Licence expired, awaiting DVLA medical decision, can I drive

[cherri]

Re: Licence expired, awaiting DVLA medical decision, can I d

Phone 0300 7906806, I just spoke to an operator who told me i will still be allowed to drive while waiting for their medical results. He said something about section 88 blah...blah... Anyway, i dont have to worry about my licence not being renewed on time

lesley

 

[BaliRob]

Re: Licence expired, awaiting DVLA medical decision, can I d

Dear Lesley,

You would be well advised to ignore that information but to read scoop4's posting of June 4th and mine prior to that. The only exemption regarding driving licences is where A LICENCE HAS IN FACT BEEN ISSUED but not yet in the possession of the holder and, if stopped during the time of non-possession one would have five days within which to produce such licence at a police station, Even if not received by the holder within that time no summons would be issued once the DVLA had replied to police correspondence on the matter.

 

[CarbsRok]

Re: Licence expired, awaiting DVLA medical decision, can I d

Dear Lesley,

You would be well advised to ignore that information but to read scoop4's posting of June 4th and mine prior to that. The only exemption regarding driving licences is where A LICENCE HAS IN FACT BEEN ISSUED but not yet in the possession of the holder and, if stopped during the time of non-possession one would have five days within which to produce such licence at a police station, Even if not received by the holder within that time no summons would be issued once the DVLA had replied to police correspondence on the matter.

Can I drive while my licence
is with DVLA?
You can drive before you receive your replacement
licence back as long as the following apply:
• You have held a GB or Northern Ireland licence
issued since 1 January 1976, or another licence
that can be exchanged for a GB licence. (Please
see leaflet ‘Driving in Great Britain as a visitor or
new resident’ (INF38) for more information).
• You are not disqualified from driving.
• You have not been refused a licence for
medical reasons or for not responding to
medical enquiries.
• You would not be refused a licence for medical
reasons.
• You keep to any special conditions which apply
to the licence.

Taken from leaflet D100
http://www.google.co.uk/url?sa=t&rct=j& ... f-chCA8Nvw

 

[Elc1112]

Re: Licence expired, awaiting DVLA medical decision, can I d

Yes they can. You can drive while you attend waiting as long as you don't have any reason to believe that you will have your license revoked. I'd still call the DVLA to chase them, and to double check!

 

[BaliRob]

Re: Licence expired, awaiting DVLA medical decision, can I d

Again - I respectfully refer you to take note of scoop4's post above. By the way a Licence is not a Licence until it becomes current therefore one cannot be bound by it for good or for bad depending upon one's situation (or wishes)

 

[CarbsRok]

Re: Licence expired, awaiting DVLA medical decision, can I d

Again - I respectfully refer you to take note of scoop4's post above. By the way a Licence is not a Licence until it becomes current therefore one cannot be bound by it for good or for bad depending upon one's situation (or wishes)

Again I respectfully suggest you read what I wrote. It was copied and pasted from the leaflet provided by the DVLA.
If you think DVLA are wrong, then perhaps take it up with them?
I know when my licence renewal forms came through the info above was enclosed.
Scoop4 was probably told not to drive untill he had passed the medical due to doubts as to his fitness to drive.

 

[BaliRob]

Re: Licence expired, awaiting DVLA medical decision, can I d

Please read again the first line of your submission, viz; "Can I drive while my licence is with DVLA?" This must assume that it is a licence within the meaning of the Road Traffic Acts (various) as amended - which means a Licence and that is a current licence. It ceases to be a licence once it has expired. When Lord Kram first posted this question he was obviously asking whether he was legally entitled to drive with an expired licence - the Law clearly says not and you can refer to Archbold, Halsbury's and Stone's Justices' Manual if you do not believe me. It has always has been an offence to drive without a licence since 1930 and an expired licence is not a licence. Except for this year's publication of Stone's which I do not have and which may contradict me - there are no stated cases saving a driver coming before the Judiciary from conviction.The conviction is mandatory IRRESPECTIVE whether the Justices decide to award a conditional discharge. The reason the matter is so important is because some insurance companies insist upon the insured to be holding a valid licence and it is only valid if it is current. There are many stated cases that support me regarding whether an expired licence is a licence and whether an insurance company can avoid their responsibilities in such cases. The "has held" which most insurance companies will accept in the cases of failure to renew by accident is the small print one should always look for or ask about when renewing their policy. I do not know whether the DVLA will back date in some cases but I would think not as they are bound by the Law as well of course. However, one only has to go to court with a current licence to have the matter dismissed. Having been involved in such cases for over 55 years I feel entitled to make these comments - knowing that this would resurrect itself again I have been in touch with UK colleages and silks who, without exception, have supported me.

 

[CarbsRok]

Re: Licence expired, awaiting DVLA medical decision, can I d

Please read again the first line of your submission, viz; "Can I drive while my licence is with DVLA?" This must assume that it is a licence within the meaning of the Road Traffic Acts (various) as amended - which means a Licence and that is a current licence. It ceases to be a licence once it has expired. When Lord Kram first posted this question he was obviously asking whether he was legally entitled to drive with an expired licence - the Law clearly says not and you can refer to Archbold, Halsbury's and Stone's Justices' Manual if you do not believe me. It has always has been an offence to drive without a licence since 1930 and an expired licence is not a licence. Except for this year's publication of Stone's which I do not have and which may contradict me - there are no stated cases saving a driver coming before the Judiciary from conviction.The conviction is mandatory IRRESPECTIVE whether the Justices decide to award a conditional discharge. The reason the matter is so important is because some insurance companies insist upon the insured to be holding a valid licence and it is only valid if it is current. There are many stated cases that support me regarding whether an expired licence is a licence and whether an insurance company can avoid their responsibilities in such cases. The "has held" which most insurance companies will accept in the cases of failure to renew by accident is the small print one should always look for or ask about when renewing their policy. I do not know whether the DVLA will back date in some cases but I would think not as they are bound by the Law as well of course. However, one only has to go to court with a current licence to have the matter dismissed. Having been involved in such cases for over 55 years I feel entitled to make these comments - knowing that this would resurrect itself again I have been in touch with UK colleages and silks who, without exception, have supported me.

Please read again the info provided Rob.
Yes you can drive whilst waiting for the renewall of your licence, as long as there is no medical reason not to.

Obviously if you didn't have a licence in the first place then obviously you can't drive whilst waiting for a new licence to arrive.

 

[jopar]

Re: Licence expired, awaiting DVLA medical decision, can I d

Dear Lesley,

You would be well advised to ignore that information but to read scoop4's posting of June 4th and mine prior to that. The only exemption regarding driving licences is where A LICENCE HAS IN FACT BEEN ISSUED but not yet in the possession of the holder and, if stopped during the time of non-possession one would have five days within which to produce such licence at a police station, Even if not received by the holder within that time no summons would be issued once the DVLA had replied to police correspondence on the matter.

It's actually 7 days to produce, this can be extended with discretion of the issuing officer, could be that you at the beginning of fortnight holiday etc...

The 7 day produce notice is rarely issued now, as long as you've got enough identification on you to proof to the officer, you are who you say you are! Then they can go through the computer systems, check your driving licence, insurance details, tax and even for valid mot!

Me personally I wouldn't drive if there was a gap between it's official expiry date and the official renewing/reissuing of the licence...

Because if you have an accident or stopped by the police, could find yourself on dodgy ground, if the police officer doesn't book you, then you can find that your insurance cover will use it to avoid paying out!

 

[BaliRob]

Re: Licence expired, awaiting DVLA medical decision, can I d

Now you will accuse me of being pedantic but. as the Law sees only in black and white with no shades of grey in between, let us assume that the DVLA takes it upon itself to ALLOW 'this' driver to continue to drive who, within a very short time, commits a moving traffic offence or collapses at the wheel with a hypo and Police require him to produce his documents. We both know what the driver is going to plead - "I am waiting for the DVLA to say it's ok for me to have my licence renewed but I await their decision subject to doctors' reports". In fairness to my case - let us assume that the DVLA finds itself UNABLE to grant a licence to him upon medical grounds.(This, by the way is the purport of the letter sent to scoops4 in case of such decisions) What happens now?? Does he still get a licence covering the day he committed the offence or fell ill?? If so, I would like Act and sub-section allowing this decision. If it is issued, is it for a continuous period from the expiry date of the previous licence up to and including the date of the incident and no later?? Also, what about the period after the problem that the driver continued to drive? Referring to the notice you included in your post which is also available online for anyone researching driving licences it states, "You would not be refused a licence for medical reasons". How can anyone undergoing an examination as to fitness to drive know the outcome especially in the case of Diabetes and comply with this condition? This is why one should only drive with a valid current driving licence notwithstanding that it may be held by the DVLA for review or renewal.

 

[BaliRob]

Re: Licence expired, awaiting DVLA medical decision, can I d

Dear jopar - in a very small nutshell you have agreed with me - thankyou. I am showing my age - it used to be 5 days for production before computers in police vehicles but obviously in some circumstances those checks are not always possible if the officer is compressing a carotid artery at the scene of an accident, etc.

 

[CarbsRok]

Re: Licence expired, awaiting DVLA medical decision, can I d

Rob,
even though the DVLA have issued a booklet D100 which I copied and pasted plus a link for yours and everyone elses benefit, plus DVLA issue letters to drivers to carry re their licence status, you still say they are wrong.

Perhaps you would be good enough to write to the DVLA and tell them they are wrong?
Please do scan and post the reply I like everyone else would love to see their response :lol:

 

[Paul1976]

Re: Licence expired, awaiting DVLA medical decision, can I d

Rob,
even though the DVLA have issued a booklet D100 which I copied and pasted plus a link for yours and everyone elses benefit, plus DVLA issue letters to drivers to carry re their licence status, you still say they are wrong.

Perhaps you would be good enough to write to the DVLA and tell them they are wrong?
Please do scan and post the reply I like everyone else would love to see their response :lol:

I was in the same situation as Lord Kram(The OP) and I was allowed to drive BUT I suppose I must have dreamed it all or I'm just making it up for the crack of it. :roll:

 

[jopar]

Re: Licence expired, awaiting DVLA medical decision, can I d

Dear jopar - in a very small nutshell you have agreed with me - thankyou. I am showing my age - it used to be 5 days for production before computers in police vehicles but obviously in some circumstances those checks are not always possible if the officer is compressing a carotid artery at the scene of an accident, etc.

No it's as far as I know it's always been 7 days..

As back in 1996 (pre-computerised data) I had my car written off by a drunk driver, I personally wasn't involved in the actual accident only my car, a drunk driver turned into the road I was parked in, skimmed the side of a van parked behind me, then hit the back wing of my car, shunting my car into and embedding my bonnet into the boot of my neighbours car, parked in front of me :shock:

The chap legged it, but living in a village we knew exactly who he was, a couple did give chase, but we knew where to send the police when they arrived.. They took our details, and gave me a 7 day produce to take my documentation and make a statement into town's police station.. The chap was that drunk, he was arrested at 9.30pm on Wednesday, and when I went into the police station to show my documents and make my statement, at about 3.30pm on the Friday, the officer dealing with me, said the chap had only just past the breathalyser, so they've only just started to question him :shock:

 

[BaliRob]

Re: Licence expired, awaiting DVLA medical decision, can I d

The original HORT1 (Home Office Road Traffic Form 1) was a notice to produce within 5 days but a bit before your experience - sorry

 

[Terry1]

Re: Licence expired, awaiting DVLA medical decision, can I d

A lot of replies here based on speculation it seems.
I have just phoned the DVLA asking how my renewal is progressing, and told them my concerns that my license had expired on 2nd Dec 2012. I was told that there is provision under the 1988 Road Traffic Act to continue driving until a decision is reached on my fitness to drive, whereby they will inform me of the decision. Meanwhile they have agreed to send me a letter stating so, due to my concerns of dealing with the possibility of an over zealous copper if the situation arose. The Drivers Medical Group are really behind in dealing with these renewals. Mine has been ongoing since early September 2012, and still has an estimated 8 weeks to go apparently.
Whilst I understand why the system is in place, it seems severely lacking in efficiency (in my case anyway), which I have found very frustrating indeed.

Regards, Terry

 

[hanadr]

Re: Licence expired, awaiting DVLA medical decision, can I d

T1 husband applied for his new license and the previous one expired before the verdict from DVLA came in. He was told he could drive whilst waiting. I suspect, because he actually applied before the "Expiry date". Anyway He's got a new license, but not able to drive because he has a foot in plaster.
Ironic or what?
Hana

 

[Osidge]

Re: Licence expired, awaiting DVLA medical decision, can I d

Thanks for posting this information, Terry. The situation is what a number of people said it was and not as Rob maintained. The DVLA stance seems eminently sensible.

Doug

 

[Terry1]

Re: Licence expired, awaiting DVLA medical decision, can I d

Update.. I received the letter today and will quote..

In reply to your recent enquiry, I confirm that you have made an application for a driving license.

"The law allows you to drive while your application is being dealt with, provided that:-

your application is valid and was made less than a year ago...
your driving entitlement is not currently revoked or refused...
you would not be refused a license for medical reasons (until DVLA have completed their enquiries you should check with your doctor or specialist)...
you have held a driving license before...
you are not disqualified by a court...
you drive under the condition of the driving license applied for, such as those applicable to provisional licenses...

If you choose to drive before a licensing decision is made, and are asked by the police to produce your driving license, you may show this letter.

Maybe DVLA should send one of these letters, as a matter of course, to ALL who are reapplying for a license, bearing in mind that they are indeed 'bogged under' with applications... to allay all this internet ambiguity.:roll:

HTH, Terry