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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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I had a reportable medical condition on my car and hgv licence

Customer Question

I had a reportable medical condition on my car and hgv licence back in 2006 and following a succesful operation have had no problems since This was transphenoidal removal of a pituitary tumour. My consultant said no problem with my licence but only now when i am taking a hgv medical at 45 for renewal is its clear to me it was reportable. Whats are the consequences i know its classed as a criminal offence and £1000 fine but will my car or hgv licence be revoked or suspended. The issue todayis not the medical condition as that condition is fine its the non reporting. What is e best course of action and consequences. I cant afford to lose my car licence. Ps i have not used my hgv licence since i passed my test
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
HI.

Thank you for your question . My name is Jo and I will try to help with this.

how can I help with this?
Customer: replied 3 years ago.
For jom01972

Hi what is my best course of action and what are best and worst case consequences. I need my car licence for work. Will i end up in court and have my licence suspended or reboked.
Expert:  Jo C. replied 3 years ago.
Ok.

have the DVLA revoked your licence?

Do they know?
Customer: replied 3 years ago.
For jom01972

No when i had the issue back in 2006 the consultant said i would have no issue with my licence. I didnt notify them as a result. Now i have received the paperwork to do my hgv medical renewal as i will soon be 45. I have the medical with my gp today. Looking at the forms i should have notified them back in 2006. They are not aware
Expert:  Jo C. replied 3 years ago.
OK.

but in 2006 did anybody advise you not to drive?

Why didn't they notify the DVLA themselves if they were concerned?
Customer: replied 3 years ago.
For jom01972

Ive looked at the web constantly and dvla site in the last few days. It states its the licence holders responsibity to inform them. Im really angry with the doctors now as the specialist on pituitary issues i saw must have people through the door everyday and he didnt raise it once. I made a point of asking him if there would be any issues and he reassured me not. I guess i cant prove this though. I saw the medical guidance on the web and it says ok to drive after operation but dvla must be notified. I work as a manager in the haulage industry and am really worried about my car licence not really the hgv but also whether my employer will take issue with me if i end up in court

Thanks
Kevin
Expert:  Jo C. replied 3 years ago.
Ok.

So can you give me the information that I asked for?
Customer: replied 3 years ago.
For jom01972

No one advised me at any time not to drive or that i shouldnt drive or that i should report it

I dont know whether doctors can report directly to dvla due to patient confidentiality?
Expert:  Jo C. replied 3 years ago.
It is your duty to report anything that may affect safe driving. You will find the criteria here

http://www.dft.gov.uk/dvla/medical/aag/Introduction/Notification%20to%20DVLA.aspx

But you seem to be saying that the view of your advisors was that this would not. You are not under an obligation to tell the DVLA about things that will not affect safe driving.

If there was any indication to the contrary then they should have informed the DVLA.

If this was a genuine misunderstanding then actually the DVLA will probably accept that. Im not quite sure how your advisors could have been mistaken though in what they said to you and in failing to tell the DVLA. If they are saying now this should have been reported then they should have mentioned that in 2006.

The worst that will happen though is that there will be revocation which won't last long if you can prove your condition is resolved.
Customer: replied 3 years ago.
thanks do you think they will actually prosecute. I dont mind the financial penalty but are they liable to endorse or revoke my licence for the notification failure alone

Also where it is classed as a criminal offence for non reporting could i then have technically a criminal record

Thanks
Expert:  Jo C. replied 3 years ago.
They are able to do that but I really don't think they will here if the facts are as you say.

Failing to notify is a criminal matter but a road traffic one like speeding which doesnt really impact upon your character.

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