Need advice

[DeborahNHS]

I had a car accident in Nov of last yr. So the DVLA states that if you are going on a long car journey then you should check your blood sugar levels 2 hours before, i checked mine 1 hour before leaving and they were 10.5. A police car had seen me on the road and done an assisted stop, which i am grateful for. DVLA have took my licence from me for 6 months, even tho this was my first hypo, my doc has no record of me having any hypos ( i have had hypos but i haven't needed any help as i have warnings ) I work for a living but know that i haven't got my licence i am unable to work because i cannot not get there and for me to get there would cost me £60.00 there and back and buses are atrocious. Has anyone got any advice on this matter. I know i could appeal to my local magistrates court but all that takes time and i would also need to hire a solicitor. Advice would be appreciated. x

 

[Robin]

Hi Deborah, I’m sorry you find yourself in this situation. The DVLA rule is 'up to' two hours before driving, and every two hours while you are behind the wheel. So your test 1hr before was valid.
However, we have to have hypo awareness to be allowed to drive, and if you feel hypo whilst driving, you must pull over and treat it, (getting out of the drivers seat and removing the keys, so you aren’t 'in control' of the vehicle.)
So if you had to be stopped by the police because you were driving whilst hypo, regardless of having a valid test before you set out, I think you may fall foul of the needing to stop as soon as you are aware that you are hypo.
I’m going to tag @Matt Cycle because I know he was in a similar situation, and may be able to help with practicalities.

 

[Deleted member 21371]

Sadly, the rules are fairly clear on telling the DVLA

https://assets.publishing.service.g...e-to-insulin-treated-diabetes-and-driving.pdf

The DVLA must be informed, and not only did you need assistance, you needed assistance whilst still driving.

So, it's not clear what the DVLA response should be, but it would be doubtful a judge would overrule them

 

[Pumper_Sue]

Have a look at this link https://www.gov.uk/access-to-work/eligibility @DeborahNHS not sure if it will be of any good to you but worth a try.

 

[Matt Cycle]

Hi Deborah. Sorry to hear about this. I had a car accident 2.5 years ago following a hypo but as far as I know the police who attended didn't contact the DVLA. I saw my consultant a few days after the accident and she suggested I inform the DVLA and she then advised them I shouldn't drive. This resulted in a 12 months revoke of the licence. It was difficult as like you there was an extremely limited bus service to work. I mainly relied on lifts from colleagues. I spoke to Occ Health through work and they suggested things such as working at home more and other work adjustments to me not being able to drive. Although I found it difficult I didn't have a choice, accepted my lot and just had to put up with it. I managed to get through it and although it took over 2 years I recently got my licence back and am back driving again.

I'm assuming the DVLA medical branch contacted your doctor/consultant to come up with this decision? I would be surprised if they would overturn it. Although you mention the bus service to work is poor you should be able to get an ENCTS card allowing free bus travel anywhere in England. I was reluctant to go for this as I don't consider myself disabled in any way but decided to do it and it was useful for travelling to appointments, nearest city etc. Applying was easy enough through the local library (take the DVLA letter stating your licence has been suspended/revoked) and the card came in a few days. I think the licence re-application process can start 4-6 weeks before the revoke period ends and doesn't cost anything (although the D1 states £50 - I sent a cheque but they sent it back). The DVLA medical branch will then contact your consultant/doctor. Don't despair, the time will pass quicker than you think. Good luck.

 

[mikeyB]

Indeed. In fact, only 6 months is surprisingly generous. I did a year, but fortunately lived near a train station, and got occasional lifts.

It’s pointless going to the magistrates court, they never overrule DVLA regulations, as any decent solicitor will tell you. I know that for sure - I was a magistrate. Your only hope would be a challenge in a higher court if there was any fault in due process,which would cost tens of thousands, with little chance of winning. And you’d be back driving anyway by then.