Change in the law to address DVLA medical driving licence backlog
- Legal change made to speed up the medical driving licence application process.
- More registered healthcare professionals, other than doctors, can now complete medical questionnaires.
- Change is not mandatory and does not apply to the D4 medical examination report.
The DVLA has announced a change in the law to enable more healthcare professionals to complete medical questionnaires.
From today (20 July 2022) the Road Traffic Act 1988 has been amended to allow doctors to refer medical questionnaires to colleagues such as specialist nurses and opticians from other professional bodies.
The DVLA said the change follows a public consultation where 82 per cent of respondents were supportive of the change and it has been introduced as part of plans to speed up the medical licencing process.
Roads Minister Baroness Vere said: "Obtaining or renewing a driving licence should always be a quick, simple and efficient process. That’s why we’re allowing more healthcare professionals to complete DVLA medical questionnaires to speed up the medical licensing process and ease the burden on GPs."
Earlier this year, a freedom of information request by HonestJohn.co.uk’s sister brand heycar uncovered a 65 per cent year-on-year rise in the number of drivers with medical conditions waiting for their application to be processed.
The DVLA said that the backlog, caused by the impact of the Covid-19 pandemic and strike action by members of the Public and Commercial Services union last year, has since reduced. It aims to return to ‘normal’ (i.e. pre-Covid-19) processing times of 90 per cent of medical driving licence applications being processed within 90 days by the end of September.
However, we continue to regularly receive questions via Ask HJ from drivers with medical conditions who have been waiting significant periods.
The change in the law does not mandate GP surgeries and hospital teams to change their current practices. However, the DVLA said that it is raising awareness of the change by continuing to “engage with professional organisations representing doctors and other healthcare professionals, the Department for Health and Social Care (DHSC) and the devolved administrations in Scotland and Wales”.
The spokesperson said that the DVLA will “continue to monitor the process but we would expect the flexibility this change provides to be used where there are overall benefits to that hospital team or GP surgery. It is up to the relevant healthcare body or surgery how they use this new flexibility”.
The DVLA will continue to send questionnaires to General Medical Council (GMC) doctors and consultants, and it will then be up to individual GP practices and hospital teams as to which healthcare professional in practice is best placed to complete the questionnaire.
The change to the law allows medical professionals from the following Councils to complete medical questionnaires on behalf of doctors: General Chiropractic Council; The General Optical Council; The General Osteopathic Council; The Nursing and Midwifery Council; and Health and Care Professions Council.
The change to the law does not apply to the D4 medical examination report (used to obtain a lorry or bus driving licence). This will still need to be completed by a doctor or consultant who is registered with the GMC.
When will the DVLA clear the driving licence backlog?
The DVLA says that all of its services are now operating within normal turnaround times as paper applications are being processed within three to four weeks.
However, there are still delays for medical driving licence paper applications. It expects to return to ‘normal’ (i.e. pre-Covid-19) processing times of 90 per cent of medical driving licence applications being processed within 90 days by the end of September.
Can I still drive while my application is being processed?
While your driving licence application is with the DVLA you may be able to drive under Section 88 of the Road Traffic Act 1988, provided certain conditions are met.
The DVLA must have received your correct and complete application within the last 12 months and you must have previously held a valid driving licence and only drive vehicles you have applied for on your current application and were entitled to drive on your previous licence. Any conditions that were specified on your previous licence still apply.
You must also meet the medical standards of fitness to drive. If you have a medical condition and have been told not to drive by a doctor or healthcare professional, you cannot drive under Section 88. You also cannot drive if your last licence was revoked or refused for medical reasons.
You must not have been previously disqualified from driving as a high-risk offender (a high risk-offender is a driver convicted of a serious drink driving offence) or be currently disqualified from driving by a court.
The DVLA said that while it is completing medical investigations to decide whether a licence can be issued, it cannot tell you if Section 88 applies to you. It said that you and your doctor or healthcare professional are in the best position to consider the Section 88 criteria and to decide whether you should drive while you are waiting for a licence to be issued.
Can I drive abroad while I am waiting for my licence?
If you are driving under Section 88 this may not be accepted in other countries because it is UK legislation. The DVLA's advice is to check with the relevant licensing authority before you travel.
Renewed my medical driving licence in March 2021 and still waiting, what can I do?
Waiting eight months for my over 70s licence renewal, what can I do?
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exodice on 28 July 2022
This shows a typical example of how the DVLA completely deliberately mis-interprets the problem. Getting the D4 completed is not a problem. You can go anywhere and for about £30-£50 get it completed. The trouble is that it goes into the DVLA and just disappears for months, just like your passport application and driving test application. The answer is that the DVLA seem to think they are are a force unto themselves, not answerable to anyone. They have used covid as a total excuse for inactivity, paying their staff to sit at home doing nothing. What needs to happen is for a strong beam of light to penetrate their defences, for people to be sacked and others to be held accountable. They need to be made to get off their backsides and work like any normal employee rather than the charmed existences they have. Unfortunately their attitude is similar in many government organisations where you have a job for life, albeit poorly paid where nobody pays the price for incompetance or laziness.Palcouk on 29 July 2022
Its symptomatic of any Gov body or quango; no one is to blame or held to account other than some lowly employee.Of course 'lessons will be learnt' until the next time which will be all to soon.
How many safeguarding/child enquires have been held when 'Lessons will be learnt', until the next time, but never are?
Its deeply depressing to be faced by governments of all brands who simply fail to act for the electorate/ the people but spend there time in trying to score points.
David Howes on 1 August 2022
I applied for my over 70 medical licence 6 months ago. Progressed DVLA 5 times in the past 4 months but received standard automated unhelpful reply.Still no licence.
Took HJ’s advice and asked my MP to help. Received reply from MP within 24 hours and Licence was issued 5 days later.
Thanks for the advice HJ
Edited by David Howes on 01/08/2022 at 20:49
Yana Tugova on 23 December 2022
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Edited by CharlesMcDonald on 13/06/2023 at 15:59
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