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I have had my Car and HGV licences revoked due to the results

 
Jomo1972's Avatar
  • Answered by:Jomo1972
  • Barrister
  • Positive Feedback: 95.6 %
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in UK Traffic Law

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Customer Question

I have had my Car and HGV licences revoked due to the results of a sleep study back in 2005 yes 7 years ago, this only came to light after i had my medical for my hgv renewal in Feb of 2012

I have only recently recieved the notification of the revoking of my car and hgv licence but there is no mention of my motorcycle licence

The sleep disorder is that on occassions i wake during the night due to loud snoring caused through the closure of my wind pipe. this is on rare occassions.

the reason for the revoking states that i have a disorder which causes sleepiness during the day ( i do not have this at all)

I have also been refered again to the hospital due to there now being a lost file at the doctors regarding the results in 2005 which had never been communicated to me although my own gp has a copy of a letter on file recieved from the hospital.

I have now had the new sleep study but have to wait until uly 24th for the results,

my question is can i still ride my motor cycle ??

Submitted: 311 days and 16 hours ago.
Category: UK Traffic Law
Value: £43
Status: CLOSED
Picture
Expert:  Jomo1972 replied 311 days and 16 hours ago.

Hi

Thank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.

Have you asked the DVLA if you are still able to drive the motorcycle?

Customer replied 311 days and 15 hours ago.

no i havnt to be honest as i did not recive any notification regarding my bike licence i assumed i was still ok to ride but not to drive a car or hgv

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Expert:  Jomo1972 replied 311 days and 15 hours ago.

Ok.

How did this come to the attention of the DVLA?

Customer replied 311 days and 15 hours ago.

DVLA had been informed on my medical report completed by my GP and then sent in by myself which formed part of the appliction in the renewal of my HGV licence which had been due to my 55th birthday.


 


They had not been informed of this prior to this medical, i had not been informed of this prior to the medical


 


The diagnosis had been made in 2005

Picture
Expert:  Jomo1972 replied 311 days and 15 hours ago.

Ok.

What did the DVLA send you? Usually they send you written notification and usually its pretty clear what you can or cannot drive?

Customer replied 311 days and 15 hours ago.

2 notifications


1 for HGV


1 for Car Licence


i can send these if you wish

Picture
Expert:  Jomo1972 replied 311 days and 15 hours ago.

Can you scan and paste them into a post?

Customer replied 311 days and 14 hours ago.


A




Driver and Vehicle Licensing Agency

Drivers Medical Group


Swansea SA99 lDF


Phone: 0300(NNN) NNN-NNNNFax: XXXXXXXXXXX /p>

Email:






XXXXX@XXXXXX.XXX





Website:





www.direct.gov.uk/driverhealth





Mr Stanley David Ball



151 Calvers



Halton Brow



RUNCORN



WA72EW




Driver No: BALL9501067SD9PF




12547



"11111111111111111111 h 111'1



1111 h,11 OUf

Reference: M22634886/Tm62vpot

Dale: 07 June 2012





_-:~ __ ..__;:~_:._. _.J ~. _ ~..,



k ~ __ •

--::::=




---



>wI!



'



'" "Uz II ~u~ sse *

~~)(




VV"I.., ...



...

_-




• Dear Mr Ball,


We have received information about your fitness to drive and we recommend that you should not



drive.



This means



that

we must refuse your application for a lorry/bus driving licence and we will revoke

your car driving licence on 12 June 2012. Please return your driving licence (both the phorocard


and paper counterpart if you have a photocard licence) to the address above. If you have already



returned your driving licence you do




not need to take

any further action.

We enclose an information letter that explains in more detail the reason for your application and


driving licence being revoked/refused.



If you




object 10 this decision you may be able to appeal to your local Magistrates' Court within

6




months if you live in England or Wales or



10

your local Sheriff Court within 21 days of the dale of

this notice if you live in Scotland.





It"



you decide [0 appeal you must first tell us

The




!..11V: Section JCC ottb« Rood Trsttic Act 1988. Ru/~ 2.6 (1)

ot the Act uf Sakrun: (Summery Applicuion, S{;Jrufl)fy Applir.:;Jfions



IN



Appeats etc Rules) /999. Section 9'10'-/« Rood Trsttic ACf /988. Section

93(1) of the ROJd TrstticAct 1988




in writing that you are going to do so. You may wish

to seek independent legal advice.



Letter 2




Dear Mr Ball,


With this letter is a formal notification advising you that your (Group 2) Lorry or Bus


driving licence has been revoked or an application for such an entitlement has been refused.


This



leuer is to

explain the medical reason for the decision.




(!)




Our enquiries have confirmed that you are suffering from a medical condition, which




currently



is causing excessive daytime sleepiness. It is likely therefore, that you would be

a

source of danger were you to drive. Once the condition is controlled




satisfactorily

and your

doctors can confirm this, you may re-apply.





If



you wish to discuss this matter with your GP you will

need to take this letter to show

him/her as your doctor may not have been informed of this decision.


• When you are eligible to re-apply. you should complete an application form D2. This is


available from DVLA Local Offices or DVLA Swansea. You will also need to fill in an


appropriate medical questionnaire, which can be downloaded from





www.direct.gov.co.uk/driverhealth



r-



Alternatively, if you want us to send you the forms, including the appropriate medical


questionnaire, please telephone 0300(NNN) NNN-NNNN You can re-apply up



to

8 weeks in advance

of your likely




re-qualification date to enable up to date medical enquiries to

start. However,

we will be unable to indicate when a re-licensing decision will be made as this will depend


on the medical information DVLA needs to obtain and consider.


Please note: you should not re-apply if you have any other medical condition that


would




bar

you from bus or lorry driving. After re-applying you will not have entitlement

to drive your bus or lorry until a final decision




is

made about the re-issue of this licence.




If


your General Practitioner or Specialist can provide any additional information about your

condition that shows, in their view, that you can meet the required medical standards,


please forward the information



to

me as soon as possible.



Letter 3









Dear Mr Ball,



--'->-:'---~ .~ ... - ----_ - --~ - -. -._ ...... __

~




With this



letter. you will find a formal notification advising you that your

'ordinatyfuI.fle




diliing1llcenceJhas been refused/revoked. This letter is to explain the medical reason for


the decision.



cD




It is clear from information received that ,¥ouIha\letatconditioacausingIalliabilitYIt~

tinapru.oDIiateidrowsines.3Whichlis!not~~QOtrolledlli!1p_r.esent9 The Secretary of State's Panel


of Specialists advice that driving ceases until




control.

is established. You may re-apply once

this has been achieved.





If



you wish to discuss this matter with your GP you will need to take this letter to show

him/her as your doctor may not have been informed of this decision.




i



.

:;.




When you are eligible to re-apply, you should complete an application form D I. This is


available from most main Post Office~ branches. You will also need to complete an


appropriate medical questionnaire, which can be downloaded from



www.direct.gov.co.ukldriverhealth.





Alternatively, if you want us to

send you the forms,

including the appropriate medical questionnaire, please telephone 0300(NNN) NNN-NNNN You can


re-apply up




to

8 weeks in advance of your likely re-qualification date to enable up to date

medical enquiries to start. However, we will be unable to indicate when are-licensing


decision will be made as this will depend on the medical information DVLA needs to obtain


and consider .





Please note: you should not re-apply if you have any other medical condition that


would bar you from driving a car.


After re-applying you will not have entitlemenr (0

drive your car



until

a final decision is made about the re-issue of this licence.

If your General Practitioner or Specialist can provide any additional information about your


condition that shows, in their view. that you can meet the required medical standards,


please forward the information to me as soon as possible .




Accepted Answer

Picture
Expert:  Jomo1972 replied 311 days and 14 hours ago.

I see what they've done but its not good news.

I am sorry but they have revoked your car licence and refused your HGV licence.

I'm really sorry but that would cover your bike licence as well although I have to say that I do think they should have made it clearer. Generally speaking if there are road safety issues then they will revoke all entitlements but I quite see why you found that ambiguous.

You can appeal to the Magistrates Court though if you disagree with a decision of the DVLA and if this is a baseless decision then you should do so.

Sorry thats probably not the answer you wanted but it is the position that you have and I have a duty to give you truthful and accurate information even though its not what I want to say.

Please rate my answer with OK SERVICE or more and then I will continue for free.

Expert TypeBarrister
Category: UK Traffic Law
Pos. Feedback: 95.6 %
Accepts: 2755
Answered: 7/2/2012

Experience: Bar Exams, over 5 years in practice

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