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Jo C.
Jo C., Barrister
Category: Traffic Law
Satisfied Customers: 70528
Experience:  Over 5 years in practice.
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I have a (exceptionally minor) heart defect from birth. I

Customer Question

Hi,
I have a (exceptionally minor) heart defect from birth. I have not previously reported this to DVLA on the understanding that I do not need to; it does not impact driving; no medication, completely asymptomatic, and when I applied for my UK license in 2005, there was nothing to indicate it needed notifying, and my cardiologist, when asked, said I would be fine to drive. However I have seen today on the gov.uk site an entry for "Congenital heart disease", which they define as "any heart condition from birth" should be notified.
So do I need to notify? From their website's definition I believe I do, however I am concerned what impact this may have; can they fine me or worse for this, considering I've driven for the last 10 years without knowing I needed to notify? I am very happy to notify them as I have no doubt it would not hinder me from driving itself, and wish I'd known they wanted notifying in the first place, however what their reaction would be to notifying now is my co
Submitted: 1 year ago.
Category: Traffic Law
Expert:  Jo C. replied 1 year ago.

How can I help with this please?

Customer: replied 1 year ago.
I would like to know if there is likely any legal action they could take, fines or points they could endorse on me for only notifying now rather than when I originally applied for my driving license. I realise ignorance of the law is not a defense but I would have notified had I originally thought I should.
Expert:  Jo C. replied 1 year ago.

There are offences in failing to notify them of a condition but they won't prosecute them if you do notify. It would be contrary to public interest as it would just encourage people to fail to declare unless they had declared immediately. Even the DVLA would not be that stupid!!

As long as you tell them they will not act against you.

It will only be an issue if you do fail to notify and they catch you.

Can I clarify anything for you?

Jo

Customer: replied 1 year ago.
Hi Jo thanks that's really helpful and puts my mind at ease; one more thing, do you have any idea what the chances are they would require me to temporarily stop driving if they felt they needed to investigate/wait for my medical records, based on zero symptoms, zero lifestyle impact and zero points/at fault accidents in all the time I've driven? I have heard horror stories of DVLA revoking licenses whilst they perform medical checks etc and it taking several months. Should I buy a bike now?! My GP would surely approve!
Expert:  Jo C. replied 1 year ago.

Sorry for the delay. It is possible they could do that while they investigate. They do generally err on the side of caution I'm afraid.

They will not prosecute you though.

Jo C. and other Traffic Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks Jo that's great. I've marked the answer complete for you. By prosecute I assume that includes no fine either.
Expert:  Jo C. replied 1 year ago.

No. It is just not in the public interest.

All the best.