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home from a trip to the other side of the country and I have received a letter from the DVLA saying his licence has been revoked as of immidiate effect from yesterday - WTAF?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

Flyingpompom it is a well-established point that "official" documents are deemed to have been received, and, unless the contrary is proved, First class mail is deemed delivered on the second working day after posting, and Second class the fourth working day after posting. “Working Day” means Monday to Friday not including Bank Holidays.

"contrary proved" means proving that the letter was not sent, not not received - if that makes sense!

I have a little bit of experience with this a while ago, when DP did not get an important letter about tax, but was advised that it is assumed in law that they did, as above. Letter turned up a week or so later.

No advice on what to do about right now but my dad had his licence revoked due to a TIA and despite him being fine and having been driving for 8 months before the stupid thing was diagnosed it was a right palaver to get it back. He says it was 2 months, me and my mum think it was more like 6. It's a pain but I don't think there's a shortcut. Sorry.

It's not necessarily about the arrival of letter from DVLA. At the point of diagnosis he has a responsibility to notify DVLA, check the conditions and stop driving if their regulations say so. If he didn't do this it is on him.

There are some proper silly fannies on here!

He needs to finish his journey and then speak to his Dr.

The confusion is that instead of fannying about being dx and going through sleep studies etc etc so the medics HAVE a record of his treatment and improvement - he has gone out and bought CPAP machine and done it himself - so no such record exists.

He needs to talk to his GP, show them the data, perhaps be referred so he gets an official monitor and official record of his sleep, oxygen sats etc and then the DVLA will be informed that he can drive again and his licence given back.

My OH went through the same process but as it was all done by the NHS and on record the DVLA were informed he was recieving treatment and being monitored.

We were initially told the DVLA may revoke his licence - however as they were informed he had a CPAP and was being monitored, that didn't happen.

The point is he has known about this condition for several months, and has been getting treatment , and informed the dvla. All fine and dandy, but the dvla is very clear that it is up to the licence holder to then provide evidence from their medical practitioner to say that the treatment is effective and that the licence holder is fit to drive.

Since this hasn't happened for whatever reason the dvla , in the absence of government issue crystal balls , has no option but to revoke a licence. They can't just shrug their shoulders and say, "oh, ops partner hasn't fallen asleep at the wheel yet so we'll give him the benefit of the doubt, and although we haven't had confirmation from his consultant we'll cross our fingers and hope the treatment is being effective." Nor can they tell someone " you have had several months to inform us about your condition, but you are a nice person so we are giving you notice that we are going to be revoking your licence a week on Tuesday if that's not too inconvenient for you."

Ops partner is at fault for not getting proper documentation in place before the licence revoking was triggered.

Thanks ifailed. I'd say as we don't know when the letter was posted, then, we can't assume that it's 'legally binding' yet, iyswim. (Wrong terminology I'm sure but you get my drift)

As for those saying he's a danger...do you really not understand that he's been a danger for years, while his problem has been undiagnosed? He's probably safer than ever now he's having treatment.
I'm not advocating driving until he's deemed medically fit, but the level of disingenuousness is laughable.

The DVLA guidance is very, very clear. If his Apnoea is bad enough to report to the DVLA, then he must stop driving IMMEDIATELY he reports it. Not when he gets a letter.

His insurance is already void. You need to tell him by whatever means you can to stop driving NOW.

The usual assumption for things like serving court documents by post is that you allow two days for the letter to arrive.

Really OP, you need to talk to someone who knows how the law works in your current situation - presumably solicitors specialising in motoring law. I strongly suspect that Patriarchy is right, but relying on internet advice is really very dangerous in this sort of situation.

On a related point - have you informed your insurance company of his diagnosis? If not, your insurance may not be valid in the event of an accident.

I posted earlier that I had a similar situation and couldn't drive for 6 months. At no point during the 6 months did my medical condition cause any issues, and in hindsight, it would have been ok for me to drive, but that isn't the point - the decision is made by the DVLA to prevent harm to individuals and others and the burden of proof is on the individual to show they are safe to drive.

Here is the DVLA advice if he believes he should be allowed to keep his licence.

If you disagree with DVLA’s decision
You can write to DVLA if you disagree with the decision to stop you driving. You must be able to provide relevant information that wasn’t included in the original assessment.
You must also include:
• proof that you meet the required standards for driving (these are explained in the decision letter DVLA sent you)
• the reference number from your decision letter
DM Business Support
D7
DVLA
SA99 1ZZ
You can also appeal the decision if you contact your local magistrate’s court within 6 months, or your local sheriff’s court in Scotland within 21 days.
You may want to get legal advice before you appeal - you might be able to get legal aid to pay for it.
You must tell DVLA in writing if you choose to appeal.
Driver and Vehicle Licensing Agency
Drivers Medical Group
Swansea

A five hour trip to fetch them is annoying and frustrating, but personally I’d rather that than worrying about whether he may get pulled over, or the outcome if he was to be an accident (even one that isn’t his fault) could end up with questions about why he was driving when his license was revoked.

Whats with all the freaking out about a man who has had a condition for a long time, and been driving the whole time, now driving AFTER being treated for the condition? He's MORE safe now than he was before, not less!

Yes, when he gets home and reads the letter he has to stop driving and reapply for his license, that is the law. But some of you seem to think he should slam his brakes on in the middle of the motorway and dramatically abandon his car and start walking!

Some logic, please.

If he informed the DVLA, I'm not sure why he didn't consider himself unfit to drive from that point on?

OP, wasn't going to call him/kids to stop, you can tell by the entitled "it's not fair' 'they can't do that" attitude.
I'm amazed that people are so blaze about their entitlement to drive, whatever the cost.

One of my friends had sleep apnoea and used CPAP at night, she did t have her licence have her revoked. It all seems a bit odd tbh maybe he could ring his doctor when he’s back and have a word. I have a 3 year licence due to MS the DVLA took ages sorting my renewal and effectively my licence ran out, however, when I spoke to the, they were really helpful, sent me a letter to carry via email and said I could continue to drive as long as I was sure my neurologist would allow me to renew my licence. I’d make a couple calls and see if maybe your DH could have the same allowance made

His insurance company would almost certainly turn down any claim if an accident happens.

I was told by my consultant that I was fine to drive after removal of a brain tumour once histopathology confirmed it was a Grade 1 tumour. I informed the DVLA of my surgery, as required by law.

I picked up a letter from the DVLA, which arrived just as I was leaving the house to take DD to a long-awaited hospital appointment. It also informed me that my license had been revoked for a year - from the day before!

I re-sealed the letter put it back on the mat and took DD to her appointment ‘opening’ it when I returned.

It was a huge palaver to get it back, do not expect to get much help when your DH phones them, however long you think it will take, double that.

Why would you not tell him? He's a grown man and can make his own decisions. Also, they're not your children - wow!!!!

Agree with Jaxhog 100%

No advise on this but to say i was where you are now a year ago, end of the day he wouldnt recieve the letter until he was home could be delayed in the mail etc so whilst he shouldn't be driving until he gets home hes not had the letter. Dh had to jump through loads of hoops to get his driving license back but he did about 3 months later

Flyingpompom is the most measured, sensible response on this thread.

I agree that the insurance co will turn down a claim but only because they would do their best to turn it down anyway, because that's what insurance companies do.

Are people on this thread really suggesting that the OP should call her DH while he is driving and get him to pull over and abandon the car in the middle of nowhere?

could end up with questions about why he was driving when his license was revoked the date will be clear and it will be obvious the letter had not been received yet

I've skipped to the end here to say that it is pretty crap, particularly when you consider how many elderly people are out and about in their cars who really, really shouldn't be behind a wheel; people you've just had dealings with in one way or another who patently have no awareness of what's happening around them.

I know two wrongs don't make a right, but sooner or later, if they're going to come down heavily on someone with sleep apnoea, the risk being they might be impaired, they should also be rather more robust in revoking the licenses of the increasing numbers of people out on our roads who are definitely impaired; who can, for example, exit your office via the broom cupboard door- and not realise; who can't state their home address; who lie on the examination couch, feet on the pillow, but who cannot be made to understand that they're the wrong way round, who walk out of the change cubicle bollock-naked, holding the gown you gave them.

All heading back to their cars to drive home.

But some of you seem to think he should slam his brakes on in the middle of the motorway and dramatically abandon his car and start walking!

Oh please, where has anyone said that? There seems to be quite some dramatics on both sides of the fence.

OP, it feels horrible and unfair. From what you’ve said it doesn’t sound like there should be much issue with him getting his licence back, but there is a process to be followed for that and you need to play ball as ultimately it is to ensure the safety of him and everyone around him.

My reading of those links suggests that if when you notify the DVLA you should stop driving until you hear from them.

she cant ring him because he is (probably) driving - it is unsafe for people driving to talk on phone (he DOESNT (CLUE!!!!!) have a hands free - as far as DVL know - & anyway even if he did DVLA acknowledge is dangerous to talk)