Simple Mistakes, Massive Consequences!

A heavy goods vehicle driver is suing Specsavers claiming a failed eye test ‘not only cost him his livelihood but also plunged him into severe depression’. Following two alleged failed visual field tests at Specsavers in 2022, the DVLA revoked the lorry driver’s driving licence meaning he could no longer work as a truck driver, and, it is alleged, this caused him severe depression. 

The driver successfully regained his licence six months later having passed subsequent visual field tests.  However, the whole ordeal impacted his mental health causing him anxiety and depression and impacting his ability to work. 

We have previously commented that third parties, such as the police, can report drivers to the DVLA, where there is evidence the driver in question may pose a risk to other road users.  This type of report can lead to further enquiries being made by the DVLA and a driver’s licence being revoked. 

By way of example, a driver involved in a minor road traffic collision which prompted the police to report suspicions of possible dementia to the DVLA, where there was nothing in the individual’s medical records to suggest this, lead to the driver being required to attend a medical assessment where it was confirmed that there was nothing to suggest any form of dementia. 

At the time of the road traffic collision, the driver was being treated with a urine infection which had led to him seeming confused. 

Whilst the condition of dementia was ruled out, the further medical enquiries undertaken by DVLA revealed that the driver was consuming a high level of alcohol on a weekly basis and the DVLA revoked his driving licence for this reason. 

There was no history of drink-driving and no evidence of any health issues resulting from high alcohol consumption.  The evidence the medical enquires produced was, however, deemed to be sufficient evidence for the driver’s licence to be revoked. 

There is DVLA guidance where a road user has been categorised as having an alcohol disorder. 

The DVLA has two standards for alcohol use disorders:

• persistent alcohol misuse and alcohol dependence without any high-risk features
• alcohol dependence with one or more high-risk features

High-risk features are either or both:

• alcohol withdrawal seizures
• medication assisted alcohol withdrawal needed or required

The law provides that the DVLA must revoke or refuse a driving licence if a person suffers from persistent misuse of alcohol, whether or not such misuse amounts to dependency. However, these terms – and the associated abstinence and/or controlled drinking periods – are not legally defined. By contrast, for other medical conditions the law sets out specific criteria which, if satisfied, mean the DVLA must not refuse to grant a licence.  This means that if there is medical evidence showing you are safe to drive and you meet the relevant legal criteria, the DVLA’s decision can be challenged. 

A simple tick in the wrong box or an incorrect assumption on a Driver and Vehicle Licensing Agency (“DVLA”) form, can spiral into life-changing consequences – even where there is no medical evidence to support the error. 

A mistakenly ticked box for visual inattention, after a stroke, where no such condition exists can lead to the immediate revocation of a licence, and a simple explanation of the mistake is often insufficient to have the revocation reversed and it is likely medical evidence will be required to be produced to correct the record. 

The DVLA’s own medical guidance confirms that in cases of strokes, the individual “Must not drive but may not need to notify DVLA.  Driving may resume after 1 month if there has been satisfactory clinical recovery. DVLA does not need to be notified unless there is residual neurological deficit 1 month after the episode and, in particular: 

• visual field defects
• impaired limb function
• impaired limb function

Minor limb weakness alone after a stroke will not require notification to DVLA unless restriction to certain types of vehicle or adapted controls may be needed”. 

In cases of visual inattention, the DVLA guidance states that an individual must not drive and must notify DVLA.  The guidance states that visual inattention is debarring for licensing.

Driving licence revocations can be devastating and should you find yourself in these circumstances, seeking professional advice is advisable to assist with appeals, and/or help position yourself for a successful re-application. The majority of our cases have a clear plan of action and very few cases reach a full appeal hearing.

Specialist knowledge of the legislation underpinning DVLA decisions is vital in advising clients who want to regain their driving entitlement, whether through appeal or a new application.  Professional advice will assist with obtaining the requisite supporting evidence to appeal a DVLA decision or to support your application. 

For further advice or assistance please contact our team.