DVLA Driving Licence Appeals
Our abilities to drive safely must be intact. If the DVLA (Driver and Vehicle Licensing Agency) decides to revoke your licence, it can be incredibly disruptive. As per the Road Traffic Act 1988, the DVLA can revoke an individual’s driving licence if, at any stage, it receives information about any health issue potentially affecting your ability to drive safely. This usually gives them the right to seek medical records from a person’s GP to clarify if there are any potential problems.
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In What Cases Can the DVLA Revoke a Licence?
A licence could be revoked for various reasons, including:
- When the licence holder informs the DVLA of a condition that may seriously affect their driving in the short term or long term.
- The licence holder has been convicted of a drink or drug-related offence.
- The police raise concerns about a driving licence holder after an accident.
- A GP contacts the DVLA to declare a licence holder is unfit to drive due to a medical diagnosis.
What Does the DVLA Do Prior to Revoking a Licence?
The DVLA is legally required to conduct an investigation of your fitness to drive before making a decision. This involves the DVLA contacting your GP or other medical professionals and may also consult an independent GP.
While the investigation is ongoing, you will be able to continue driving as per Section 88 of the Road Traffic Act 1988. If the DVLA believes you are a risk, they will decide to revoke the licence on medical grounds.
How Can You Get Your Driver's Licence Back?
Revocation of a driver’s licence can be either on a short or long-term basis and could be based on issues that should not be accounted for. In many cases, the DVLA can intervene in circumstances where there has been a criminal prosecution but there was an absence of enough evidence to pass the charging standards. To get your driver’s licence back, you can appeal the decision in two ways:
- You can appeal directly to the DVLA.
- If this is unsuccessful, you can contact your local Magistrates Court within six months of the decision and must provide relevant information that was not included in the original assessment.
If the DVLA and the Magistrates Court uphold the revocation of the licence based on medical grounds, no further appeals can be made. As there is no legal aid for this type of appeal, it is advisable to seek out legal advice.
How Can We Help?
At JD Solicitors, we can make an appeal to the DVLA on your behalf to ask them to reconsider the revocation. This process involves us reviewing the situation and advising you on whether you have sufficient grounds. We can collect various pieces of evidence and supporting documents. If this is successful, you can reapply for your licence.
We can also put forward an appeal to the Magistrates Court, where they will list your case for a hearing. The evidence provided by the DVLA and anything you wish to put forward will be heard, ensuring you can be well-versed in all of the evidence to appeal the decision to have your revocation reversed.
Having your driver’s licence revoked can deprive you of your freedom on the road, and this is where we can give you the support to get you back on the road. Contact our motoring law experts at JD Solicitors:
Birmingham: 0121 674 4100
Willenhall: 01902 632 123
Emergency line: 07971 194 042
