Change in the law to address DVLA medical driving licence backlog
Wed, 20 Jul 2022
- 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.
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