|
Someone out there must have suffered the same as me. I served a year ban for driving (which I deserved!) DVLA have done medical checks and revoked my licence, stating verbally on the phone because my gp says so!! My gp has concluded because I have discussed my drinking habits with him that I have a problem. No blood tests, no discussion with me before his secretary filled in the form for DVLA and he signed it. They can't even find a copy so I have had to apply for it under the data protection act from the DVLA. In the meantime I had a bought a car as my consultant had told DVLA I could drive (he bothered to discuss it with me and send me a copy of his report.) I can get no help from anywhere, solicitors don't know what to do, I have "offered" myself for a medical with DVLA, but they are having none of it. Does anyone out there know what else I can do? Surely they cannot revoke my licence without proven medical evidence of "dependency or persistent misuse" surely a lot of people go out and have a few too may, but do they get their licences revoked? I think not. Apparently they cannot tell me which one I have been judged as being, but from now I am not allowed to drink alcohol for one year and then they will consider if I can have my licence back! So how do I prove that then! Couldn't they have told me this a year ago!! Any advice would be much appreciated I can't seem to find a website anywhere dedicated to moaning about the DVLA!!!!!!
|
Sorry but I am not prepared to comment on your message as using BLOCK CAPITALS is not so easy to read as upper and lower case, besides it is also considered as SHOUTING to other users of the Internet. (Rant over).
{Shouting has now been amended. DD}
|
OK, the DVLA medical rules are here www.dvla.gov.uk/at_a_glance/ch5_drugandalcohol.htm and the customer service standards are here
Your post suggests you recognise you have a drink problem and are seeing both your GP and a consultant about this. Bear in mind that nobody is entitled to a license, you must satisfy the relevant authorities that you are medically fit to hold one.
Somewhere else on the DVLA site you will find the rules for appeal against suspension/revocation; Mags or Crown Court I think.
|
|
Sorry, hit post too soon. DVLA customer standards for medical branch are at www.dvla.gov.uk/drivers/dm_customer_guide.htm
|
"So how do I prove that then!"
You can prove this with regular Liver Function Tests (LFTs) - using a blood sample - probation service use this to trace breaches of bail conditions within their hostels. Apparantly through a LFT you trace spikes in certain enzymes (the ones that break down alcohol) for up to week after consumption.
You seem to have more of a reason to "shout" at your G.P. than at the DVLA, they've done a risk assesment and have erred on the side of Caaution in not allowing you to get yor licence back. I would find a specialist Solicitor to help you.
|
I had a pupil a few years back who had served a one year DD ban and he had to have several consultations with a DVLA nominated doctor or some such before being approved for a licence again.
I think the DVLA attitude is that drink driving is a premeditated offence as opposed to a moments carelessness, and they need to make sure you are unlikely to re-offend before they allow you back on the road again.
|
|
|
|
Firstly you are in this boat because you are a high risk offender.
That is: its your second DD in 10 years, or you were nicked with a very high blood alchohol level, or you refused a test.
Scondly dont blame the DVLA your GP is to blame. Perhaps blame is the wrong word, perhaps he is doing his job.
|
Exactly.
Look at it this way, if your GP recommended your licence be given back and you got wasted, went out and mowed down a queue of children, could you see him staying in his job?
Not having a go, just being objective.
--
Adam
|
As Renault says the blood/alcohol content must have been a high reading - above 200mg in 100ml of blood- so therefore they deem a risk hence revocation of the Licence by DVLA. (Reg 74 MV Driving Licence Regs.)
Interesting one of the prescribed disabilties under MV Driving Licence Regs is "persistent misuuse of drugs or alcohol whether or not such misuse accounts to dependency." I would presume it is because of the first reason mentioned above. (Makes mental note to watch personal intake of Goats do Roam).
As I understand it having revoked the licence then DVLA should have invoked a procedure for medical examination (S 94(5) Road Traffic act 1988)and dependent on that whether or not the Licence is returned.
S 100 RTA 88 does give an aggrieved person the right of appeal to a Magistrates Court regarding the revocation.
If it is felt you are in a limbo regarding the Licence then it might be prudent to have a word with a Solicitor well experienced in Traffic matters.
DVD
|
|
|
|
