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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home from a trip to the other side of the country and I have received a letter from the DVLA saying his licence has been revoked as of immidiate effect from yesterday - WTAF?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:
glintandglide · 25/08/2018 07:56

“Approved defends in court”

Jesus wept. The thread gets stupider and stupider

Original poster
LadyRussell · 25/08/2018 08:34

Why are we now talking about court Confused

OP posts:
ILovePierceBrosnan · 25/08/2018 08:41

They need some drama in their lives and there is no decent tv nowadays Wink

BakedBeans47 · 25/08/2018 08:51

Why are people saying that he didn’t tell his insurers? Did the OP say that? I must have missed it if so. Unless I did miss it, there’s no way it can be gleaned from the thread otherwise, which was specifically about his driving lives.

BakedBeans47 · 25/08/2018 08:53

Licence

jacks11 · 25/08/2018 09:02

I would say as he has no knowledge of DVLA's decision, then he could feasibly argue (in the event he was pulled over) that he had no knowledge of it. I would think, in that situation, that no action would be taken. Not sure about insurance situation though.

I would be tempted to contact DVLA on his return and let them know the letter did not arrive until AFTER the date it came into effect- so they are aware and there is a record in the unlikely event there was some comeback.

jacks11 · 25/08/2018 09:17

Let's look at this another way.

OP's DH was told by his consultant he could drive, pending a decision by DVLA. So far he has done nothing wrong (despite some hysterical posters views).

DVLA has written to inform him. He has not yet received that information. He cannot, therefore, be held responsible for not adhering to a decision he knows nothing about. So far OP's DH has done nothing wrong.

Spickle · 25/08/2018 09:21

The driver of this car crashed into my wall recently as a result of a black out. Luckily no-one hurt and the driver is ok, but it could have been so much worse - the road is generally busy with traffic and joggers and children going to school. Maybe because it's summer holidays, the road hasn't been busy.

So very sorry OP that your DH not having his licence is going to cause all kinds of problems but I can't help thinking that for the time being, it is best for his safety and that of others that he goes through the proper channels (sleep apnoea clinic as mentioned above), and gets the ok from the professionals to get his licence back. While I am sure that he is safe to drive because he has the oxygen machine, it would seem that the DVLC need evidence from the professionals treating your DH to assure them that there was no need to revoke his licence. Until they receive this your DH won't get his licence back.

Help - driving licence revoked with immediate effect
Original poster
LadyRussell · 25/08/2018 09:23

HE IS UNDER A SLEEP CLINIC!!!!

OP posts:
LightastheBreeze · 25/08/2018 09:25

Unfortunately anyone could have blackout at any time, or anything like that, they don't need any previous illness, it could just happen.

Spickle · 25/08/2018 09:35

DVLC need evidence from the professionals treating your DH to assure them that there was no need to revoke his licence. Until they receive this your DH won't get his licence back.

RainySeptember · 25/08/2018 10:12

Spickle, with respect, op is aware and her dh is not driving after receiving the letter from the DVLA.

It came as a surprise because not all cases of sleep apnea preclude driving and OPs consultant said in a letter that he wasn't concerned about him driving.

OP is, understandably I think, worried about the implications of him being unable to drive wihilst the decision is appealed.

Dungeondragon15 · 25/08/2018 10:13

The driver of this car crashed into my wall recently as a result of a black out.

OP's DH isn't haven't blackouts. Sleep apnoea just causes tiredness IN SOME CASES. As OP's DH is not tired there is no more chance of him falling asleep than anyone else. In fact he is probably less likely than half the parents on here who get up in the night with their children. He is certainly not at a higher risk of a black out than anyone else so your post is irrelevant..

Dungeondragon15 · 25/08/2018 10:22

As you say insurance companies just want to know, no indication his company do know, because otherwise OP would most likely not be posting, consultant's letter or not.

The insurance company want to know that you either have no medical conditions or if you do that the DVLA have been informed. They don't ask for further detail. The answer to that question hasn't changed (before the licence was revoked) so why would the DH need to inform them of anything?

Spickle · 25/08/2018 10:37

LightastheBreeze, Dungeondragon15, RainySeptember, I may have said blackout but, actually, I don't know. The driver crashed into the wall. I heard the thud and the driver did come round. Whether it was a result of a blackout or not, I will never know. The driver was taken by ambulance and all I was told was that it was a medical incident. Neither do I know whether it was the first time or the fifth time it had happened. These things happen and parameters are put into place to prevent such things occurring again.

OPs DH has advised the DVLA of his sleep apnoea, he uses a machine he bought himself and although he has been told he is safe to drive, it appears that whoever told him this, didn't tell the DVLA. All the OP and her DH can do is appeal against the decision and provide evidence. In the meantime, OP and her DH have to make whatever arrangements they can vis a vis getting to and from work and the children and bringing them to the house at the weekend and taking them back. Whether that involves OP driving, the ex driving or use of taxis and public transport is for them to work out.

Dungeondragon15 · 25/08/2018 10:53

OPs DH has advised the DVLA of his sleep apnoea, he uses a machine he bought himself and although he has been told he is safe to drive, it appears that whoever told him this, didn't tell the DVLA.

We don't know what the reasons are. It may be that he ticked a box on the questionnaire stating that he suffers from tiredness. That is sometimes all it takes.

All the OP and her DH can do is appeal against the decision and provide evidence. In the meantime, OP and her DH have to make whatever arrangements they can vis a vis getting to and from work and the children and bringing them to the house at the weekend and taking them back.

You are rather stating the obvious.Hmm OP has not given the impression that she is unaware the fact that he can't drive now. She is just upset about it as clearly it has happened due to miscommunication rather than because her DH is not safe to drive. Who wouldn't be!

ivykaty44 · 25/08/2018 12:29

I wonder if people are quite so hysterical about the 1million drivers on the roads without insurance? Or MOT? Or the 10 000 drivers with over 12 points on their licence & some up to 62, who repeatedly drive dangerously and never learn thus gaining more points... where is the outcry over people driving with over 50 points..? People constantly driving texting not paying any attention to ploughing into objects with 2 ton of metal

I would suspect spickles crash was probably inattentiveness at the wheel - it happens all to often

DeloresJaneUmbridge · 25/08/2018 12:36

I have sleep apnoea and use a CPAP machine, the DVLA have never taken my licence away. I notified them when I started treatment and reiterated that I wouldn’t drive if tired. Ironically The OP’s DH is probably safer on the road now than he was before treatment and much safer than many other drivers out there.

My Dad has dementia (early stages), initially his licence was revoked but after a big driving assessment with a specialist assessment service he was cleared to continue driving for 12 months. He’s just done the assessment again and passed again. So the DVLA will look at all evidence ...they reissue his licence on a 12 month basis at the moment.

Noshowofmojo · 25/08/2018 15:57

I think your DH has been very unlucky OP. I have just recently been diagnosed with sleep apnoea and prescribed a CPAP machine. The hospital said because I have complied with using the machine and shown an improvement I do not need to inform the DVLA yet. They suggest I wait 3 months to contact the DVLA with my cpap figures and will advise me the wording to use when speaking to the DVLA. I contacted my (large) car insurance company and they wasn't interested ad said it wouldn't affect my insurance in any way. I hope your DH gets his licence back soon.

happypoobum · 25/08/2018 16:18

I think you need to make practical plans for how DH will get to and from work whilst this is all resolved, which could take several weeks.

Can he get the train? You mentioned a coach but I wasn't sure if this was to his DC home or his place of work?

If he can get to work and back then that's great. If the DC live near his work then hopefully he can get a bus or taxi, but he may have to see them less for a short while.

I can understand you are shocked but some of your posts are a bit confusing in terms of the logistics.

I had an adult student with sleep apnoea and he used to just fall fast asleep mid sentence, despite using a CPAP machine. There are very good reasons why it has to be investigated properly before he is given the all clear to drive again. Hopefully it won't take long.

Dungeondragon15 · 25/08/2018 16:36

I had an adult student with sleep apnoea and he used to just fall fast asleep mid sentence, despite using a CPAP machine.

That wouldn't happen unless extremely tired which isn't the case for OP's DH.

There are very good reasons why it has to be investigated properly before he is given the all clear to drive again. Hopefully it won't take long.

It has been investigated. Now all OP's DH can do is appeal as it likely that there has been a mistake or miscommunication.

Shell4429 · 25/08/2018 17:47

I don’t agree with the people saying you should ring him. Let him finish the journey, he hasn’t read the letter. You haven’t opened it. End of. The hysteria on here! He’s never fallen asleep at the wheel before treatment and now he’s got treatment. He’s fine to complete the journey.

myrtleWilson · 25/08/2018 17:50

@Shell4429 - he was driving yesterday morning. He finished the journey!

Slartybartfast · 25/08/2018 17:54

my bil had sleep apnoea, an oxygen mask, he still drove Confused

Slartybartfast · 25/08/2018 17:54

yeah, and i wouldnt have rung him either. i know my advice has come too late, but i want to put my point of view.

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