In order to use the public roads safely as a driver, you must be in good health and fit to drive, so as to ensure that as a licence holder you are not a risk to yourself or other road users. The DVLA have powers to revoke your licence if they think that you may not be fit enough to drive.

This usually happens when a doctor or someone else such as a police officer informs them that there is a potential risk.

The DVLA can investigate a driver’s fitness to drive in the following circumstances:-

The licence holder or applicant for a licence informs the DVLA of a condition which could affect their driving i.e. Cardiovascular issues, Diabetes, Epilepsy.

The Police have concerns about the health and well being of a licence holder after a particular accident i.e. unfamiliarity of roads or road signs due to dementia/cognitive deterioration.

The licence holder has been convicted and sentenced to a drink or drug related offence.

The licence holders Doctor informs the Driver that they are not fit to drive and subsequently informs the DVLA of their diagnosis i.e. epilepsy, mental disorder, fainting or persistent misuse of drugs or alcohol.

If you have pleaded guilty to an offence and have received an unduly heavy penalty which you do not agree with you can appeal to the Crown Court. They will re-consider your sentence after listening to your mitigation.

It is wise to get advice before appealing about the chances of reducing your sentence as you will incur costs particularly if you are unsuccessful in reducing your sentence. The sentence can go up or down so seeking advice before the appeal is vital.

Unsure as to what to do, speak to one of our specialist appeal solicitors who will discuss your options and together we will find the best way forward with your case.

If the DVLA finally make a decision that you do not agree with then you have the right to appeal their decision at your local magistrates’ court. A specialist solicitor can be invaluable at this stage of the process. You will probably need to present evidence to the court and you may need an advocate to cross-examine experts. It is advisable in most cases that you also call a consultant on your condition after obtaining a report. This will normally have been submitted prior to the DVLA’s decision to refuse your application. 

The DVLA will automatically revoke your driving licence if you are a new driver and get 6 points however if you are appealing the decision in the magistrates court the DVLA should reinstate your driving licence pending appeal. You should notify them straight away so that there is no delay in keeping your licence.

The best way to avoid a new driver revocation is to get advice at the outset of proceedings or before you even accept a fixed penalty. By avoiding the imposition of points you can often avoid revocation. To find out if this applies to you call one of our specialist solicitors.