the issues discussed in this briefing you should take advice from a solicitor specialising in this area of the law. Details of where to seek specialist advice can be obtained from the Law Society (www.lawsociety.org.uk, telephone 0870 606 2555) or from Community Legal Advice (www.communitylegaladvice.org.uk, telephone 0845 345 4345). Alternatively, you could contact your local Law Centre or Citizens Advice Bureau, who may be able to help.
Footnotes
* The guidelines, "Guide to the current Medical Standards of Fitness to Drive" can be found on the DVLA website at www.dvla.gov.uk
** section 100 Road Traffic Act 1998
Mind Legal Unit
15–19 Broadway, Stratford, London E15 4BQ
January 2004
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