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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64775
Experience:  Over 5 years in practice.
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not sure what more to add - a bit stunned with the response

Resolved Question:

not sure what more to add - a bit stunned with the response from DVLA as think this will cost me my job. Original renewal application made in November 2012.
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.

Hi

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

In order to give you answer tailored to your circumstances I will need to ask you some preliminary questions so that I can consider your position from all angles.

What response from the DVLA have you had?
Expert:  Jo C. replied 1 year ago.
are you having trouble responding?
Customer: replied 1 year ago.
no - was looking out the paperwork for dates etc. just sent you the response a few minutes before this one.
Have you got it??
Expert:  Jo C. replied 1 year ago.
No! Sorry.

I am sorry for any delay you are experiencing. Unfortunately there are some bugs online and have been for a while. Its not something I have control over because the site is hosted in California and I am in London.
Customer: replied 1 year ago.
For JOMO1972. Hi I'll resent in smaller sections:
Personal about me. I was diagnosed with Glaucomo in October 2005. Notified DVLA and have been on three year C1 and D1 category licences since then. This is the first to be revoked.
Expert:  Jo C. replied 1 year ago.
So, in summary, the DVLA have revoked your licence on medical grounds?
Customer: replied 1 year ago.
For JOMO1972: yes - citing 'visual field standard for Group 2 driving entitlements'.
To the best of my knowledge there is no change in my vision between 2005 and now.
Expert:  Jo C. replied 1 year ago.
And your question is what action can you take?
Customer: replied 1 year ago.
For JOMO1972:
yes - no licence = no job
Expert:  Jo C. replied 1 year ago.

I do completely see why you are concerned about this.

The issue though, I'm afraid, is not whether or not you will be adversely affected by this. Regardless of your employment and the impact it will have, if you present a road safety risk then the DVLA are free to revoke your licence whatever impact it will have. There is no exceptional hardship test as they cannot allow road safety risk.

However, if you are saying that your eye sight does not present a risk to road safety then you can appeal their decision to your local Sheriff's court. It will cost about £185 to issue.

It is important to note though that its one thing to have the right of appeal and another to have a good chance of appeal. Unless you gather evidence supportive of your position then you will be wasting money and time upon an appeal.

If this is a sight issue then you need to find an optician who is going to come to court and say that he has recently examined your sight and there is either no risk to road safety or one that can easily be corrected by the use of spectacles or contacts. If its the latter then your licence will be endorsed with a requirement to wear one or the other whilst driving.

That is not to say that you cannot appeal and win, but you must focus on road safety and not upon exceptional hardship.

Hope this helps. Please let me know if you need more information.
Customer: replied 1 year ago.
For JOMO1972
Hi - fully understand the road safety issues and the need for that safety to be maintained. Will take this forward to an appeal as from the copies of the visual fields tests there has been no change from the original test in 2005 to the last test in 2012. So if I was fit to drive in 2005 and that condition has not changed since that date I do not understand the rationale being revoking in 2013 and not 2005.
Appreciate your advice. Will get onto the collation of yet another set of evidence and medical reports this week and then take this to appeal.
Expert:  Jo C. replied 1 year ago.
Thanks for the response.

Has there been any form of accident since 2005?
Customer: replied 1 year ago.
For JOMO1972
sorry was checking through paperwork.
No accident either through work or personal
In fact about two years ago Police commended my driving and reaction time when a driver pulled out in front of the lorry. Lorry load moved but did not hit the car. Think I still have the mail from them as part of the contents damage report.
Expert:  Jo C. replied 1 year ago.
Its possible they have made a mistake. The DVLA are in general disarray at the moment

In any event, get evidence in rebuttal must in case they have some grounds for this.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64775
Experience: Over 5 years in practice.
Jo C. and other UK Traffic Law Specialists are ready to help you

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