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Revoked License - superk00l

Hi

August of this year i was diagnosed with Sleep Apnea, I was given a CPAP mask to wear every night.

To cut a long story short, I have had difficulty using the CPAP mask and the sleep clinic have been informed of this on every appointment that I have in the last six months.

My last appointment, the sleep technician informed me that I need to contact the DVLA about the Sleep Apnea, which I did, downloaded the SL1 form, filled it in and sent it off.

10 days later i get a letter from the DVLA informing me that my license has been revoked. I rang them up straight away and asked them why and if they have consultant the sleep clinic with their decision.

They had NOT contacted the sleep clinic to obtain any information about my sleep apnea

They based the decision on revoking my license on one question which i did not realise i answered incorrectly.

My question is..

Has anyone else had their license revoked on medical grounds?

How long did it take to get the license reinstated?

Worth going down the legal route to get my license back?

I feel that the sleep clinic have not helped in any way and they were supposed to give me guidance when filling in the SL1 form, all they ever did was to inform me to send it to the DVLA.

Thanks,

Revoked License - RT

AFAIK Sleep Apnea is a common reason for licence revokation - you'll need specialist assistance to fight this - maybe Pepipoo have covered this sort of situation.

Revoked License - Bromptonaut

As others say this needs professional/expert help. What does your consultant say.

Googling revocation of driving licence on medical grounds will give you a number of links to lawyers specialising in this area. I'm not reccomending them but their 'sales pich' tends to include case histories which illustrate the issues arising.

Try to keep your focus on your condition and how you remain a safe driver notwithstanding rather than tangents about lack of giudance etc.

Appeal route is to Mags Ct. Time limit 6 months.

Revoked License - Theophilus

The relevant regulations are set out in the DVLA guidance to Medical Practioners (March 2016) listed under Section 8, Miscellaneous Conditions.

There is detailed specification of the various levels of disability due to obstructive sleep apnoea
(www.gov.uk/guidance/miscellaneous-conditions-asses...e).

In essence you should must not drive with any degree of excessive sleepiness due to sleep apnoea, but ... you only need to notify the DVLA if your hospital assessment has demonstrated moderate or severe apnoea with associated sleepiness. Presumably if your sleep clinic advised you that you should notify the DVLA their assessment showed that you fall into this category.

Restoration of your license is dependent on ¦ control of condition, ¦ sleepiness improved and ¦ treatment adherence.

The DVLA will need medical confirmation of the above, and the driver must confirm review to be undertaken every annually at the minimum.

In other words you will need to convince your hospital consultant that your condition has resolved to a level that is consistent with DVLA standards, and he / she will need to notify the DVLA on your behalf.

Edited by Theophilus on 22/12/2016 at 14:43

Revoked License - skidpan

In other words you will need to convince your hospital consultant that your condition has resolved to a level that is consistent with DVLA standards, and he / she will need to notify the DVLA on your behalf.

Its the Drivers Medical Group at the DVLA who decide if you get to keep your licence and not your consultant. The information provided by your consultant will obviously be used in making that decision but they will only provide the facts requested.

Recently been through the process. Its quick and simple and in my case successful but you need to answer all questions truthfully. They can only make a decision based on the information at hand and if there are any unanswered questions they will always take the safest decision i.e. you don't drive.

Revoked License - Theophilus

In other words you will need to convince your hospital consultant that your condition has resolved to a level that is consistent with DVLA standards, and he / she will need to notify the DVLA on your behalf.

Its the Drivers Medical Group at the DVLA who decide if you get to keep your licence and not your consultant. The information provided by your consultant will obviously be used in making that decision but they will only provide the facts requested.

.....

That is correct ... but the DVLA medical advisors make their decision on the basis of your consultant's report and recommendation, so you need to have him / her "on-side".

You state that the DVLA revoked your licence on the basis of possibly erroneous data which you submitted; without the DVLA requesting a report from your consultant. This is consistent with the normal process if a driver notifies the DVLA of a relevant incapacity ... but they would normally require a report from your consultant (or GP in some instances) before restoring your licence.

Ultimately it is in everybody's interest that drivers who may be excessively sleepy or unwell are not behind the wheel of a potentially lethal weapon, so as skidpan says:


... if there are any unanswered questions they will always take the safest decision i.e. you don't drive

Edited by Theophilus on 22/12/2016 at 15:29

Revoked License - RT

My heart condition took several years to diagnose, when it was I was given a short-term ban by the cardiologist which lasted until a pacemaker was fitted when the cardiologist lifted the short-term ban but with instructions that it needed reporting to DVLA - I did so giving them accurate information to the best of my ability.

DVLA, I presume it's Medical Review Panel, considered the matter and informed me formally that no restrictions were imposed - given the short timescale I doubt they referred to my cardiologist.

So I think that each medical condition may well have a different set of internal review procedures at DVLA.

Revoked License - superk00l

In other words you will need to convince your hospital consultant that your condition has resolved to a level that is consistent with DVLA standards, and he / she will need to notify the DVLA on your behalf.

Its the Drivers Medical Group at the DVLA who decide if you get to keep your licence and not your consultant. The information provided by your consultant will obviously be used in making that decision but they will only provide the facts requested.

.....

That is correct ... but the DVLA medical advisors make their decision on the basis of your consultant's report and recommendation, so you need to have him / her "on-side".

You state that the DVLA revoked your licence on the basis of possibly erroneous data which you submitted; without the DVLA requesting a report from your consultant. This is consistent with the normal process if a driver notifies the DVLA of a relevant incapacity ... but they would normally require a report from your consultant (or GP in some instances) before restoring your licence.

Ultimately it is in everybody's interest that drivers who may be excessively sleepy or unwell are not behind the wheel of a potentially lethal weapon, so as skidpan says:


... if there are any unanswered questions they will always take the safest decision i.e. you don't drive

There wasnt any communication between the DVLA and my consultant as I spoke to my clinic and they informed me that the DVLA has not been in touch. Even the sleep technician was surprised that the DVLA had revoked my license.

I dont drive if i am tired, i have two young kids and they come first before anything else. All the questions were answered on the SL1 form. I just wasnt expecting this decision. I have been driving perfectly well for over 20 years and have no symptoms of sleepyness or feeling tired ever since I was diagnosed with OSA. I have taken the advice of the consultant when first diagnosed about losing weight, being more active, life changes...all of which I have achieved within a couple of months and I honestly speaking I have never felt better.

Revoked License - superk00l

Thanks for your response skidpan.

The DVLA made their decision WITHOUT consulting my sleep clinic or my consultant.

On the SL1 form that I submitted to the DVLA I answered No to one of the questions when I should have said Yes. The question asked if my condition is under control, i answered No (the reason behind that answer was I was initially having difficulty with the CPAP machine) but now I am fine with it.

I anwered all the questions truthfully.

I have never fallen asleep at the wheel of a car in over 20 years of driving.

I just can't understand how the DVLA can base their decision on one answer :(

If you dont mine me asking, was your license revoked?

What process did you have to go through?

Revoked License - RT

That single answer is enough as that makes it appear your condition isn't under control - I'd guess you need to formally appeal the decision and provide updated answers to their questions as well as formal support from your consultant and the sleep clinic.

Totally different medical condition - but a friend of mine had his licence suddenly revoked - checks showed that neither GP or consultant had been in touch with DVLA so the trigger remains a mystery - both GP and consultant supported his appeal and his licence was eventually reinstated - it did take 12 months though.

Edited by RT on 23/12/2016 at 14:31

Revoked License - Theophilus

The DVLA made their decision WITHOUT consulting my sleep clinic or my consultant.

On the SL1 form that I submitted to the DVLA I answered No to one of the questions when I should have said Yes. The question asked if my condition is under control, i answered No (the reason behind that answer was I was initially having difficulty with the CPAP machine) but now I am fine with it.

I'm sure you have the sympathy of everyone reading this post.

Unfortunately the DVLA did not need to contact your sleep clinic or consultant as you had stated that the condition was not under control (even though of course this appears to have been due to a misunderstanding on your part) - your response to the question immediately put you in the category of requiring your licence to be revoked until "you are able to convince your hospital consultant that your condition has resolved to a level consistent with DVLA standards"

Once the decision has been taken to revoke your licence, wheels have been set in motion which necessitate a report from your consultant confirming that you are fit to drive, bearing in mind the relevant medical standards.

Incidentally, reading back to your first posing you wrote:

August of this year i was diagnosed with Sleep Apnea, I was given a CPAP mask to wear every night. To cut a long story short, I have had difficulty using the CPAP mask and the sleep clinic have been informed of this on every appointment that I have in the last six months.

I found this confusing / misleading as you didn't state that you initially had difficulty, but had worked through the issues - and as I read your post I understood that you had experienced such difficulty using the CPAP mask that you had discontinued using it - this would have implied that you were still at risk of suffering from the effects of sleep apnoea the following day.

You may need to clarify this with the sleep clinic so that when they respond to enquiries from the DVLA they are able to accurately support your case.

Edited by Theophilus on 23/12/2016 at 15:17

Revoked License - skidpan

If you dont mine me asking, was your license revoked?

My license was not revoked. We moved house recently and needed to update to photocards for the first time, free when you move but this started the process.

About 4 years ago I was diagnosed with Glaucoma in one eye. The DVLA site clearly staes that for Group 1 license holders if Glaucoma only affects one eye there is no need to inform them but my consultant said that I must. So I spoke to the DVLA to clarify the facts and they confirmed there was no need to inform them, they did this in writing which I kept on file.

About 2 years ago I was diagnosed with Ocular Hypertension (raised pressure) in the other eye. It does not affect vision but I was told to use the same drops in both eyes from then on. There is no requirement to inform the DVLA of Ocular Hypertension even if it affects both eyes.

On the application form it asks about Glaucma which I ticked yes for right eye and Ocular Hypertension which I ticked yes for left eye. It also asks about treatment and I ticked the relevant boxes.

I then got a letter informing me that my application had been sent to the Driver Medical Group which I still believe was an incorrect decision but since my sight is fine I had no concerns about retaining my license. The DVLA referred me to Spec Savers for tests which I passed (vision is perfect, optical fields 120 out of 120). But since I need to wear spectacles to pass the tests I had to sign a declaration to confirm I would always wear them driving - I have been driving for over 40 years and have never driven withot spectacles, if I did I would die.

A week later my new licence arrived for 10 years with no restrictions.

Revoked License - RT

The spectacles condition has been imposed on new drivers for some years - if the wore glasses to pass their test the B group has an endorsement code requiring them to always wear spectacles when driving.

Frankly, the eyesight/opthalmology requirements for driving are woefully low - SWMBO has Uveitis which raises the Ocular Pressure and has caused Glaucoma - but despite losing half her vision in one eye, her tested sight is still twice as good as necessary to legally drive despite both she and I knowing it's simply not good enough to drive safely - so she doesn't.

Revoked License - skidpan

Frankly, the eyesight/opthalmology requirements for driving are woefully low

My consultant had previously told me that the sight in my Glaucoma affected eye still meets the DVLA requirements but I am not sure if I would be happy driving with that standard of vision in both eyes.

But when Specsavers demonstrated to me what standard of vision is required to pass the test I was appauled and could appreciate for the first time what my consultant had said. If my eyes were that bad I would walk, end of story.