Unknown driving licence renewal law catching motorists out

Richard Aucock, Contributor
Wed, 12 Mar 2025

Drivers are reportedly being caught out by an unknown rule around driving licence renewals – leading to fines, penalty points or even a complete driving ban.

Section 88 of the Road Traffic Act 1988 dictates whether drivers are legally allowed to be on the road while waiting for a driving licence renewal.

While most assume they can continue driving if they have applied for a renewal, the reality is more complicated, according to Number 1 Plates.

If a driver fails to meet certain conditions – such as ensuring they have no medical conditions that could impact their ability to drive – their licence could be invalid.

Crucially, this is the case even if they have not yet received an official revocation notice from the DVLA.

Drivers aged over 70, or those with medical conditions requiring periodic assessments, are particularly at risk.

DVLA data shows that more than 1.2 million driving licences are revoked or refused each year – and medical conditions are a major cause.

Conditions such as diabetes, sleep apnoea or heart conditions can all impact someone’s ability to drive under Section 88.

Those who fail to notify the DVLA of any relevant medical conditions could be breaking the law.

The experts add that the DVLA’s reliance on postal communication means lots of motorists may be unaware their licence is no longer valid.

"Unlike a traditional speeding ticket, where drivers are explicitly informed of their offence, the consequences of this little-known rule often come as a shock when they are pulled over or involved in an accident," says Number 1 Plates.

Sensible steps to help avoid getting caught out include checking your driving licence expiry date, confirming your eligibility under Section 88, promptly disclosing any medical conditions and keeping a copy of your renewal application – this will prove your compliance if questioned.

"While the law may not always be widely publicised, ignorance is no defence in the eyes of the courts."

Ask HJ

Can someone re-apply for a driving licence if they suffer from memory loss?

My 91 year old sister in laws driving licence (manual/car) expired at the end of September last year. She unfortunately overlooked re applying, but even so she would like it renewed 'just in case' she has the need! She is prepared to have an eye test as it is more than 2 years since this has been done. What concerns me is that she has some (undiagnosed) short term memory loss. What is the likelihood of her being successful with an application and what are the likely obstacles?

You can renew a driving licence if you are over 70 via the DVLA here - https://www.gov.uk/renew-driving-licence-at-70 - but you also must declare any health conditions that will affect your driving, there is a list of relevant health conditions here - https://www.gov.uk/renew-driving-licence-at-70. It is an offence to not to declare any health conditions that may affect your driving which can result in a fine of up to £1000.

Answered by David Ross

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