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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70406
Experience:  Over 5 years in practice
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I have applied for my licence to be renewed as I am 70. I

Customer Question

I have applied for my licence to be renewed as I am 70. I have the C1 entitlement. I have been under a cardiologist since 2012. I have apical hypertrophic cardiomyopathy. I have no obstruction or symptoms. An arrhythmia was picked up on a monitor last year (feb 2015) of which I was totally aware. The cardiologist said it was non sustained ventricular tachycardia but decided I did not need an ICD. They did not call me this year for my check up and I assumed it was because my condition had not changed since 2012. However I did go into A&E for a check up on 1st July this year because my heart was irregular. This cleared as soon as I got into hospital. I had a 24 hour monitor. I have not been notified of any results and have been waiting for my licence to be renewed. Today I receive a letter from the DVLA advising I should withdraw my driving licence application. Can they do this on the say so of the cardiologist without me seeing him or knowing what I might be stopped for. I really need to know if it's the whole licence or just the C1 bit.
Submitted: 12 months ago.
Category: Law
Customer: replied 12 months ago.
Should read totally unaware on line 6
Customer: replied 11 months ago.
I do not appear to have received an answer
Expert:  Jo C. replied 11 months ago.

Sorry for the delay. How can I help with this please?

Customer: replied 11 months ago.
I am in the UK and I have received a letter from the DVLA that due to my medical condition (see above) they suggest that I cancel my application for renewal of my licence. Basically I was trying to find out if the above arrhythmia of which I have no symptoms of fainting, feeling giddy or anything is enough for them to refuse it. I have read the conditions on their website and it would appear that asymptomatic conditions of arrhythmia are not a bar to a normal driving licence. I am planning to appeal as I can't be without a driving licence but wanted to know what sort of grounds I had for this action
Expert:  Jo C. replied 11 months ago.

Are you going to be able to find a doctor who will say that your condition does not create a road traffic risk?

Customer: replied 11 months ago.
Would that be my best way forward. The DVLA have written to my cardiologist and as a result they have advised me to cancel my application. I don't know the reasons he gave. I'm going to ring DVLA in the morning but I am so surprised because I've never been told not to drive or that I pose a risk
Expert:  Jo C. replied 11 months ago.

You can always ask the DVLA to reconsider.

However, if they refuse you do have an automatic right to appeal to the magistrates court of any decision of the DVLA.

The reality though is that unless you are going to be able to call medical evidence to the effect that you will not present a risk to road safety if allowed to drive then it would be a waste of time.

Expert:  Jo C. replied 11 months ago.

On your primary point though, they can revoke on the merest suspicion and they probably will.

Can I clarify anything for you?

Jo

Customer: replied 11 months ago.
I suppose I need to speak to my cardiologist and find out exactly what he has said and ask if it's possible have any treatment that would satisfy the DVLA
Expert:  Jo C. replied 11 months ago.

I would try asking them to reconsider first. That is free and does sometimes work.

If that fails then look at appeals.

Customer: replied 11 months ago.
Thank you. I rang DVLA this morning. Apparently my cardiologist would not complete their form because he wanted to wait and see if I had another episode. I went into A&E on 1st July because my heart was irregular but it went back to normal almost as soon as I got there. It was a very hot day and I had been doung work in the garden and felt I ought to get it checked out. I explained all this to the DVLA and that I wasn't dizzy or faint or anthing. I have had no results or follow up or been told not to drive so they said they would send my licence application over to the usual department and I agreed to cancel the C1 bit until they had heard from my cardiologist. At least I'll get my driving licence and can apply later for the C1. I'm hoping this will work out OK and they can issue it.
Expert:  Jo C. replied 11 months ago.

Always worth trying first.

Please remember to rate my answer.

Jo C. and other Law Specialists are ready to help you
Customer: replied 11 months ago.
Hi, sorry I'm contacting you again. I've just heard from the DVLA that they still want a medical report in respect of my ordinary driving licence. You were right that they act on the merest suspicion. They have written back to my cardiologist. Do you think it would be an idea for me to contact him or should I just wait to see what happens. I sort of feel that I need to prevent them stopping me rather than trying to fight an appeal.
Expert:  Jo C. replied 11 months ago.

Wait to see what happens.

There is nothing contacting him would achieve.

Customer: replied 11 months ago.
Thank you
Expert:  Jo C. replied 11 months ago.

No problem.

All the best.

Customer: replied 11 months ago.
Hi, I just thought you might like an update. I've rung the DVLA and my consultant has still not sent in the questionnaire. I have previously rung the consultant's secretary who confirmed he has the form and will complete at some stage. Neither myself or my doctor have any record of the results although my doctor's receptionist has confirmed they have my discharge sheet from the hospital on 1st July. I have now made an appointment with my doctor (can't see her until 24th) to find out more. The pressure is really getting to me now. Best regards, ***** *****