Permanent revocation of licence
Permanent revocation of licence
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Discussion

BliarOut

Original Poster:

72,863 posts

269 months

Tuesday 5th April 2005
quotequote all
Grrrr....

Those nice people at the DVLA have just written to my dad kindly telling him that they are not going to renew his licence

He had a stroke three years ago and suffers some memory loss. He has had tests for Alzheimers, but the results came back negative. He has a discharge letter from the hospital stating this, which he received two days before the letter from the DVLA.

He went for a specialised driving test two years ago off his own back, where they said he still drives to a professional standard.

According to the DVLA bumph, he can appeal to the magistrates court which I will advise him to do, but in the meantime:

How do I find out which information they have based their decision on? It may well be out of date. I'm assuming a DPA request will get it if there are no other procedures.

Does anyone know if it possible to enter an appeals process with them?

Speed is of the essence, as they have effectively confined him to his home until an appeal can be sorted.

I do think he should have to be checked annually TBH, but I don't think the time to quit is with us yet.



Vesuvius996

35,829 posts

301 months

Tuesday 5th April 2005
quotequote all


One word. Cs.

So sorry to hear this.

God that has made me SO angry.



Nanny state. Your Username says it all. Let's get rid of him.

anhamgrimmar

1,025 posts

261 months

Tuesday 5th April 2005
quotequote all
I can't help you out, but i'd be interested to know how
this pans out, because a collegue of mine had an big
smash a couple of years ago. This has slowed his
reactions down. I'm sorry to hear about your father, but my friend needs taking off the road ASAP.

Puggit

49,804 posts

278 months

Tuesday 5th April 2005
quotequote all
This was based on Labour's need to get as many drivers as possible off the roads!

BliarOut

Original Poster:

72,863 posts

269 months

Tuesday 5th April 2005
quotequote all
Thanks guys...

It's frustrating... Having been a very switched on bloke who could handle anything, I now find the role has passed on to myself somewhat.

I need to balance his independance vs his ability in my thinking. It's not just him I have to consider, it's everyone else too. What if I press for him to drive and he wipes someone out because his concentration lapses.

While I like to think he's fit to drive, there may be someone who thinks he isn't and with possible good reasons, I'm not a neurologist after all. It's tricky. He may have problems that I don't notice as I don't see him every day.

His memory did worsen for a time, but it has remained consistent during repeated hospital checks. On balance, I think he has a year or two of driving left in him yet. I was out with him in the car a few weeks ago and he wasn't missing things.

I want to see the information upon which they have based their decision for myself to check it's current and accurate. I've read the DVLA notes, and they refer to the GMC advice to break patient confidentiality if there is a concern. What bothers me though is that every report I am aware of about my father states he's alright with a small degree of cognitive impairment.

If anyone has any more info I would be grateful.

parrot of doom

23,075 posts

264 months

Tuesday 5th April 2005
quotequote all
Am I the only person who thinks that 'Authorities being over-cautious with an elderly driver in possibly a poor physical condition' is a good thing?

He has the right to appeal, which he'll probably win. What's the problem with this? Many people would be the first to scream blue murder at little old Ethel around the corner when she backs into somebody's house.

Dwight VanDriver

6,583 posts

274 months

Wednesday 6th April 2005
quotequote all
P of D. I agree having been through this with an elderly relative who absolutely loved to putter around in his vehicle at 80 plus. Started to shoot level crossing lights (GP so Bench did not see him to disqualify until test passed) then hitting walls.
Long sit down and talking to and he eventually agreed to surrender his licence. Financial aspect of not having to pay tax, Insurance, petrol, serving /repair costs meant he could use Taxi's instead. Had he not so then I would have had no hestiation in reporting the matter to DVLA.

Blair out: two things:

(1) You don't mention his age?

(2) From your posts you seem pretty clued up and just in case you haven't have a look at Sections 92,93,94
Road Traffic Act 1988 (revocation rules) Section 100 (Appeal) and Section 34 Magistrates Court Rules 1981
(Prodecure for Appeal)

What about having a word with his Doctor mainly not on his condition but the criteria he has to use from DLVA
on such matters?

DVD

bluepolarbear

1,666 posts

276 months

Wednesday 6th April 2005
quotequote all
BliarOut said:
I do think he should have to be checked annually TBH, but I don't think the time to quit is with us yet.



I suspect on medical grounds.

I have a heart issue and my first licence was only issued for 3 years. All my medical records were released to the DLVA doctors who decide whether you are fit to drive.

Not a doctor but suspect they feel some kind of re-occurance is possible or impariment had been caused by his condition.

If you are going to challenge you will need your own medical advise to suggest he is safe.

>> Edited by bluepolarbear on Wednesday 6th April 08:03

BliarOut

Original Poster:

72,863 posts

269 months

Wednesday 6th April 2005
quotequote all
Thanks for the advice guys. DVD, you truly are an encyclopaedia!

He has a letter from a consultant neurologist that he does not have Alzheimers (Thank goodness!) but has minor cognitative impairment. I'm not aware of any report from the doctor. From what I have been told his doctor supports his driving although this may not be correct.

He is only 65 at the moment. I believe the stroke was caused by blocked artery, but he's since had a succesful quintuple bypass.

I'm going round tonight to have a look at all the paperwork and see if I can figure out what they have based their decision on.

If not, I think a word with the doctor is in order. He's a good doctor and if he thinks my dad is no longer fit then we'll deal with that when the situation arises.

bluepolarbear

1,666 posts

276 months

Wednesday 6th April 2005
quotequote all
BliarOut said:

If not, I think a word with the doctor is in order. He's a good doctor and if he thinks my dad is no longer fit then we'll deal with that when the situation arises.


My situation was when I was 17 so a good few years ago now but it wasn't the local doctor that makes the decision it is the DVLA doctors. I had to sign forms releasing my medical records to them.

BliarOut

Original Poster:

72,863 posts

269 months

Wednesday 6th April 2005
quotequote all
I think the problem we have is that one older report said he had early Alzheimers, whereas the later one says he definitely doesn't. I suspect they have the out of date information.

All papers downloaded, doctors appointment made for tomorrow and a reapplication ready to be submitted.

We'll see how it goes.

Muncher

12,235 posts

279 months

Wednesday 6th April 2005
quotequote all
You could also appeal by way of judicial review as a last resort.

LongQ

13,864 posts

263 months

Wednesday 6th April 2005
quotequote all
These situations can be very tricky.

A few years ago I was working at a place where one of the guys - a contractor - had a fit one dat - completely out of the blue. Never had one before.

He was off work for some time obviously. Came back about 3 or 4 months later having had his licence withdrawn. He lived some way away - no possible public transport - so paid a retired neighbour to drive him to and from work using his car.

Medication and other treatments went well and after some hassling to speed things along he got his licence back after the formal 12 months revocation - which was about 14 months after the fit as I recall.

Some 2 or 3 weeks later he had another fit ...

I don't know what has happened since. I don't work with them any more. But it does explain how tricky some of these decisions are despite positive medical reports.

This chap was probably only in his early 40's. Quite a lot of adapting required.