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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home from a trip to the other side of the country and I have received a letter from the DVLA saying his licence has been revoked as of immidiate effect from yesterday - WTAF?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:
glintandglide · 24/08/2018 13:41

The point about not being able to argue you didn’t receive a letter lost or delayed in the post is an academic argument that has no relation to the reality of the situation.

Who is It a drama for? The insurance company won’t care, it’s an everyday occurrence. Amongst whom will this drama take place? Will they be screaming and flapping?

SlartiAardvark · 24/08/2018 13:45

I'd wait for him to get home TBH.

If wasn't in the home when the letter was delivered, how is he supposed to have read it??

What would have happened if they were 3 days into a 4 week holiday driving round Europe in a Campervan for instance?? Is he supposed to telepathically know??

Loving the pearl clutching though, especially with an element of "think of the children" thrown in..... Grin

Fatted · 24/08/2018 13:45

Happened to my dad due to seizures. You have to supply medical reports to the DVLA for them to assess the risk. Took my dad about a year to get his license back. He was in a similar situation as he travelled long distances to work. He worked from home for a while and then was let go. Then got another job nearer home. He now has his license renewed every 3 years instead of 10 and he has to get it signed off by the GP to confirm no further seizures.

It is all a bit crap but having first hand of experience of people who have caused accidents due to medical episodes, it is probably for the best for his safety and that of others.

RingtheBells · 24/08/2018 13:45

Glintandglide, I have that, I was born with it and it is only notifiable if you drive a bus, coach or lorry. You can drive a car as long as your good eye is good, (smile)

glintandglide · 24/08/2018 13:47

Yep my mum has regained her sight luckily - going round roundabouts with her was er interesting. It was fairly temporary so she was less used to it than someone who had it from birth

CocoCharlie83 · 24/08/2018 13:48

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

I have never had an accident or been pulled over in 15 years of driving does that mean I don't need a license or insurance since my chances of it happening will be even better than extremely low given I am in great health?

OP if I was driving home a long difference with information of not having a license or insurance being kept from me by my partner I'd be pissed. I'd want the know to make my own choice as to whether to continue the journey and drive even safer than usual given no insurance

SlartiAardvark · 24/08/2018 13:49

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

Exactly.

SlartiAardvark · 24/08/2018 13:50

OP if I was driving home a long difference with information of not having a license or insurance being kept from me by my partner I'd be pissed.

No, if he hasn't been informed, it's not in effect.....

BoneyBackJefferson · 24/08/2018 13:51

RingtheBells

Posters explaining that he has no licence, no insurance and if he gets pulled over the police will not just allow him to drive home.

Are not "rubbing their hands in glee", they ar ejust pointing out that if these things happen then her family will be in for a much worse time of it than trying to find a way home from where ever they are.

RainySeptember · 24/08/2018 13:51

Some of the posts on here sound hysterical.

Yes he has had his licence revoked, as is only right given his newly diagnosed medical condition.

He will be able to prove in time that his treatment is working and that he is ok to drive. It might take several months but I think we're all in agreement that it is to protect himself and other road users.

What is ridiculous is people suggesting that he needs to abandon his car and gear right now. The DVLA do not expect him to act on their instruction until he has actually received the instruction. He is no more dangerous now than he has been for the past weeks, months and years when he was suffering but undiagnosed. In fact he is safer because he's receiving treatment. Apnea takes many forms and I am certain he would not be transporting his kids if there was any chance of him falling asleep at the wheel.

OP, you've obviously got big problems to sort out now regarding recovering his licence and managing his commute in the meantime. I'm sure you posted in panic and I'm glad you've received some measured advice from people who've been through it. Let him get home, and then formulate a plan together.

SoupDragon · 24/08/2018 13:52

No, if he hasn't been informed, it's not in effect.....

Others have pointed out that this is incorrect from a legal point of view.

aaarrrggghhhh · 24/08/2018 13:53

@SlartiAardvark - he would be deemed to have been informed.

And in any case he is likely to have had his insurance voided (or at least voidable by the insurer) since he became aware he had a notifiable condition and didn't advise the insurer.

oldsockeater · 24/08/2018 13:54

Technically he sounds like he is as safe as any other driver (and safer than he was before treatment).

However, driving without insurance is a worry (surprised at glint saying this is not an issue). If you crash and injure someone and don't have third party cover it could either mean the injured party gets no payout for their losses, or you could get made to sell your house etc to pay the bills. Plus you would be likely to get into trouble with the law.

This probably should have been foreseeable, presumably the doctor mentioned that they were going to report to DVLA?

If it were me I'd probably just drive home but would be very very careful on the way!

RingtheBells · 24/08/2018 13:55

Do we actually know that he hasn’t informed his insurer, OP hasn’t mentioned insurance. Or is this just guessing

aaarrrggghhhh · 24/08/2018 13:56

@RainySeptember - the DVLA would deem him to have received notice.

He is almost certainly driving uninsured regardless of the DVLAs position. An insurer may pay out, but highly unlikely to.

So - is it hysterical to say that it is a significant risk to drive uninsured? My view is its not. It is a very low risk of having an accident. But the consequences could be very significant.

birthdaygirls · 24/08/2018 13:56

What were his symptoms that made him to go the docs after so many years and get diagnosed?

I think your best course of action is to make a plan when he arrives as pp suggested. Can you afford the time to be his taxi? Does he need to drive for work?

Feefeetrixabelle · 24/08/2018 14:00

I’m epileptic he won’t be getting his license back any time soon minimum six months possibly never. He should also stop driving immediately- his insurance is invalid. Surely he knew this was an option as he had to tell dvla. They rarely do anything other than revoke the license and his doctor would have mentioned that at the time. He should pull into the nearest services and arrange for someone to collect him and the kids.

RingtheBells · 24/08/2018 14:00

We don’t know if he informed his insurer when he informed the DVLA. You have to tell insurance every little thing, we had to tell them even when we had a towbar fitted, so he may have told them

DolorestheNewt · 24/08/2018 14:02

Don't know if this will help you, OP, but if you can get your DH's driving licence number and NI number - which I accept may be a tall order on the spot!! - you can check his driving licence details here if it says that he doesn't have a valid licence right now, today, I would be a bit concerned that he might get picked up there was a SNAFU with DH's insurance once and the police were just randomly checking number plates and pulled him (it was fine, but a nasty moment!)

www.viewdrivingrecord.service.gov.uk/driving-record/licence-number

glintandglide · 24/08/2018 14:05

“CocoCharlie83

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

I have never had an accident or been pulled over in 15 years of driving does that mean I don't need a license or insurance since my chances of it happening will be even better than extremely low given I am in great health?”

It’s really odd that you don’t understand my simple post. I don’t really know what else to say.

To the posters saying the law has deemed him informed by the act of the DvLA posting the letter are starting to sound dim. It’s ireelvant.
Who is going to argue that point to whom? It’s an Academic point made in case law, not a principle applied by the police.

HeckyPeck · 24/08/2018 14:05

Worst (and very unlikely) case scenario: police pull him over, he has no idea about the letter. He isn’t charged with any offence (as the letter was only sent yesterday and he hasn’t been home) and is made to stop driving. OP and DH have to sort out how he’ll get home with kids - maybe breakdown cover.

Most likely scenario: he gets home, reads the letter, stops driving.

A quick google reveals the deemed date of service is the second day after document was posted (if it was sent first class) It’s dated yesterday so the first day after is today and the second would be tomorrow. All good op 👍

RainySeptember · 24/08/2018 14:05

"So - is it hysterical to say that it is a significant risk to drive uninsured? My view is its not."

Yes when he is mid-way through a journey with no other (sensible) way to get him, his kids and their luggage home.

Furthermore, we are all responsible for making our own judgement about our own safety to drive. If any one of us causes an accident due to sleepiness, due to a medical condition or a new baby keeping us up all night or whatever, then we are legally responsible.

OP, there's useful information about this on the Sleep Apnea Trust website.

glintandglide · 24/08/2018 14:06

That’s an excellent post deloresthenewt

glintandglide · 24/08/2018 14:09

And heckypeck

DolorestheNewt · 24/08/2018 14:09

A quick google reveals the deemed date of service is the second day after document was posted (if it was sent first class) It’s dated yesterday so the first day after is today and the second would be tomorrow.
Quality posting, HeckyPeck

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