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Appealing DVLA decision to revoke licence.

T

twowheeler

Member
Messages
9
Greetings to all. Long-time lurker; first-time poster. Type 1 on insulin for many years. Normal (3 yr) licence reviews.

Driving licence (car and bike) recently revoked as I declared 2 severe hypos within 12 months. No other medical issues.
So far, so clear-cut. However....

I favour appealing the decision as there are mitigating circumstances. These are that both hypos occured while I was asleep
and that both occured during a very stressful time. (My wife had end-stage cancer - the first hypo was at the beginning of
a day when she was hospitalised for complications and the second was about 7 weeks after her death.)

My understanding is that the DVLA's approach is black and white/ no exceptions. There are arguements to be made for both
inflexible and flexible interpretation of the directives they conform to, but this has been well covered in previous posts.

So without cluttering this stream with rants or sympathies (thanks anyway), does anyone have knowledge or experience of a
successful appeal on these grounds ? Thanks, 2W.
 
Although I haven't had to appeal, one of the guys I work with is also diabetic and his license was revoked due to night time hypos. He appealed and was successful, although it did take quite a long time. He had to provide evidence from his doctor and I believe he had to submit his blood sugar readings for a three month period to prove his control was stable enough for the DVLA. He was also told he had to go three months or something like that without a hypo before they would consider giving his license back - very hard if you're a type 1!

Anyway, he managed to get the decision reversed but they would only issue a one year license.

Good luck with it and I hope you're successful!
 
Hi, I wouldnt think that you would have much chance of a successful appeal based on the fact your hypos were at night as that is part of the criteria for withholding a licence, I dont know the reason why but perhaps it has something to do with that in their eyes (the DVLA) it shows bad overall control, as I say I am only surmising here.

As Elc1112 has suggested a sympathetic doctor and a good 30 day/60 day meter average or diary of testing will be a better challenge IMO, perhaps a doctors letter to the effect that your night hypos were caused by your recent bereavement might be of help.

Good luck to you

$id
 
In all honesty, I don't think the DVLA could give two hoots about personal circumstances. In their eyes, a hypo means that you have 'overdosed' on insulin. The fact that you have had two severe hypos could, in ther eyes at least, mean that you have poor hypo awareness. Based on this, you can understand why they feel you should not be driving.

Having said that, I'd you can prove it was a one ff they might consider reinstating you license. If I were you I'd just be prepared for a bit of a fight!

It might be worth talking to your doctor first and asking if they can give you any advice on which route to take.
 
Thankyou all for your replies so far.

There are a lot of posts regarding the DVLA medical reviews since the recent changes to their
guidelines and I think I've sifted through them all. There is scant evidence of successful
appeals and IIRC the successes were down to procedural errors by the DVLA rather than them
reconsidering their assessment of the medical histories.

Thanks for your advice on 'credentialling' my BGC, but I've already done it :thumbup:
The DVLA letter to revoke my licence only asked that I not reapply until there was less than
2 hypos in the previous 12 month period. Obviously the medical questionairre will also need
to be submitted, but there are no other changes. Phoning the DVLA confirmed that no other
conditions needed to be met to re-apply for my licence.

So, has anyone's appeal succeeded due to the hypos occuring when asleep ? Cheers, 2W :)
 
Thanks to Sid and Elc for their help : )
Is there anyone back from holidays who has succeeded with an appeal on the above grounds ?
Thanks, 2W.
 
HI, im afraid i think 1112 has it right....i dont think the DVLA give a stuff about personal circumstances. I had a medical suspension for another issue a couple of years ago and i got a solicitor to help me. It didnt matter that i had the support of my doctors. Once they have suspended you basically you have to go by their rules-and they dont bend them. I live out in a little village and the bus service is very poor, i had to give up my job cos it took me something like 2hours and ALOT of money to get there on the bus, where it took 20min in the car. Some days the travel cost more than i earned. I live alone, but to the DVLA it doesnt matter. Every correspondence to them takes weeks aswell, so after all the bother i went to, it really was not worth it. I can safely say that was the worst year of my life cos just gettin shopping was a problem. I hope your not too affected by the suspension. Good luck with it all, and i will follow this to see what happens.

Lesley
 
It seems we have no legitimate grounds for appeal re: night-time hypos.

DVLA website: " Clarification received from the EU has confirmed DVLA's interpretation
of the new EU Annex that no distinction can be made between episodes of severe
hypoglycaemia either when awake or asleep."

(See advice to medical staff, minutes of the Medical Advisory Panel, Feb 2012
"Medical Standards for Group 1 Drivers" 4.1(i) "Clarification..." )
( Of course this also applies to Group 2 Drivers.)

So don't be upset with the DVLA - their hands are tied.

Thanks to all for your interest and replies. 2W :thumbup:
 
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