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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home from a trip to the other side of the country and I have received a letter from the DVLA saying his licence has been revoked as of immidiate effect from yesterday - WTAF?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:
viques · 24/08/2018 12:14

If he was stopped by the police for any reason I doubt the "hasn't opened the letter yet" defence would work.

My DD was recently diagnosed with cateracts, she had stopped driving on her own volition a few months ago because she was aware of the decrease in her eyesight, she hasn't informed the dvla or her insurance as her car is parked off road and she isn't driving it. Once she has had her operations in October she will carry on driving because if all goes well her eyesight will be fine.

I do wonder how many people are knowingly driving with defective eyesight and or other medical conditions , I suspect it is a lot. Hard to test someone's eyesight post mortem though.

Felford · 24/08/2018 12:15

Maybe a little dramatic? Yes, he needs to obey the letter (once he actually sees it),

The DVLA don't withdraw licenses for the fun of it. Seemingly OP is happy with the kids being driven by an unlicensed and uninsured driver though as she doesn't wish to contact her DH.

HarperIsBazaar · 24/08/2018 12:16

This reply has been deleted

Message withdrawn at poster's request.

specialsubject · 24/08/2018 12:16

the immediate transport problem may be solved with breakdown cover - some policies include 'only driver unable to drive' and will bring driver, vehicle and passengers home on a low loader.

once he's home, no excuse and no driving. Recognising major problem but less major than killing him or someone else.

unfortunately it is a bank holiday weekend so all calls will have to wait until Tuesday.

Original poster
LadyRussell · 24/08/2018 12:23

Does anyone actually read any posts?

He has a jaw problem which restricts his airway if it’s realky anyone’s business.

He has rectified the issue by buying and using a CPAP machine. The before and after readings on the sleep app are astonishingly different.

As an aside they are his children not mine - not that that’s relevant from a care/safety point of view.

OP posts:
bingbongnoise · 24/08/2018 12:23

Thanks @eniledam. Smile

But I was kind of just asking the OP if she knew what was causing the sleep apnea if it's not her DH's weight.

I think being obese is the most common cause.

But if it's not that, then they need to get to the root of the problem.

He can't drive if the DVLA has said not to though.

We would struggle if my DH couldn't drive, as we live very rural, with no buses, and no train station for 15 miles, and he works shifts.

I work nearby, so would be OK, but he would not be able to get to work.

trulybadlydeeply · 24/08/2018 12:24

OP I have supported clients with successful complaints to DVLA, not for this condition but similar circumstances for other medical conditions.

He can make a formal complaint to them, but first needs to speak informally to the relevant department and explain the improvement in his condition. If this doesn't help (tbh it's unlikely to) then he needs to work through their complaints process - it's all clearly outlined on their website, enlisting help from gp and consultants as required.

If there is clear evidence of great improvement in his condition then I don't see why he shouldn't be successful and get his licence back. They may require an assessment of his capabilities at one of their centres.

He needs to be prepared though, this will take many months, and he will need to make alternative transport arrangements.

Ifailed · 24/08/2018 12:26

he's ignorant of the fact his license has been revoked. So, effectively, it hasn't been revoked yet, has it?

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.

bingbongnoise · 24/08/2018 12:27

'He has a jaw problem which restricts his airways, if it's anyone's business!'

Jesus @LadyRussell no need to be so arsey. Hmm Some people are only trying to help.

And actually you made the whole issue everyone's 'business' by posting your thread on the pissing internet! Hmm

I shan't bother saying anything else if you're going to be all pissy! Good luck to you and your husband, but I'm out! Hmm

Original poster
LadyRussell · 24/08/2018 12:27

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

Pretty sure they would need to send this signed for for it to stand up in court.

OP posts:
BanananananaDaiquiri · 24/08/2018 12:29

If the OP's DH is already using a CPAP and it's already being proven to improve his sleep apnoea, then he's probably less of a danger on the roads than half the other drivers out there, so the pearl clutchers can give it a rest.

OP, wait until your DH gets home and 'opens his post'. Then get straight onto his consultant and ask if they can provide the DVLA with evidence of his response to CPAP treatment ASAP.

mydogisthebest · 24/08/2018 12:31

Why would the "I haven't seen the letter yet" defence not work? For goodness sake he has NOT seen the letter has he?

What if the OP hadn't opened it and it sat in the house until his return? What if he were away on holiday and it sat there for 1 week, 2 weeks?

If the DVLC really think he should have stopped driving the second they decided then they should have found a better and quicker method to get the information to him shouldn't they?

Ifailed · 24/08/2018 12:31

Pretty sure they would need to send this signed for for it to stand up in court

Nope, here you go:

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

Original poster
LadyRussell · 24/08/2018 12:32

Well most people who don’t travel or work away don’t open their post until they return from work do they?

OP posts:
fanfan18 · 24/08/2018 12:33

the link posted straight after the OP is clear. If the person suffers from excessive sleepiness with their sleep apnea then they may not be able to drive but if they dont suffer from sleepiness then they should be okay to carry on driving.

What did you tell the DVLA exactly?

My fiance has severe sleep apnea and I didn't even know you were meant to tell the DVLA!!!

Flyingpompom · 24/08/2018 12:34

@Ifailed
When is it assumed he has received the letter? As it seems it only arrived today and yet his licence was revoked yesterday. Was he breaking the law by driving yesterday? If he didn't have a partner at home opening his post, he would have no way of knowing his licence had been revoked.

Original poster
LadyRussell · 24/08/2018 12:35

fanfan18

If it’s severe it will be the same situation as my DH I am afraid to say Sad

OP posts:
Felford · 24/08/2018 12:35

he's probably less of a danger on the roads than half the other drivers out there, so the pearl clutchers can give it a rest.

Ah, I didn't realise it was ok to drive unlicensed and uninsured as long as you are 'probably better than half the other drivers out there'

sprinklesandsauce · 24/08/2018 12:37

OP, that is ridiculous, clearly he is not going to stop driving until he reads the letter telling him that he can't as he is not aware that he shouldn't...... That is like setting a trap for him to fall into.

I would let him get home, then clearly don't let him drive again until DVLA says so. I know it is a pain, I couldn't drive for 3 months after a leg injury and we don't have much public transport here.

Then provide everything that DVLA want, as quickly as possible.

My Dad has SA and also has a CPAP machine and is perfectly safe and legal to drive as approved by DVLA so ignore the people who think your DH shouldn't be driving anyway due to the SA. If it is being treated then he will not fall asleep at the wheel.....

RingtheBells · 24/08/2018 12:37

By the time this thread has finished OP, DH will be home and then he can sort it out from there.

ExileOnMNStreet · 24/08/2018 12:39

I think the important point is did he inform DVLA himself or was it his medical team?

I have lost my licence due to uncontrolled epilepsy. The consultant advised me to contact DVLA myself and surrender my licence as it makes it easier to get it back, than having it revoked. I think they also informed DVLA but as I had already informed them there is a different procedure than revoked licences. I have to wait 12 month seizure free, have that confirmed by consultant and they will return my licence apparently.

On my last discharge letter they said they had advised me to stop driving with immediate effect. So I had to, and informed DVLA immediately. Tbh, it's a nightmare and I'm struggling. I do have a free bus pass from my LA, if he applies he should be eligible. It is really hard, especially without any notice but I take the view it's for a good reason and I couldn't live with myself if I had an accident.

TooTrueToBeGood · 24/08/2018 12:39

The DVLA obviously got a report from the Doctor. I think it's extremely likely that the Dr advised their patient DVLA would be informed and also advised said patient that they should not drive until medically cleared to do so. If I'm right then the OP's belief that the letter from the DVLA came without any warning is unfounded. Her partner was warned but chose to ignore the warning.

RomanyRoots · 24/08/2018 12:40

If that was my dh I'd be scared for the safety of the kids and other people on the road.
He can't drive and is breaking the law, how he gets to work is immaterial when he poses a threat to others.
can you not call your kids and get him to pull over, ask a family member or even yourself go and collect the car and somebody else drive the kids and dh back.

ExileOnMNStreet · 24/08/2018 12:40

Oh and I don't know the rules about apnea, but it was clear it was my responsibility to research if my condition was notifiable, and act accordingly. The onus is on the driver. Did he tell DVLA himself?

Flyingpompom · 24/08/2018 12:40

OP, you probably know by now that a huge number of MN posters are prone to overdramatics! I don't know anyone in real life who would expect you to contact your DH and recommend he abandons his car at the side of the road. No reasonable police officer/judge would expect him to be psychic.
If it was considered urgent then I agree with previous posters, the DVLA would have telephoned to try and contact him. They expect him to stop driving when he receives the letter. Which he will do, I'm sure.
I hope he manages to get it sorted ASAP.