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home from a trip to the other side of the country and I have received a letter from the DVLA saying his licence has been revoked as of immidiate effect from yesterday - WTAF?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

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!

I agree, from a purely health point of view what's with all the hysterics? He has a CPAP machine. It's not like he has severe untreated narcolepsy!

No comment on the insurance being void side of things.

talk to his gp immediately

According to the links above, he only needed to alert the DVLA if his doctor thinks it would affect his driving. That statement from the doctor was his early warning, or it's a mistake all round if that is NOT what the doctor ordered. In which case getting his license back should be a matter of another letter from the doc saying "no, stop that, he's fine".

@runningkeenster It will, but I was making the point that I personally rather spend five hours collecting them than risk a potentially far lengthier and more stressful situation of having to prove all that if he were to be accused of driving without a licence/insurance etc.

OP had your DHs consultant told him he is safe to drive? Was it your Dh or the consultant that informed the DVLA he has sleep apnea? How many times does he wake up on CPAP?

For qualification, I was diagnosed with Sleep apnoea several years ago and have (very successfully) used a CPAP machine ever since.

This may have changed recently but when I was diagnosed, you were only stopped from driving immediately if you drove for business - lorries, buses and so forth. In my case (and my OSA was severe) I was told that I could keep driving in the interim. I had to demonstrate compliance (continuous use of the CPAP machine) to the Consultant and they then wrote a letter that I could forward to the DVLA that notified them that I had OSA but was compliant with the treatment. The DVLA then wrote back confirming that I could continue driving. At no point was my licence revoked.

OP, one thing I read was that your OH had bought his own CPAP. Did he not go through a hospital Sleep Unit? They provide them under the NHS. I thought that CPAPs were medical equipment that could only be purchased under prescription.

Someone who might help (I think they have a helpline you can phone) is the Sleep Apnoea Trust. They are very knowledgeable. www.sleep-apnoea-trust.org/

www.sleep-apnoea-trust.org/driving-and-sleep-apnoea/detailed-guidance-to-uk-drivers-with-sleep-apnoea/ so which category does your husband come under?

I have severe sleep apnoea (70+ episodes per hour when first diagnosed) and have had my licence revoked. The process for getting it back is really simple, you phone the DVLA, ask them to send a form out, give the details of your consultant who then writes to the DVLA to confirm compliance with treatment. I'm just too slack to sort it out but my consultant has said that he will happily confirm I'm fit to drive if and when I do. I'm not sure what the cost is though for regaining the licence, and get anxious when talking on the phone so that's why I've not done it yet. The guidance isn't clear whether it's the same cost if it was revoked for medical reasons as for loss due to points or conviction.

Edu- upthread at least one person said 'He should stop driving NOW'(Jaxhog at 12:46.)

There are some drama queens on this thread 😭 for goodness sake of course he doesn’t need to pull over and evacuate immediatly. How is he supposed to get home?

OP I would encourage you to appeal but if that’s unsuccessful he will probbaly get it back in time. Good luck, it’s a real pain for lots of people to be licence less and I feel for you

Hopefully he will get his licence back quickly, as it is a jaw problem causing it, is it possible that could be sorted as that is causing the SA. Hopefully he will be home soon and then he can start sorting it out today rather than leaving it until Tuesday

Amazed that posters who don't condone driving without a license and insurance are referred to as drama queens, pearl clutchers and fannies.

There are some drama queens on this thread 😭 for goodness sake of course he doesn’t need to pull over and evacuate immediately.

Is that a qualified legal answer ? Or just saying something ?

My curiosity is piqued now. I wonder what the legal situation is here ?

How is he supposed to get home?

Generally, the answer is "that's his problem", I'm afraid.

The legal position only matters if you are pulled over or in an accident. Chances of these happening on his way home extremely low.

For all those claiming drama queens - it would be a huge drama if he has a serious accident with no insurance. HUGE.

Insurance company was in fact VERY likely to decline from moment he became aware he had a condition that was notifiable to the DVLA. In fact, I'd say certainly.

You have an ongoing duty to disclose a material fact that would impact on insurance. Which this is. If you don't, insurance is void.

(closing an envelope up again (!!??) would not help in anyway)

I always feel on MN a lot of posters absolutely love another persons misfortune, it is almost like they are rubbing their hands in glee about it.

It wouldn’t be a huge drama at all happens all the time in accidents. Who do you think it would be a HUGE drama for?

Arrggggg your point is irrelevant since he hasn’t read the letter. How could he inform the insurance company of something he doesn’t know?

The chances of him being pulled over by police are about the same as my dog suddenly flying round the room.

Literally every day I see some of the most dangerous drivers especially the ones on motorways suddenly pulling from fast lane to turn off, swerving between all 3 lanes constantly, undertaking etc. Never any police to see them and yet posters seem to think the police will have wanted alerts out for the OP's OH.

My DH was diagnosed with sleep apnea about 15 years ago. He was given a cpap machine by the hospital. They said he would be safer to drive because of using it than he had been for all the years he had been undiagnosed (probably at least 5 years). His licence was never revoked.

All posters on MN care about is their (uniformed) view of the technicalities in law. There doesn’t seem to be any acknowledgment of how irrelevant they are to real life. Really odd

When he sends the DVLA his medical notes, send them recorded delivery! The DVLA have repeatedly lost his notes, it’s been nearly 9 months of back and forth atm

@glintandglide - he was aware that he had a notifiable condition - that is the point at which duty to disclose arises. Having a notifiable condition impacts on your premiums and whether or not an insurer will provide cover to you at all. It's irrelevant whether or not he has read the letter (which as said he would be deemed to have received in any case).

As for it not being a drama to be uninsured if involved in a serious accident. Is that your genuine belief?

Oh and I should say my mother at one point had less than 80% vision in one eye and there was never even a question of her losing her licence. I always found that a bit scary

*Lost my husbands notes

You don’t have to await notice from the DVLA to be told you are unfit to drive. If it’s apparent from a medical condition that you are well aware of (which you are) you would likely be screwed in the event of the unfortunate.

That being said, I’d drive safely home... 😄