Help - driving licence revoked with immediate effect

[LadyRussell]

Posting for traffic - help!

DH was diagnosed with sleep apnea a few months ago and informed the DVLA as instructed.

He now has an oxygen mask he wears at night which has improved his sleep dramatically.

He is currently driving his kids home from a trip to the other side of the country and I have received a letter from the DVLA saying his licence has been revoked as of immidiate effect from yesterday - WTAF?

He has NEVER fallen asleep while driving and he lives 150 miles away from us in the week so driving is essential.

He has to prove certain things to get his licence back but this is going to take time.

How the hell can they do this - no warning nothing.

Does anyone know if we can appeal?

[evilkitten]

This might help understand the DVLA rules:

www.sleep-apnoea-trust.org/driving-and-sleep-apnoea/detailed-guidance-to-uk-drivers-with-sleep-apnoea/

[RedneckStumpy]

The letter is addressed to him not you, he hasn’t come home and read it yet so he is fine to keep driving until he gets home.

But I agree that it’s a crap situation. They shouldn’t be allowed to do that.

[Felford]

He needs to stop driving immediately as he is currently breaking the law.

[LadyRussell]

Yeah I thought that too - he doesn’t actually know yet - it was already torn open so U read it but I read his mail anyway as he’s away a lot.

[HoleyCoMoley]

It looks like it depends if the severity if his condition, what did his doctor say.

[LadyRussell]

He needs to stop driving immediately as he is currently breaking the law

Thanks that’s really helpful stating the obvious there

[Ifailed]

He needs to stop driving immediately as he is currently breaking the law he also won't be insured, so if anything happens you won't be covered.

[OurMiracle1106]

Of course they should be allowed to revoke a licence if someone is a significant risk to themselves and others by continuing to drive with a medical condition until it has been fully investigated!

How would you feel if someone you loved got killed by someone who was epileptic/diabetic/sleep apnea etc and fell asleep/had a seizure at the wheel but was allowed to continue to drive “whilst being assessed”

It’s crap OP but it’s for everybody’s safety and unfortunately your DH will have to go through the process.

[meadowmeow]

How the hell can they do this - no warning nothing.

I think the warning was your DH having a condition that was reportable to the DVLA - when you notify them you must always be aware they may revoke.

[Felford]

Thanks that’s really helpful stating the obvious there

Well maybe contact him and tell him to pull over then rather than speak to strangers on the internet?

I'm not sure what advice you were after really. He needs to stop now and work out another way of travelling the 150 miles to and from you whilst this is resolved.

It is an unfortunate situation, I hope it is resolved quickly.

[Flyingpompom]

He isn't currently breaking the law, as he doesn't currently know! Let him get home before you tell him about the letter OP.

[LadyRussell]

I have no plans to phone him while he’s driving - that would also be breaking the law - and suggest to him what? Ditch his car on the motorway and get a bus with the kids and all their gear?

[NewGrandad]

@Flyingpompom

Ignorance of the law is not a defense.

[Felford]

He isn't currently breaking the law, as he doesn't currently know! Let him get home before you tell him about the letter OP.

Are you sure? Driving without valid insurance is a strict liability offence. If the driving license has been revoked then the insurance won't be valid...

[TooTrueToBeGood]

How the hell can they do this - no warning nothing.

I can fully understand why it feels shit but they have to do something. Can you imagine if someone with a conditioned deemed high risk caused a fatal crash and it transpired the authorities knew and did nothing? They have a duty of care both to the driver and to the general public.

He has NEVER fallen asleep while driving

It only needs to happen once for it to be catastrophic. Besides, you maybe know he has never fallen asleep and crashed (obv you'd know that) but how do you know he hasn't nodded off momentarily or is tired enough that his attention and reactions are impaired to a dangerous level?

[LadyRussell]

I was hoping this may have happened to someone else and they might be able to tell me what immediate steps they took in order to retain their licence.

He is using a CPAP machine every night.

[eniledam]

This website has some really useful information: snoreezeoral.ahoy.co.uk/sleep-apnoea-and-driving/#

[Ifailed]

He isn't currently breaking the law, as he doesn't currently know ignorance is no defence. He can appeal the decision, but in the mean time he is not licensed to drive on public roads.

[eniledam]

From the same site:

How do I tell the DVLA about my sleep apnoea?


You can inform the DVLA by phone, letter, email, or filling in a form. If your Doctor says you are unsafe to drive, you must stop driving. Once you are successfully receiving treatment, your medical consultant will say you are safe to drive. You can then resume driving under Section 88 of the Road Safety Act while you wait for the DVLA to process your licence application. This only applies if the DVLA have received your licence application and you meet the criteria.



What if I lose my licence? How long will it take to get my licence back?


It should only take a few weeks to get your licence back. If you’re a commercial driver, you should let your Doctor know as they will be able to fast track your treatment. Once you’re being successfully treated, you will be able to resume driving.



How do I start driving again after getting treatment for sleep apnoea?


Once your condition is under control and you’re receiving treatment, you have to reapply for your licence. You can then resume driving under Section 88 of the Road Traffic Act. If you didn’t voluntarily surrender your licence, and instead had it revoked or refused, the rules are different. You won’t be able to start driving again until a licencing decision has been made by the DVLA. This can be a lengthy process, so it’s always better to follow your Doctor’s advice and inform the DVLA as soon as you are diagnosed.

[EvilTwins]

This happened to my mum when she was diagnosed with sleep apnoea. It took a while, but she did get it back - GP had to write supporting evidence and Dad had to be her taxi for a while but it wasn’t permanent.

[HazelBite]

Ds1 is a train driver, went to the doctors about a sinus problem (he snores) and he diagnosed (to be confirmed with tests) sleep aponea, well that really mucked his life up!
After extensive tests it was decided that it wasn't sleep aponea, but in the meantime he was unable to drive anything, work retained him on a very basic wage (he relied on overtime, and shift supplements).
Is it a firm diagnosis OP or is it subject to further tests?

[CurbsideProphet]

Did your DP fill in a proper form and provide medical evidence to confirm he is fine to drive, or just ring up? Long story short: I had this with my provisional licence when I told the DVLA I had been diagnosed with epilepsy. I didn't know how to go about it, so I just phoned. As soon as I had provided medical evidence and completed the forms it was fine.

[Felford]

I have no plans to phone him while he’s driving - that would also be breaking the law - and suggest to him what? Ditch his car on the motorway and get a bus with the kids and all their gear?

It wouldn't be an offence for you to call him, only for him to answer if not on handsfree.

Do the kids not have phones?

And yes, he needs to get off at the next junction and arrange onward transport and someone to recover the vehicle.

[DarthLipgloss]

This happened to two people I know due to epilepsy/seizures. Person A had one seizure only, never got an epilepsy diagnosis. Licence was revoked like your DHs. A was community nurse. Got licence back after about 6 months.
Person B did get diagnosis of epilepsy and it was over a year. Neither had seizures when driving.
I know its not helpful to get him driving straight away, but licences do get revoked but you can get them back following procedure.

[RedneckStumpy]

OP, you are going to get a load of abuse from the “we obay the law to the letter” MN crew. Mixed with a little bit of reasonable help.

In the extremely unlikely event he gets pulled over he has plausible deniability, the police officer will probably inform him to drive home directly and check for any mail.