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Jo C.
Jo C., Barrister
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Experience:  Over 5 years in practice.
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I recently declared to the DVLA that I am diabetic and on insulin

Resolved Question:

I recently declared to the DVLA that I am diabetic and on insulin and medication and have been since 2010 and have had no experience of hypo/hyper since diagnosis.

I have today received a letter from them saying they have revoked my license from 31/10/2103 (some 7 days after they say my license in revoked) as they have been informed that my eyesight is not up to the required level.

I wear glasses and my eyesight as recommended by my optician 2 years for driving and this has not changed since and in fact my eyesight is better now than before I had laser surgery some 10 + years ago.

I feel this is a mistake on their part or some invalid information supplied but does this really mean I am driving illegally until this has been sorted?
Submitted: 1 year ago.
Category: UK Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 1 year ago.

The problem was in my original post, so why ask?

Expert:  Jo C. replied 1 year ago.
Your post does not contain a question?

I need to know what your question is?
Customer: replied 1 year ago.

pleas read again,


 


I feel this is a mistake on their part or some invalid information supplied but does this really mean I am driving illegally until this has been sorted?

Expert:  Jo C. replied 1 year ago.
I had read that but I had wondered whether that was really all you wanted to know.

The short answer is that of course you are driving illegally. Your licence is revoked. If your licence is revoked you cannot lawfully drive.

Whether or not that decision is one that can be revisited is an entirely different point and not the subject of your question.

However, if you drive in breach of a revocation then that is driving not in accordance with a licence and it will also invalidate your insurance. That will carry probably 6 points and a fine. They can ban you but probably would not on a first occasion.

Can I clarify anything for you?

Jo
Customer: replied 1 year ago.

but if I drive and my eyesight is ok then is that still illegal?

Expert:  Jo C. replied 1 year ago.

Yes, your licence is revoked. The fact that it might be revoked in error is another matter entirely and does not render the revocation void.

Whether or not their grounds for revocation are sound is another matter but until they have reinstated your licence or there is a successful appeal, if you drive then that is driving not in accordance with a licence and without insurance.
Customer: replied 1 year ago.

would they revisit my declaration to check if they are at error or is it now down to me to prove this?


 


Also, if I do drive and I get stopped then what is the chance of me being fined and points if it can be proved my eyesight is ok and the revocation was wrong?


 


 

Expert:  Jo C. replied 1 year ago.
1 Not at the time of stopping. Do you mean the DVLA upon appeal?

2 100%. You will be prosecuted. I suppose there is an outside chance that they would discontinue it on public interest grounds but I wouldn't bet anything valuable upon it I'm afraid. If you are revoked then you are revoked.
Customer: replied 1 year ago.

Yes I meant DVLA but not on appeal but if I phone them tomorrow and ask them where this came from and why they came to this decision just in case they have me mixed up with someone else, will they review?


 


So you recommend that I do not drive until they have re-instated my license?


 


Also have can they say I am revoked in a letter dated 30 Oct 2013 from 31 Oct 2013 and I only get the letter today (07 Nov, some 7 days later)?

Expert:  Jo C. replied 1 year ago.
1 You can call them. If its all a mistake then that might be the resolution. Its best to write to them asking them to review.

If its potentially a mistake then you can formally ask for a review immediately.

If that fails then you can appeal to the Magistrates Court. The cost of that would be about £185 to issue and possibly more in court costs if you lose although a sum in the low hundreds.

2 Yes, do not drive until your licence is reinstated.

3 That is always an arguable point. They used to send letters out recorded delivery but they are just using first class post now and presuming that the date of notification is two days after the posting. Had you been picked up during those seven days then it would have been grossly unfair for you to be prosecuted but they probably would have done. Quite a lot of people are prosecuted when they haven't had notification of the revocation. Sometimes they will discontinue that on public interest grounds. Thankfully though that didn't happen here.
Customer: replied 1 year ago.

So if I get an optician to confirm I am ok to drive with vision correction then they are likely to re-instate my licence?


 


Also, this is highly inconvenient as I have to travel 20 miles to work and I suppose they will argue I should use public transport though?

Expert:  Jo C. replied 1 year ago.
1. Its not that simple but getting a report is the basis of a challenge. The DVLA will dog their heels in sometimes but without a report there is no challenge

2. Thats not a defence I'm afraid.
Customer: replied 1 year ago.

one final question. If I get a report that my eyesight is ok how long roughly should I expect not to be able to drive assuming the DVLA accept this?

Expert:  Jo C. replied 1 year ago.
If they accept it then usually only about three weeks.

If they contest it then it is slower I'm afraid. The DVLA do not move won't lightening speed
Jo C., Barrister
Category: UK Law
Satisfied Customers: 65312
Experience: Over 5 years in practice.
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