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DVLA and Medical Revocation Appeals

The onus is placed on drivers to make sure that they notify the DVLA of any reportable medical condition affecting their ability to drive. Failing to do so could be considered a criminal offence and your licence may be subsequently revoked. Where this is the case, a DVLA and medical revocation appeal can be lodged.

If the DVLA at any stage receives information about any health issue, potentially affecting your ability to drive safely, then they can conduct an assessment of your fitness to drive. This often also gives them the right to seeking medical records from your GP in furtherance of trying to clarify whether any potential issue arises.

Revocation can be on a short or long-term basis and may be based on matters that potentially should not be taken into account. Quite often, the DVLA can intervene in circumstances where there may have been a criminal prosecution, but for the absence of enough evidence to pass the charging standards or burden of proof to the required criminal standard.

Typically, people take the view that there is no recourse to address that decision by the regulator (in this case the DVLA). Fortunately, there is, although there are procedures that need to be followed in order to try and return the driving licence of the individual.

Our solicitors have substantial experience and expertise with these matters and are well placed to help you make a medical revocation appeal to the DVLA.

There are a variety of ways in which our solicitors can assist you, from merely writing letters of representation to formally challenging the decision in Court at the Magistrates’ Court on your behalf.

Get in touch with our medical revocation appeals solicitors

If you need legal support with DVLA and medical revocation appeals, contact our expert solicitors in London today to set up your free 10-minute initial consultation. Call 020 8309 5010 | Ask us a Question | Email us

Navigating this page

When can the DVLA revoke my licence?
Who informs the DVLA about my fitness to drive?
What will the DVLA do before revoking a license?
Can I appeal if the DVLA won't allow me to drive?
What are my options if the DVLA revokes my driver’s licence?

When can the DVLA revoke my licence?

A license can be revoked after the medical advisors at the DVLA determine that the license holder is no longer fit to drive due to a specific matter that is likely to cause a danger to the public.

A license could be revoked by the DVLA for a number of reasons. These include where:

The license holder informs the DVLA of a condition that is likely to seriously affect their driving, either in the short- or long-term.
The police raise concerns about a license holder following an accident.
The license holder has been convicted of a drink or drug related offence.
A doctor contacts the DVLA to declare that a license holder is not fit to drive due to a diagnosis.

Who informs the DVLA about my fitness to drive?

Every driver in the UK has a duty to inform the DVLA if they have a medical condition which may affect their driving and, consequently, may put themselves and other road users in danger. An individual’s GP should also advise if someone needs to report a medical condition.

However, there are certain situations where a GP can report someone’s medical condition to the DVLA. They do not need the permission of the individual in question to do this. They have a duty to disclose any medical condition which they believe will hinder their patient’s ability to drive safely.

What will the DVLA do before revoking a license?

The DVLA are required to conduct a thorough investigation of your fitness to drive before they make a decision on whether a driving license should be revoked on medical grounds. This will typically involve the DVLA contacting your GP, or any other medical professionals involved in your care. They may also consult an independent GP to consider the evidence.

While this investigation is ongoing, you will have the legal entitlement to continue driving under Section 88 of the Road Traffic Act 1988. However, if your license has been previously revoked on medical grounds, you cannot rely on this legislation.

If, following this investigation, the DVLA believe that you are a risk to other road users, they will decide that your driving license to be revoked on medical grounds. From this point onwards, you will no longer be allowed to drive.

Can I appeal if the DVLA won't allow me to drive?

DVLA and medical revocation appeals are possible. If you believe that your license has been incorrectly or unfairly revoked, you can submit an appeal. This appeal needs to provide proof that you do meet the required standards for driving.

If an appeal is successful and the DVLA reconsiders their position, you will get your license back and you will be allowed to return to the road.

What are my options if the DVLA revokes my driver’s licence?

There are typically two options for an appeal on a license that is revoked for medical reasons. These are to appeal directly to the DVLA or, if this is unsuccessful, to make an appeal to the Magistrates’ Court.

If both the DVLA and the Magistrates’ Court uphold the revocation of the license on medical grounds, no further appeals can be made.

How our solicitors can help

Making an appeal to the DVLA

Our solicitors can work alongside you, making a written representation to the DVLA on your behalf to ask for them to reconsider their decision to revoke your license on medical grounds. Prior to this, we can carefully review your situation and advise on whether you are likely to have sufficient grounds to make a valid appeal. From here, we can collate various pieces of evidence and supporting documents, providing the necessary information for the medical panel at the DVLA to consider the request.

Where this is successful, you will then be able to re-apply for your license and resume driving once this application has been processed.

Appealing to the Magistrates’ Court

Where the DVLA are not prepared to allow your appeal following a written representation, we can put forward an appeal to the Magistrates’ Court.

The Court will list your case for a hearing, where the DVLA’s evidence and any evidence you wish to put forward is heard. Our solicitors can work with you to ensure that you are well prepared for a Magistrates’ Court case and are well versed in the evidence that will be put forward to appeal the decision to have your license revoked.

Given that there are very strict time limits when it comes to making an appeal to the Magistrates’, we would strongly encourage you to speak to one of our experts as soon as possible. This is so that there will be enough time to make a Magistrates’ Court appeal if a written representation to the DVLA is unsuccessful in the first instance.