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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home from a trip to the other side of the country and I have received a letter from the DVLA saying his licence has been revoked as of immidiate effect from yesterday - WTAF?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:
RingtheBells · 24/08/2018 12:00

If you are in the AA or other breakdown organisations, they will sometimes get you home if the main driver is unable to drive, we have this on our GreenFlag breakdown cover, so check this for today

PatriarchyPersonified · 24/08/2018 12:00

Ignorance of the law is not a defense

No, he wouldn't be claiming ignorance of the law, he would be claiming ignorance of a decision made by the DVLA, to which he had no possible way of knowing about.

Presumably the decision was made by the DVLA a few days ago as it takes a day or two for them to print these letters out and post them. If what you are saying is true then he was illegally driving yesterday and possibly the day before as well, because he should have telepathically known that the DVLA had made the decision to revoke his licence the minute they made it...

He is not currently breaking the law as he had no reasonable way to know that his licence had been revoked

Obviously you DO know so you 'should' call him up and tell him, at which point he WILL know he has had his licence revoked and can no longer drive.

What you could do is 'forget' that you opened his mail (after all it was addressed to him, not you) and then he will only find out after he gets home.

Its your call.

Flyingpompom · 24/08/2018 12:00

I know that under normal circumstances ignorance of the law is no defence, but he's not ignorant of the law, he's ignorant of the fact his license has been revoked. So, effectively, it hasn't been revoked yet, has it? OP shouldn't have opened his post, legally speaking. (Not judging at all OP, me and my DH open each other's post freely) So should no one drive, ever, until the postman has been each day, just in case they've had their licence revoked overnight?

DGRossetti · 24/08/2018 12:01

OP, you are going to get a load of abuse from the “we obey the law to the letter” MN crew

Are these the same ones that then wibble on about doing 80,90 on a motorway ?

SoupDragon · 24/08/2018 12:02

yes, he needs to get off at the next junction

So, you agree he’s still OK to drive.

Charmatt · 24/08/2018 12:02

I had to stop driving while I changed medication - I was told at a medical appointment when the consultant wrote the prescription that I could not drive for 6 months from that point. I had no warning either, but it was necessary. It was crap, it was annoying, it was inconvenient and it was frustrating......

...but it was absolutely the right thing to do. I hated the lack of independence, the reliance on others, everything about it. However, I had no choice. I needed to drive for work and couldn't and had a rubbish time of it. I successfully transferred over and after the 6 months was allowed to drive again.

Until your husband can provide the information that is required by the DVLA, he is not insured, and not legally able to drive.

Felford · 24/08/2018 12:04

So, you agree he’s still OK to drive.

No, but off at the next junction is safer than slamming the anchors on in the middle lane and abandoning the vehicle.

ArnoldBee · 24/08/2018 12:04

This happened to my Dad and he also had to drive for work. It took 6 months for him to get his driving licence back and hexwss unable to work during this time as well.

Kyrie10 · 24/08/2018 12:04

This same thing happened to my partner. He had to send his licence off and when it was proved that the sleep mask was helping his sleep apnoea he got it back, he was without his licence for about two months. I know it is a right pain and he was never at risk of falling asleep at the wheel (although he did regularly stop and take cat naps). Since having his mask, he is more alert, focuses better, less headaches and has great night sleeps. I did not realise how dangerous sleep apnoea can be in the long run and am so pleased that my partner got sorted out as his life is so much better. Although he does occasionally sound like darth Vader in the mask!!!!

Runningfishy · 24/08/2018 12:05

When my husband was diagnosed with sleep apnoea, his consultant told him to write to the DVLA and tell them of the diagnosis, that he was receiving treatment and being monitored by the consultant remotely, and that he would not be driving until the consultant gave him permission to do so. The consultant said this was how he normally handled cases and the DVLA were happy with that. It also meant we didn't have to jump through all the DVLA hoops about getting his license back.

Has your husband actually notified the DVLA, or did his consultant do that? Could his consultant write to the DVLA to say whether they believe he is safe to drive?

bingbongnoise · 24/08/2018 12:05

@LadyRussell

Sorry that this has happened OP, but I agree with other posters that I don't know what you expect people to say or do.

Is your DH overweight/obese?

My DH had sleep apnea several years ago, and was 'stopping breathing' 20 times an HOUR. He sounded like an old buffalo with laryngitis when he snored, and I had to sleep in the spare room.

He was diagnosed with sleep apnea, and told to lose weight. The doctor said if he lost weight it would help a lot. He lost 2 stone, and the sleep apnea stopped. He was cured.

At no point did they revoke his driving licence though. That is very odd, and tells me there is more to it.

If you have told us EVERYthing, then he needs to contact the DVLA to find out what was said, (by the doctor,) and he also needs to contact his doctor to find out what was said. Coz the rug to being pulled from under him like this, with an instant ban on driving, is a bit unusual IMO.

I he IS overweight/obese, he needs to start trying to lose weight, and fast. That is probably the cause of his sleep apnea.

Original poster
LadyRussell · 24/08/2018 12:07

I understand that he needs to provide evidence etc.

I am just wondering if there was a way to have a conversation with his Dr or the DVLA to say he has machine and he has an app with before and after evidence of his sleep pattern and he is not a danger (never mind the twenty odd years he has been driving without a diagnosis or a CPAP machine!).

Otherwise I have a 5 hour journey on Monday to return him and the children.

OP posts:
ArnoldBee · 24/08/2018 12:08

So if his licence is now revoked he is driving without a valid licence and insurance which means he could be stopped by the Police and receive points and fines so up to you if you tell him.

Original poster
LadyRussell · 24/08/2018 12:09

No he is not overweight.

OP posts:
neveradullmoment99 · 24/08/2018 12:09

He is currently driving his kids home from a trip to the other side of the country

...and you are happy with this considering his condition?

CocoCharlie83 · 24/08/2018 12:09

If he doesn't have handsfree then call him to leave a voicemail or text him so he can check either if he stops for a break. He needs to get off the road ASAP as there would be insurance issues if he was involved in an accident or could get into trouble with the police if stopped for anything.

You have said he has never fell asleep driving but unless he is 100% not at risk of it then he is endangering your kids and other road users.

Surely when he informed the DVLA he would have known that there was a risk of not being able to drive

neveradullmoment99 · 24/08/2018 12:09

This would worry me more than a DVLA letter. Sorry.

eniledam · 24/08/2018 12:10

It sounds like this is going to take some time, OP. Helpful info here:

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/677964/inf159-tiredness.pdf

Kyrie10 · 24/08/2018 12:10

Also I am pretty sure there is no appeal process, I think it’s just a case of proving that the mask drastically reduces the amount of times he stops breathing while asleep, the best chance may be to phone his hospital and ask to be seen earlier for his readings. It’s not good but not the end of world and may only be for a matter of weeks. Hope you are ok, I know it’s a big shock. I felt really guilty as I was the one who send my partner to the doctors in the first place!

Original poster
LadyRussell · 24/08/2018 12:11

...and you are happy with this considering his condition

A condition which he has taken great steps (spent £400 on a CPAP machine) to get completely under control.

OP posts:
Charmatt · 24/08/2018 12:12

There is no shortcut to getting it re-instated. You have to provide evidence that he is fit to drive through a doctor's letter.

RingtheBells · 24/08/2018 12:12

If OP hadn't opened the letter she wouldn't have known, it is a bit off that someone is at risk of points and fine because the letter was not posted soon enough, they could have used special delivery.

I would check your breakdown cover for today OP if you do decide to tell him, it may get everybody and the car home

bingbongnoise · 24/08/2018 12:12

If he is not overweight, what is causing the sleep apnea then?

WeBuiltThisBuffetOnSausageRoll · 24/08/2018 12:12

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

Maybe a little dramatic? Yes, he needs to obey the letter (once he actually sees it), but if it was so pressingly urgent that he step away from the wheel this instant, would the DVLA have informed him by snail mail?

eniledam · 24/08/2018 12:14

@bingbongnoise

Here are a few factors that can trigger sleep apnoea.

• Being overweight. Excessive fat around the neck can put pressure on the airway, making it more difficult to breathe.
• Being male. It’s unknown why, but sleep apnoea is more common in men than in women.
• Being 40 years of age or over. Although sleep apnoea can occur at any age, it’s more common in people over the age of 40.
• Alcohol. Drinking excessively can lead to weight gain, which significantly increases the risk of sleep apnoea.
• Having a large neck. Having a collar size of 17 inches (43cm) increases the risk of developing sleep apnoea.
• Smoking. Smoking increases the inflammation and fluid retention in the upper airway which causes breathing difficulties.
• Menopause. The changes in hormone levels during the menopause can cause your throat muscles to relax more than usual.
• Family history. If sleep apnoea runs in the family, there may be genes inherited from your patents that can make you more susceptible to sleep apnoea.
• Nasal congestion. Sleep apnoea occurs more often in people with nasal congestion.