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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69783
Experience:  Over 5 years in practice.
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In 2012 my husband was given a yearly driving licence for a

Resolved Question:

In 2012 my husband was given a yearly driving licence for a medical condition. This condition has not changed. At the time his licence was due for renewal in 2013, he had cataracts, which were about to be operated on, which we had to declare on the DVLA form.
So they suspended his licence in October 2013. My husbands eyes have both had their cataracts removed, and he saw his consultant in March 2014 who said his eyesight was excellent. I have e-mailed and written, all we get is replies saying his case will be dealt with in twelve weeks, it is now 9 months. Two weeks ago he had a medical examination requested by the DVLA, and passed. He has so far had 8 eye tests. In reply to an e-mail they sent a standard e-mail reply stating he could drive under section 88 of the Traffic Act,he is able to satisfy all the requirements, except one, which is with support of his GP,who he is seeing on Thursday. I want to know if he will be able to drive after seeing his doctor, even though his licence has not been issued.
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Jo C. replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.

You mean what is the likely decision of the DVLA?
Expert:  Jo C. replied 2 years ago.
Or what are the challenges?
Customer: replied 2 years ago.

Sorry not quite sure what you mean. I want to know if my husband gets the ok from his doctor, can he drive with no licence, even though it has only been suspended,under section 88 of this Traffic law.

Expert:  Jo C. replied 2 years ago.
No, it doesn't work like that.

He will be subject to revocation by the DVLA. Until the DVLA revisit the revocation and say that he is free to drive then he is without a licence and driving would be an offence.

If his doctor confirms that he is OK and safe to drive then that is something the DVLA will consider obviously and may well return to their decision.

However, until they do, he cannot drive.

Driving with no licence is driving otherwise than in accordance with a licence which is an offence.

Sorry if this is bad news

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 69783
Experience: Over 5 years in practice.
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