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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70518
Experience:  Over 5 years in practice
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Slightly complex question (I think). I was diagnosed with a

Customer Question

Slightly complex question (I think). I was diagnosed with a brain tumour (a benign meningioma) in 2011 and had to give up my license. In October 2011 the tumour was successfully removed by an operation. For some time afterwards I suffered seizures until my medication dosage was stabilised and I have been seizure free since November 2012. I re-applied for my license a year after my last seizure, but the process is taking forever to get through. The DVLA have suggested that I might be able to take up driving before the formal process is completed under provisions of Section 88 of the Road Traffic Act. Sadly, I can barely even parse it, much less understand whether it applies and whether I would end up inadvertently breaking the law.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Jo C. :

Hi. Thank you for your question. My name is Jo and I will try to help with this. Let me look at the regulations in a bit more detail and I'll respond this afternoon, won't take too long hopefully

JACUSTOMER-dnnzkf0i- :

Hi Jo - thanks. The regs look daunting to me and the DVLA's own advice isn't exactly a model of clarity!

Jo C. :

Hi

Jo C. :

I'm back!

Jo C. :

I'm back in.

Jo C. :

Are you asking me to translate S88

Jo C. :

?

JACUSTOMER-dnnzkf0i- :

Hi - welcome back :)

Jo C. :

Thanks.

JACUSTOMER-dnnzkf0i- :

Hi - welcome back! :)

The DVLA have written to me as below:
-----------------------------------------------------------

I can also confirm, there is a provision in the law, under section 88 of the road traffic act, which could allow you to continue driving whilst your licence is being renewed, as long as you are able to satisfy all of the following criteria:

• The Driver and Vehicle Licensing Agency (DVLA) is in receipt of a valid application, which is less than 1 year old

• You have held a licence previously

• You have the support of your General Practitioner (GP)/Consultant to continue driving

• You are not currently revoked/refused for medical reasons

• You are not currently disqualified by a court

• You drive under the conditions of the licence applied for such as those applicable to provisional licences

---------------------------------------------------------------------------------------------------------
The confusion I have is that I am technically still not in possession of my licence due to medical reasons, but this is the very reason I am applying for my licence back.

Basically I was banned on medical grounds for 12 months. This 12 month period came to end on November 14th 2013 (12 months after my last seizure). I have been trying to get through the process of getting my licence back ever since with no end in sight. Under S88 and the advice the DVLA sent me above, does this mean that I can drive again in the interim or not?

Sorry if this isn't clear enough. Everything I get from the DVLA is as clear as mud to begin with!

Jo C. :

When you say banned, you mean revoked by the DVLA not banned by a court?

JACUSTOMER-dnnzkf0i- :

Yes - that's right.

Jo C. :

Thanks. I will have a look at the procedure now.

JACUSTOMER-dnnzkf0i- :

Thank you. I look forward to a glimpse through the gloom. Hopefully with some good news, but that's out of your hands :)

Jo C. :

Thanks.

Jo C. :

I am looking this up.

Expert:  Jo C. replied 3 years ago.
Hi

I've just been trying to trace the law for you.

Surely though you are revoked for medical reasons?

Or is there another reason like failing to renew?