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AIBU?

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Original poster

Help - driving licence revoked with immediate effect

451 replies

LadyRussell · 24/08/2018 11:36

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home from a trip to the other side of the country and I have received a letter from the DVLA saying his licence has been revoked as of immidiate effect from yesterday - WTAF?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

OP posts:
Dungeondragon15 · 24/08/2018 17:33

It's YOUR responsibility, regardless of whether a Dr has told you "don't drive" or not! That's the responsibility you take when you get behind the wheel, that you are capable to drive safely and not be a risk to yourself/other road users - it is NO ONE ELSE'S RESPONSIBILITY.

While the driver is responsible I also think healthcare professionals have the responsibility to tell a person that they must inform the DVLA and whether or not they consider the person safe to drive while the DVLA are investigating.

HopefullyAnonymous · 24/08/2018 17:38

If your DH is pulled over, the police will not allow him to continue his journey, whether he is aware or the letter or not. He will be processed for driving otherwise than in accordance with a licence, and the vehicle seized.

I dealt with a very similar job last week. Ultimately you need to let him know the situation; YOU are aware that he’s driving illegally. He needs to stop driving now (safely - obviously not by abandoning the vehicle in the outside lane Hmm ) whether it’s practical and convenient or not.

Dungeondragon15 · 24/08/2018 17:39

I think some posters are being amazingly unsympathetic. The DH is perfectly safe to drive but is unable to do so due to miscommunication and misunderstanding. I don't know whether it is his mistake (when completing the forms) or the DVLAs but he is now unable to drive and OP is understandably very upset as it must be a huge shock.

Roomba · 24/08/2018 17:40

He will have to contact DVLA and follow their complaint procedure, providing evidence from his GP/consultant/anyone else involved. This won't be instant though, I'm afraid. If he is not a risk driving, it should hopefully be sorted this way.

DVLA do make some odd sounding decisions sometimes. I know someone who was on Methadone treatment - DVLA were perfectly fine with him driving as long as he didn't feel impaired by it and his GP/treatment providers were happy. Yet when he rang to advise he was now off the Methadone completely and 100% drug free, they revoked his licence instantly! He drove for work and it took 3 months of following the complaint procedure, sending in letters from the GP and drug counsellors plus negative urine results to get it back (and then it was a temp one reviewed regularly). In their eyes, he was now at higher risk of relapse, so the risk of him driving was too high. I get that, though losing his job wouldn't help him resist a relapse, I imagine.

Why they'd suddenly decide well managed sleep apnoea was an issue, I don't know - unless there has been a delay in them looking at his case from when he first notified them?

RingtheBells · 24/08/2018 17:41

Its just the usual AIBU crowd piling in for a stoning, not wise to ask for advice on this forum, much better places to get advice from.

YeTalkShiteHen · 24/08/2018 17:42

Its just the usual AIBU crowd piling in for a stoning, not wise to ask for advice on this forum, much better places to get advice from

Aye, like the DVLA!

PippaPenny · 24/08/2018 17:46

My DS is going through similar. License revoked for medical reasons, new teaching job starting next week, young family. He has been told a decision will be in place by December.

It is very inconvenient. It means he will be using public transport (if there are actually any trains running) and relying on others. He is also having to share his medical info with his new employer, something he may not have done quite so soon or publicly. But OP he is getting on with it, inconvenience or not, accepting that these are the rules and he like everyone else needs to follow them.

ExileOnMNStreet · 24/08/2018 17:48

I'm not unsympathetic (in fact I have sympathised!) nor am I piling in, but having been through this myself it does irk slightly to see someone downplaying the situation and being so defensive - only choosing to argue with people instead of actually using any of the sensible advice.

Her DH has had his licence revoked. If wrongly, he can apply to have it returned but there are no special circumstances like working away, or DC which will overrule that. There is a question mark over his safety and fitness to drive - it needs addressing properly. OP has had loads of good advice and would be best getting off this thread and taking it, IMO.

ExileOnMNStreet · 24/08/2018 17:49

Pippa it might not help, but your DS should be entitled to a free public transport pass from his LA.

durtbuggy · 24/08/2018 17:50

Your DH lost his licence before - how did you manage then? Do that.

Ifailed · 24/08/2018 17:50

The DH is perfectly safe to drive but is unable to do so due to miscommunication and misunderstanding.

This is so wrong. No one has a right to drive a motor-vehicle on the road, it's a privilege that we have agreed to be granted by a government agency, the DVLA.

The DVLA, acting on behalf of the Secretary of State for Transport, make that decision, not the driver or her doctor, consultant etc. The DVLA has judged (rightly or wrongly) that OP's DH is not fit to drive and has revoked his license using a tried, tested & legal method of informing him.

There are rights of appeal which are well documented. If posters don't like how things are arranged, then start contacting your representatives, whinging on the internet is not going to get you anywhere.

mumsastudent · 24/08/2018 17:53

buzz 91 you can get certified copies (stamped & signed by Jobcenteplus or I was told by my local building society manager -small branch - or dare I say scan them _ maybe CAB too?) obviously you will have to pay them for the copies but I have done in the past for other official gov departments who require originals

whatdoidonowffs · 24/08/2018 17:53

If he’s using a cpap machine under medical guidance then he needs to tell his specialist to contact dvla when I was diagnosed I didn’t tell the dvla until after I started treatment all was ok except I am on a restricted licence my hgv entitlement has to be reviewed yearly and my car licence every three years so far no problems
Contact dvla as soon as he gets home they will send forms etc took me about three weeks to get a decision and I was ok to drive until the decision was made

ExileOnMNStreet · 24/08/2018 17:55

Durt where does it say he lost his licence before?

Feefeetrixabelle · 24/08/2018 17:57

The key thing OP is he needs to go to his doctors and ask if he considers him fit to drive. If he does it will make the appeal easier. If he doesn’t then I’m afraid you are facing an uphill struggle.

The main focus right now is for you to look into how he is going to manage travel without his car if it’s necessary could he rent a room closer to work while it gets sorted? .

Dungeondragon15 · 24/08/2018 17:59

This is so wrong. No one has a right to drive a motor-vehicle on the road, it's a privilege that we have agreed to be granted by a government agency, the DVLA.

I didn't say that he had the "right to drive a motor-vehicle."Hmm I said that it was safe for him to do so by which I meant that he is no more likely to have an accident than anyone else because he is does not suffer from sleepiness anymore.

The DVLA, acting on behalf of the Secretary of State for Transport, make that decision, not the driver or her doctor, consultant etc. The DVLA has judged (rightly or wrongly) that OP's DH is not fit to drive and has revoked his license using a tried, tested & legal method of informing him.

Mt point is that there is been a miscommunication in that the DVLA clearly believes that the DH is suffering from excessive sleepiness and for that reason they have revoked the license. Once the miscommunication is sorted out he will be able to drive again but in the meantime it is hardly surprising that the OP is shocked and upset and no need to keep stating the obvious.
She knows he can't drive now and is just asking for information on what to do about it regarding appealing.

Ifailed · 24/08/2018 18:04

I said that it was safe for him to do so by which I meant that he is no more likely to have an accident than anyone else because he is does not suffer from sleepiness anymore.

And you surmised all that from a few postings on a public internet site?

This is why we have agencies like the DVLA making decisions like this, rather than some sort of vote on social media.

Dungeondragon15 · 24/08/2018 18:05

I'm not unsympathetic (in fact I have sympathised!) nor am I piling in, but having been through this myself it does irk slightly to see someone downplaying the situation and being so defensive - only choosing to argue with people instead of actually using any of the sensible advice.

But you are unfit to drive if you have uncontrolled epilepsy so are not in the same position as OP's DH. I don't think that OP is "downplaying" the situation when she says that he should be able to drive. Clearly if he is not suffering from sleepiness his license should not have been revoked. Impossible to know whether it was his mistake or theirs but either way I'm not surprised that OP is upset and arguing with those who keep stating the obvious.

Original poster
LadyRussell · 24/08/2018 18:06

No my DH has not lost his licence before? WTAF?

OP posts:
bananasandwicheseveryday · 24/08/2018 18:09

Not getting into the rights and wrongs of what's happened here. However, a family member underwent a comparatively routine brain OP 18 months ago (big to us, of course, but routine to the surgeons) And was advised to tell dvla. On checking website it was very clear that licence would have to be surrendered, which family member duly did. DVLA decision was that licence was suspended for six months and could only be returned upon receipt of information and evidence for the surgeon who carried our the operation. All in all, they could not drive for almost eight months and had to rely on other family to get them to and from work as there simply was no public transport to their place of work.
So, OP, be prepared that they do not always reissue licences as qui kly as they say.

Dungeondragon15 · 24/08/2018 18:11

And you surmised all that from a few postings on a public internet site?

Of course I surmised that from the fact that OP says that he is not suffering from sleepiness. You don't even need to report it if that is the case.

This is why we have agencies like the DVLA making decisions like this, rather than some sort of vote on social media.

The DVLA have made the decision that you don't need to notidy them and can continue to drive as normal if you do not suffer from sleepiness though. Obviously they believe that the DH is sleep but from what OP says this is incorrect and understandably she is upset.

pennyisafreeloader · 24/08/2018 18:12

@LadyRussell I said upthread the easiest way to get his license back is report from a specialist saying the cpap treatment is effective. Either he gets referred to nhs sleep clinic or you pay for a private appt. I'm assuming as you spent money on a machine in the first place you might have the means to do the latter if you don't want to wait for nhs.

Regardless I don't think it's going to be a quick solution 😕

XXcstatic · 24/08/2018 18:16

OP says the DVLA letter states his licence has been revoked as of immediate effect from yesterday. It has been revoked. Under the 1978 Interpretation Act, it is assumed he has received this letter

I'm a doctor and also have a medical condition that affects my eligibility to drive at times, so I have been through this process many times.

Most people are missing the point. It isn't the letter that revokes his licence, it's having the medical condition. The letter just confirms what was already the case - that he can't legally drive with OSA until it is demonstrably controlled.

The good news from your POV, OP is that, by the sound of it, he will be able to demonstrate that his OSA is already controlled. He needs to apply to the DVLA to recover his licence. Provided his specialist confirms that he is safe to drive, he probably will be allowed to drive while the licence application is being processed, though you must get the DVLA to confirm this is OK.

Until then it is not legal for him to drive, whether he has seen the letter or not. He is not insured. And, if the DVLA find out, it will be far harder to get his licence back. He needs to stop driving until the DVLA have cleared him.

ForalltheSaints · 24/08/2018 18:19

Seek advice about an appeal. In the meantime DH must not drive.

Many years ago I used to work for a bus company. The DVLA were very slow in making decisions, which should not be the case as people's lives and livelihoods are affected. Not the only government agency which seems judge and jury and little regard for the impact of taking ages to make decisions.

The doctor I think should have advised your DH not to drive pending a decision.

Original poster
LadyRussell · 24/08/2018 18:20

He was diagnosed at a sleep clinic.

OP posts: