Should I be disclosing my medical condition to the DVLA?
According to Brake, the road safety charity: on average, five people die every day on the road in the UK and 80 are seriously injured (10-year average from 2014-2023).[1]
Furthermore, we continuously hear about road traffic tragedies on the news. Of course there are many causes, but some include people blaming age, disability and a medical condition, which would mean there is a possibility the accident could have been preventable.[2]
The question is, what if any rules are there to ensure safety on the road? Specifically, what are the rules in relation to disclosing a medical condition whether it be permanent or temporary.
When applying for a driving licence, an applicant must disclose any medical condition to the DVLA in order for them to consider whether to grant a licence to the applicant.
Section 92 of the Road Traffic Act 1988 states that:
(1) An application for the grant of a licence must include a declaration by the applicant, in such form as the Secretary of State may require, stating whether he is suffering or has at any time (or, if a period is prescribed for the purposes of this subsection, has during that period) suffered from any relevant disability or any prospective disability.
If after disclosing a medical condition, the DVLA believe the applicant is unfit to drive, they must refuse to grant a licence, as per section 3 below.
(3) If it appears from the applicant’s declaration, or if on inquiry the Secretary of State is satisfied from other information, that the applicant is suffering from a relevant disability, the Secretary of State must, subject to the following provisions of this section, refuse to grant the licence.
When deciding what to disclose to the DVLA, the legislation provides a definition of a relevant disability which will assist the applicant, it is important that any declaration is honest and provides full transparency, as in accordance with section 10 below, it is an offence to make a false declaration to the DVLA.
(10) A person who holds a licence authorising him to drive a motor vehicle of any class and who drives a motor vehicle of that class on a road is guilty of an offence if the declaration included in accordance with subsection (1) above in the application on which the licence was granted was one which he knew to be false.
There are, however, many medical conditions that do not automatically prevent an application from receiving a licence but instead, they may be issued a medical review licence.
As well as pre-existing medical conditions, it is important for existing drivers to note that the responsibility to disclose medical conditions is an ongoing duty. Therefore, it may be the case that you are diagnosed with a new medical condition throughout your life which may be permanent or temporary, but which should be disclosed to the DVLA for them to determine if your licence should be suspended for a period of time, as per section 93.
Section 93 of the Road Traffic Act 1988
(1) If the Secretary of State is at any time satisfied on inquiry—
(a)that a licence holder is suffering from a relevant disability, and
(b)that the Secretary of State would be required by virtue of section 92(3) of this Act to refuse an application for the licence made by him at that time, the Secretary of State may serve notice in writing on the licence holder revoking the licence with effect from such date as may be specified in the notice, not being earlier than the date of service of the notice.
After a disclosure is made to the DVLA regarding a medical condition, whether it be from the driver themself or from another source, the DVLA will need to decide whether to impose a temporary revocation. In doing so, they will look to DVLA guidance which is called: Assessing Fitness to Drive – A Guide for Medical Professionals (DVLA – August 2024). The guidance specifically details for certain medical conditions whether they condition should a) be disclosed to the DVLA and if it is b) the revocation period. The guidance is split into the following medical conditions:
- Neurological disorders
- Cardiovascular disorders
- Diabetes Mellitus
- Psychiatric disorders
- Drug or alcohol misuse or dependence
- Visual disorders
- Renal and respiratory disorders
- Miscellaneous conditions
What do I do if I receive a letter from the DVLA informing me of a medical revocation?
There are two options available to you:
- Representations can be made to the DVLA Driver Medical Team to dispute the revocation in its entirety or to dispute the revocation period.
- An Appeal can be made to the Magistrates’ Court.
Whilst there are two options available the reality is that both of the above processes can be lengthy which may mean that the revocation period has expired before the matter is heard. However, in some circumstances, this may not be the case.
If you are suffering from a medical condition and would like advice on a) whether you should disclose to the DVLA and/or b) if you were to disclose, the likely outcome, please get in touch with our regulatory team at Saunders Law. Alternatively, if you have received a letter from the DVLA informing you that they are revoking your licence, please reach out to our regulatory team to see how we can assist.
[1] https://www.brake.org.uk/get-involved/take-action/mybrake/knowledge-centre/uk-road-safety
[2] https://www.bbc.co.uk/news/articles/c5yllgezjk3o