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  • DVLA Backlog – Help!
  • BigJohn
    Full Member

    Last December a family member had a mild seizure. As a result their driving licence got suspended. I understand the rules are that this results in a 12 month suspension, unless a consultant certifies that the condition has been stabilised and a 6 month suspension is adequate.

    Well, that’s what happened. the consultant wrote a letter saying everything is fine and the appropriate application was sent in.

    But since then, there’s been nothing forthcoming from DVLA. In phone calls they have confirmed they’ve got the letter, but it hasn’t yet been actioned (or even opened) because of “backlog”.

    The lack of licence is causing great inconvenience and the fear is that when the anniversary rolls round, they still won’t have a licence, so still won’t be able to drive.

    Does anybody have any relevant experience or influence that might help us?

    Cheers!

    richmars
    Full Member

    I had something similar due to epilepsy last year, 1 year off. It makes a difference if the licence was voluntarily sent back, or was suspended by DVLC. There is also a rule that allows you to drive if you’re fit but waiting for DVLC. The problem with that is insurance. I was fit to drive but couldn’t get insurance because the insurance company can look at the DVLC database, and it had me down as suspended.
    There wasn’t much of a backlog in June, but this was a fairly normal 1 year suspension, when they write to your consultation, rather than a letter received.

    1
    poly
    Free Member

    BigJohn,

    What richmars describes is covered in this leaflet from DVLA:

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1180997/inf1886-can-i-drive-while-my-application-is-with-dvla.pdf

    That is DVLA’s translation of s88 of the road traffic act.  https://www.legislation.gov.uk/ukpga/1988/52/section/88

    richmars identifies a problem with getting insurance if dvla records say your licenese is suspended/revoked.  You might find an insurer who doesn’t check this and doesn’t ask to see the license (particularly for a “named” driver rather than the main driver).  Generally the caveat on the insurance is to the effect of “holds or was entitled to hold a license for the class of vehicle” so you can actually be insured this way BUT…

    1. Don’t expect a cop at the roadside to understand s88.

    2. Don’t expect a cop at the roadside to understand the hold or entitled to hold wording.

    3. Don’t even expect a prosecutor quickly reviewing a report from the cop to understand 1&2 (you won’t be there pointing it out to them).

    4. So if stopped very likely to be prosecuted and have to go to court, with a copy of the road traffic act and the above leaflet to point out the issue.  They should then (assuming you would be entitled to a license) be fine and the case dropped / found not guilty.

    The question is, does the risk of 1-4 outweigh the inconvenience of waiting for your license?

    I guess there is a supplementary consideration that IF you were to be taken unwell behind the wheel and involved in an accident then the police/prosecutor are less likely to be convinced that DVLA should/would have granted your license.  At that point a bad day just became very bad.

    If I was going to do the above I’d be writing, recorded delivery, to DVLA explicitly telling them the answers to each of the questions on the leaftlet and that therefore you were entitled to drive and giving them maybe 14 days to object.  I’d copy that letter direct to the Secretary of State for Transport, and probably my MP too.

    MoreCashThanDash
    Full Member

    Without wanting to cause unnecessary aggravation to my CS colleagues at the DVLA, writing to your MP and stressing the hardship it’s causing can cause backlogs to magically be overcome.

    It’s wrong, but it tends to work.

    BigJohn
    Full Member

    So there really is a backlog affecting things. This isn’t just a one off?

    timba
    Free Member

    I have had experience of this thanks to 5-yearly medicals for large vehicles.

    The important factors are that the medical specialist is happy to support s88 on the applicant’s behalf and that DVLA has the licence application. Follow the links above for the rest of the detail

    Insurance is a different thing

    MP is a good shout. I couldn’t even get an acknowledgement of an email from the Home Office, never mind a reply, but my MP got chapter and verse within days

    1
    MoreCashThanDash
    Full Member

    So there really is a backlog affecting things. This isn’t just a one off?

    The DVLA has been in all kinds of problems since before the pandemic, if reports are to be believed.

    oldtennisshoes
    Full Member

    @poly licence not license

    Not like you to get these things wrong 😉

    1
    breninbeener
    Full Member

    I have some experience here.

    Im a retired Police officer and spent a lot of time as a traffic officer on the roads policing department in cars and on bikes.

    In July 2022 i had a big OTB in Morzine whilst riding with my daughters. I presented myself at the med centre in Morzo. I had no neuro sysmptoms but a popped clavicle.

    I continued to have no obvious symptoms, but slowly developed headaches and being v tired.

    In Oct 22 i had burr hole surgery of my skull to repair a brain bleed. I now have a couple of extra holes in my skull! I had a rebleed and had a repeat op in Nov 22.

    I had to surrender my DL for a fixed 6 month period, however you can reapply after 5 months. As soon as you have reapplied for your DL, the DVLA will allow you to commence driving again if you are signed off as fit by your doctor.

    So ive been driving under S88 of RTA for almost 6 months. My consultant has sent a letter to DVLA, bit there it is stalled.

    When i came to insure my car, i explained this and they were happu for me to be insured with what id told them.

    However im also a nmed driver on my daughters car, and a dvla check of my licence shows it as ‘medically revoked’ so i cant drive her car.

    Its a complete minefield and as a Police officer i never dealt with it, but im happy im complying with the law.

    Ian

    BigJohn
    Full Member

    Thanks for the replies, they’ve been passed on. As will any more tips and hints.

    1
    poly
    Free Member

    @poly licence not license

    Not like you to get these things wrong 😉

    oh it’s VERY like me to be unable to spell licence!  There’s a few dozen words that I just have a mental block on…

    BigJohn
    Full Member

    licence not license

    I was told you can’t “C” a verb.

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