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Appealing the Revocation of Driving Licences
The Driving and Vehicle Licensing Agency (DVLA) have the authority to revoke your driving licence if you no longer meet their licensing criteria. This can prove incredibly disruptive, particularly where you rely on your licence for work, or to support your family and loved ones.
Here, we discuss why the DVLA would revoke your licence, on what grounds you appeal this decision, the process for putting forward an appeal, and how our expert motoring law solicitors can support you.
Why would the DVLA revoke my licence?
The DVLA has the authority to revoke a driving licence for a wide range of reasons. This includes where you are convicted of a criminal offence, are considered a threat to public safety, or if it is in the public interest to do so.
A driving licence can also be revoked if the medical advisors at the DVLA determine that the holder is no longer fit to drive. For example, this can include situations where:
- The licence holder self-reports to the DVLA a medical condition that will affect their driving
- The police raise concerns about the licence holder (typically following an accident)
- The licence holder is convicted of a drink or drug offence
- A doctor, or qualified third party, contacts to the DVLA to declare a licence holder is not fit to drive
Who reports my fitness to drive to the DVLA?
Every licence holder in the UK has an obligation to inform the DVLA if they have a medical condition which is likely to affect their driving and, by extension, would put them and other road users in danger. It is also the responsibility of an individual’s GP to advise them if it is necessary to report a medical condition.
It is also important to be aware that a GP can file a medical report to the DVLA without needing to request permission. They are duty bound to disclose any medical condition which they believe will have an impact on their patient’s ability to drive safely.
What is the process for revoking a driving licence?
If the DVLA intend to revoke your driving licence, they are required to write to you, stating what they intend to do and why.
If the licence is being revoked on medical grounds, the DVLA is also required to conduct a detailed investigation into your fitness to drive. Typically, this will involve contacting your GP or other medical professionals. They may also consult an independent GP who is not involved in your care.
While a medical investigation is ongoing, you will still be legally entitled to continue driving. This is in accordance with Section 88 of the Road Traffic Act 1988. However, if you have previously had your licence revoked on medical grounds, you will not be able to rely on this legislation.
When can I appeal a driving licence revocation?
If you believe that your licence has been revoked unfairly, or the reasons provided are not accurate, it may be possible to submit an appeal. This appeal needs to provide proof that you meet the required standards for driving and that the initial decision was not accurate.
How do you appeal a driving licence revocation?
Typically, there are two ways to appeal the decision to revoke a driving licence. You can start by making a direct appeal to the DVLA or, if this is unsuccessful, you can make a direct appeal to the Magistrates’ Court.
Unfortunately, if both the DVLA and the Magistrates uphold the initial decision to revoke the driving licence, no further appeals can be made.
How our motoring solicitors can help
At Renshaw Derrick, our motoring law solicitors have substantial expertise in supporting individuals in making driving licence revocation appeals. As such, we will be on hand to support you through the process, including:
Making an appeal to the DVLA
We can work alongside you to help make a written representation to the DVLA to appeal the decision to revoke your licence. Collating as much evidence and supporting information about your situation as possible, we can provide you with the best possible chance of having the decision overturned.
Making an appeal to the Magistrates’ Court
If an appeal to the DVLA is unsuccessful, and there are clearly sufficient grounds to take the case forward, we can ensure that you are well prepared for a subsequent Magistrates’ Court case.
Speaking to one of our solicitors about your intention to appeal a driving licence revocation as soon as possible is very important, as this will allow you sufficient time to make a written representation to the DVLA and to progress to the Magistrates within the relevant time limits.