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home from a trip to the other side of the country and I have received a letter from the DVLA saying his licence has been revoked as of immidiate effect from yesterday - WTAF?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

I'm so glad hes home, safe and no longer driving for the time being. I bet you're relieved too!

It does seem like his consultant has been rather irresponsible in telling him to inform the DVLA, but not telling him this would mean losing his license. I faced the same when my Doctor discussed me taking insulin for my T2 Diabetes ( I don't). Docs don't seem to think about the consequences of this. You would think they'd know.

Hope he gets his license sorted quickly. It must be a nightmare.

There seems to be a break out of bovine sanctimoniousness on MN today.

Ignore, OP, some people are just vile. Hope he gets his licence back soon.

I’m waiting for an appointment at the sleep clinic, as I’m pretty sure I suffer from sleep apnoea, and this has totally freaked me out. I live in the middle of nowhere and not driving is simply not an option!

I have been googling and found this, which may help your DH, OP. www.sleep-apnoea-trust.org/ if he hasn’t already seen it. I am on the verge of my appointment, which seems counterproductive.

*cancelling my appointment

Have a relative with oxygen mask. Not even sure if they notified DVLA... it's tricky because you end up notifying them of a problem that isn't a problem whilst driving and they have to take your licence for six months, whether it be diabetes, epilepsy or something else. Hopefully you can get it sorted in days or weeks rather than months.

I have never opened my husband’s mail so he wouldn’t know his license was revoked until he got home.

Aww OP this is really hard - I had my licence temporarily revoked when I was 21 and had a single seizure - I had just started a new job in a rural area where I covered health clinics in small villages / it was a massive stress dealing with buses etc - good luck to your DH - get onto any consultants or dr’s as soon as you can because they can start your ‘all clear’ period for the DVLA asap. Show them all the app info and maybe get dh to start a sleep diary as extra evidence.

TonTonMacoute I understand how you feel but it would be a shame not to get it diagnosed and treated. According to this link www.sleep-apnoea-trust.org/driving-and-sleep-apnoea/detailed-guidance-to-uk-drivers-with-sleep-apnoea/ you don't have to report unless you are suffering from excessive sleepiness. Wait until you are receiving treatment and feel better and then report (if you are told to).

myrtlewilson very pleased to hear that!

Thanks Dungeondragon. I had seen that link and it did reassure me a bit. It’s taken me years to get around to this, I’m not sure I can bear the chance to sleep properly snatched away, it I really cannot survive without a driving license, and I have elderly relatives who rely on me too.

I’m sorry I haven’t read all the posts but I am chipping in because my dh has direct experience of this.
When he was diagnosed with sleep apnoea his consultant sent a letter to the DVLA stating that he was receiving therapy already ( CPAP) so was fit to drive.
The DVLA were happy to accept this and his license wasn’t revoked.
I can’t believe all these panic merchants saying you should ring your husband and make him pull over imediately, I wonder how some people get through the day with so little common sense.

Felford that was not a useful reply at all. Do you expect him to stop with the children in the middle of who knows where and find a way home! When he gets home is fine. Or, did you not read the part where the OP said "He has NEVER fallen asleep while driving". He has not opened his own letter, and would not be any the wiser until he gets home. What's your problem.

StepBackNow had the best response. What's wrong with people.

I reported an illness to my insurer because the doctor at the hospital told me to. Their attitude was that unless I had evidence from the Dr or DVLA that I was unfit to drive then they weren't interested. That evidence came today and was only legally received when he opened it so that would be when his insurance stopped being valid.

I've actually brought this up with a friend who is a criminal lawyer - until the letter is actually read by the recipient, he is not banned, and that no one should open mail addressed to someone other than themselves, including spouses.

Also, if he calls the DVLA and explains he has already got treatment plans in place, they should reinstate his licence pretty quickly - they are used to processing this sort of thing.

I am amazed at the amount of medically qualified posters there are on this thread.

You do not have to be overweight to suffer sleep apnea, My DH has it and is not overweight.

Also not everyone who is diagnosed has their licence revoked. My DH didn't. The amount of times he stopped breathing when asleep was very high and yet the Consultant and DVLA were happy for him to drive. He never ever fell asleep mid conversation or when doing anything he had to think about. He would fall asleep easily if he was sitting doing nothing or even sitting watching tv or in the cinema

Mine was revoked last year. I’d started having seizure like attacks that were leaving me semi conscious spaced out and confused and was advised that until I knew for definite what they were to phone and tell the DVLA. GP referred me for an urgent MRI scan of my brain and to see a Neurologist who then referred me for an EEG. Neurologist said he didn’t think they were seizures and I was fine to drive but until I had had all the results sent back to the DVLA and had there medical Dr assess them the DVLA kept my license as revoked for another 6 months! Yes it was frustrating but I’d never have lived with myself had I hit someone and injured them or even worse killed them!! In the end it turned out to be massive panic attacks which were causing my body to shut down and convulse due to a mixture of immense stress and the medication I was taking. It really isn’t worth the risk continuing to drive!! The DVLA don’t just revoke driving licenses for the sake of it!!

The DVLA don’t just revoke driving licenses for the sake of it!!

Nobody is saying they do but that doesn't mean their decision is always correct and should not be questionned. OP's DH has sleep apnoea which is totally different to seizures.

I've only just found this thread as it was mentioned in the MN weekly email.

OP - I don't know if this has already been addressed by someone since you started the thread. For matters such as these, presumption of service being 2 days applies. This means if they post the letter on a Thursday, then you receive it by Saturday. Saturday posting (would be unusual) would be Tuesday (as Sunday is a non-delivery day.

I'm unsure in law if he needs to physically read the letter his self or if a third party notifying him counts as service.

To be honest, you need solid, constructive, advice. I strongly advise you to visit forums.pepipoo.com where there are motoring experts, and some solicitors. I know there's at least two barristers on the site too.

Best wishes.

This happened to my husband he was devastated, in all it was for 3 months. All he had to do was wear his mask for at least 4 hours a night. We also contacted his sleep apnea doctor who then faxed dvla and told them they were happy that he was at no risk driving. Sending love to you, it’s an awful position to be in.

It’s taken me years to get around to this, I’m not sure I can bear the chance to sleep properly snatched away, it I really cannot survive without a driving license, and I have elderly relatives who rely on me too.

I understand the fear as I have to reapply for my licence every couple of years (due to a medical condition) and I am always worried that I or a doctor or the DVLA will have ticked the wrong box and my licence will be revoked which would mean losing my job. I don't think some of the pompous, holier than thou posters on here get that.
I think though that you just have to be careful about what you say to the DVLA (if you do need to inform them). e.g. be careful not to give the impression that you suffer from sleepiness during the day if you don't.

My son's licence was revoked, he didn't get the letter and was pulled over by Police ! Resulted in £80 court fine

OP: Best wishes. I think a number of posters have been very unreasonably unpleasant. I hope you get things sorted out quickly. It seems that your OH has been very unlucky.

And from Pedants' Corner, a CPAP machine is not an oxygen mask. It stands for 'Continuous Positive Airway Pressure'. It supplies mild continuous pressure into the airways to keep them open during sleep. As a treatment used continually, it is immediately effective and makes a life changing improvement. One of the nurses at my Sleep Clinic said that she loved working in this area of medicine because of all the positive outcomes she saw.

Any joy from the DVLA OP?

Not yet