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DVLA Delays and COVID-19

August 4, 2020 by Jeanette Miller in category Covid-19, News with 72 and 0
Home > Covid-19 > DVLA Delays and COVID-19
DVLA Delays Covid 19

The Driver and Vehicle Licencing Agency (DVLA) seems to have been hit very hard with the impact of Covid-19 social distancing requirements. The DVLA contact centre is based on a single site in Swansea, Wales. Due to strict 2 metre Social Distancing requirements the site has suffered issues of short staff since March 2020 and continues to deal with significant delays in dealing with drivers’ applications and queries. The DVLA, since March 2020, have received over 250,000 paper envelopes a week. They have had to advise people that right now they “cannot” deal with any more paper applications.

The DVLA have been reported to be “almost impossible” to get into contact with and many drivers are unsure of whether they are legally entitled to drive. There have also been issues regarding the DVLA holding people’s documents for far too long causing issues for people who require these documents for work or travel.

The DVLA have said that they are working through the backlog as quickly as possible, but they are still warning of delays in processing applications and sending documents back.

This whole situation has left drivers unsure and their questions unanswered. Some questions have unpalatable answers but we have addressed the most common concerns below.

My licence photocard has expired, can I still drive?

Driving licences must be renewed every 10 years. The photo on your licence needs to be changed due to changes to your appearance over a 10 year period.

Renewing your licence is a legal requirement under section 99 of the Road Traffic Act 1988. However, the DVLA announced on the 4th June 2020 that drivers with driving licences due to expire between 1st February and 31st August 2020 have been granted a 7-month extension from the date of expiry. There is no need to make your application for the extension which is automatically granted.

This means you can continue to drive legally with your licence for 7 additional months whilst the DVLA deals with the backlog of applications.

This also applies to bus and lorry drivers who are required to renew every 5 years (except those aged 45 and over who need to renew their entitlement to drive). A 7-month extension will be automatically added to your licence and so you can continue to make necessary journeys.

You will need to ensure your licence is renewed once this extension is over otherwise you could face a fine of up to £1000 and/or 3-6 penalty points.

Remember, the 7-month extension begins from the date your licence was due to expire. The DVLA have said that a reminder to renew will be sent before the 7-month extension ends.

This extension applies only to photocard expirations and not a person’s entitlement to drive, more on this below.

I have applied to renew my licence and sent off my old licence but haven’t received a new one yet, can I still drive?

If you have sent your old licence off in order to renew you licence, you may experience significant delays in receiving your new licence.

In normal times, the DVLA usually take 3 weeks to process your renewal application and send a new licence out to you. However, due to delays caused by the Covid-19 crisis a significant delay is to be expected.

If you are affected by this delay, section 88 of the Road Traffic Act 1988 states that drivers can continue to drive whilst their application is being considered by the DVLA. For Section 88 to apply to you, you must meet the following criteria:

  • Your doctor agrees that you are fit to drive*
  • You have held a driving licence and only drive vehicles you have applied for and were entitled to drive on your last licence
  • You meet any conditions specified on your previous licence
  • If you hold a group 2 (bus or lorry) licence, your entitlement has not been suspended, revoked or refused by a traffic commissioner
  • DVLA has received your correct and complete application within the last 12 months
  • Your last licence was not refused or revoked for medical reasons
  • You are not currently disqualified from driving by a court
  • You were not disqualified as a high-risk offender on or before 1st June 2013 (a high risk offender is a driver convicted of a serious drink driving offence)

*If stopped by police, you may wish to have a letter from your GP to prove this criteria.

Please take a look at our DVLA DELAY tool to check if you meet the s.88 Criteria. If you do, you can produce a free certificate to carry with you whilst you drive.

How can I be sure section 88 applies to me?

The DVLA state that while they are completing medical investigations to decide whether a licence can be issued, they cannot tell you if section 88 applies to you.

The DVLA explain that you and your doctor are in the best position to consider the Section 88 criteria and to decide whether you are fit and legal to drive whilst waiting for your licence to be renewed/issued.

The DVLA have provided this leaflet to help you work out if section 88 does apply to you and you can continue driving.

We realise that the DVLA passing it onto you to decide whether you can continue to drive or not may be quite concerning. Our online tool may assist with making this decision. If you meet the criteria it is more than likely you can continue to drive whilst the DVLA deal with their delays. Once you complete the questions, if the result is that you can continue driving, a PDF certificate will be generated.  You may wish to print off this certificate and place it into your car to make you feel more at ease whilst driving.

The DVLA are keeping my documents and I need them for other reasons than driving – what can I do?

When making applications to the DVLA, if you do not have a UK passport, they may require original documentation to be sent with the application. Usually they advise that these documents will be returned within 3 weeks, but a significant number of people are experiencing delays in receiving these back.

The DVLA can ask for documents such as foreign passports, biometric residence permits, national identity cards etc. However, these documents are often needed for other important purposes such as applying for jobs and visas etc.

The DVLA have said that there will be a delay in getting documents back to you due to Covid-19 and have suggested delaying driving licence applications if you have a need for these documents.

However, this suggestion may come too late as people have been waiting since the beginning of March for vital documents.

Unfortunately, there is not much that can be done here. It is good to note that whilst your documents are with the DVLA, and have had a driving licence, you can continue to drive. However, the issue with needing ID for other important purposes is a difficult one to solve.

We would suggest you contact the DVLA urgently. Albeit this may be difficult due to the short staffed phone lines. Explain to the DVLA the urgency of getting your documents back. If you still experience little help or information you may wish to make a formal complaint.

The DVLA are working through the backlog but we would advise people to think carefully before sending original documents which may be needed for other important reasons.

I had my licence revoked for medical reasons but my circumstances have changed and I have applied to get my licence back – can I drive whilst my application is with the DVLA?

You cannot drive whilst your application is being considered by the DVLA. You need to wait until it has been considered and approved. It is illegal to drive, after revocation of your licence, before a new licence has been granted.

You can reapply for your licence once your doctor says you meet the medical standards of driving subject to DVLA’s rules on the relevant medical grounds. You will have to meet the conditions of your revocation, if there was a period of time you were expected to wait you cannot reapply until 8-weeks prior to that date. Your Doctor will need to complete a form with you and this will need to be sent along with your application and evidence that you are fit to drive.

If you drive before the DVLA send you a new licence, you can be disqualified from driving, receive penalty points or even fined up to £1000.

These applications are required to be made by paper and so a delay should be expected.

Our advice differs if you have voluntarily surrendered your licence and have now applied for it to be renewed. If you meet all of the following requirements, you can begin to drive whilst the DVLA considers your application:

  • You have the support of your doctor to drive
  • You had a valid licence
  • You only drive under the conditions of the previous licence
  • Your application is less than 1 year old
  • Your last licence was not revoked or refused for medical reasons
  • You are not currently disqualified
When will the delays at the DVLA stop and the issues be fixed?

If you are experiencing any of the above issues or are delaying an application due to not wanting to experience the reported delays, you may, as we are, be asking ‘when will the problem be fixed?’

Sadly, for a service which was struggling to cope at the best of times, these delays, regardless of the far reaching consequences for some, are expected to continue for some time to come.

The DVLA have apologised for the issues drivers are experiencing and have assured the public they are working through the back log as soon as possible. They have also announced over the past week that they will be recruiting 400 new staff members at their office in Swansea, who will hopefully be able to assist with working through the applications in the backlog.

Unfortunately, we cannot recommend instructing solicitors to assist with DVLA delays as we are unlikely to be able to achieve your objectives any differently to you. The situation is not acceptable but sadly, there are few options available to those caught up in this lesser known consequence of the Covid-19 crisis.

My disqualification period has ended but I cannot get through to the DVLA to check the status of my application – can I drive?

If you have been disqualified for driving and your ban is coming to an end you need to apply to have your entitlement to drive reinstated.

Whether or not you can drive prior to receiving your physical licence, after your ban has ended, depends on whether you are classed as a high risk offender or not.

If you are not classed as a high-risk offender, you can apply for your licence to be reinstated after a disqualification up to 56 days before your ban ends. Once your application is with the DVLA and has been accepted, and your ban period has ended you may be able to drive again even if you have not received your physical licence. However, this is only if the DVLA has accepted your application and there are no medical reasons which prevent you from driving.

This means that unless you have had it confirmed by the DVLA that your application has been accepted, and your licence will be sent to you, you should not drive. You need to wait 3 weeks after your application to chase the DVLA for an update. If you do struggle to get through, they have now introduced an online chat service.

You are classed as a high risk offender if any of the following apply:

  • You have been disqualified for driving, or being in charge of a vehicle, when the level of alcohol in your body was equal to or more than:
  • 87.5mcg per 100ml of blood
  • 200mg per 100ml of blood
  • 267.5mg per 100ml of urine
  • You have been disqualified twice within the space of 10 years for driving over the limit or being unfit to drive because of drink
  • You have been disqualified for refusing or failing to provide a breath, blood or urine sample for testing.
  • You have been disqualified for refusing to allow analysis of a blood sample taken due to incapacity.

Please Note: the court do not automatically tell you that you are in the high risk offender category as a result of a drink-driving conviction.

If you do fall into the category of being a high-risk offender and your disqualification is coming to an end, you can apply for it to be reinstated up to 90 days prior to your end of ban date. The reason for the extension of time to apply is because you are required to have a medical assessment taken by a DVLA approved GP.

If your disqualification began on or after 1 June 2013 you will not be entitled to drive until your licence has been issued. If you drive before then, you will be committing an offence under section 103 of the Road Traffic Act 1988.

Delays in attending a medical examination due to Covid-19 may impact on you getting your licence back and may mean you will not be able to drive until the end of your disqualification until the medical process and licencing decision is completed. Our advice here is be patient, and remain off the road.

The DVLA have issued a leaflet for applying for a driving licence after a disqualification for drink-drive offences here.

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Geoffrey Miller Solicitors are specialists defending drivers nationwide for all types of driving offences. Call our team of expert driving offence solicitors for some free initial advice.

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72 Comments

  • David Edwards
    on February 24, 2021 Reply

    Your web page regarding DVLA licence delays/medical

    Refers Section 88. Is this modified by DVLA update 8 Feb 21 which says regarding medical issues, -you can drive provided not told by doctor can’t- rather than a positive doctor says you can drive-?

    • Jeanette Miller
      on February 24, 2021 Reply

      Dear David,

      Thank you for your enquiry.

      If you are currently applying to renew your driving licence and have a medical condition, the guidance issued on 8/02/2021 indicates that as long as you have not been told by your doctor or optician that you should not drive, you should be able to drive as long as you meet the other criteria under Section 88 of the Road Traffic Act 1988.

      If you are unsure on whether you should drive, we would advise that you should speak to your doctor or the DVLA directly regarding this issue as we cannot comment upon individual cases.

      Yours Faithfully,
      Geoffrey Miller Solicitors

  • William David Omelasz
    on April 26, 2021 Reply

    Hello,
    My licence expired on the 23rd June 2020,but i was unaware I of this, then at the begining of March 2021 I received a letter from DVLA informing me that as my licence had expired during the Covid 19 pandemic they have given me an 11 month extension, in which to renew my licence, I filled in the form that was enclosed with the letter and also included my photo card driving licence, this was done 4 weeks ago, but to date I have, lnt had a reply and the extension date expires on the 22nd May, I do have one medical issue which DVLA know about as they were informed in 2008 when I was diagnosed with Sleep Apnea, if by the 22nd of May 2021 I don’t have my renewed licence back, can I still drive, I have clean licence with no points or disqualifications on it
    Krgds. William

    • Jeanette Miller
      on April 29, 2021 Reply

      Dear William,

      Thank you for your enquiry. The DVLA state that as long as you have submitted your application, which has been accepted by the DVLA, and are not medically exempt from driving under Section 88 of the Road Traffic Act 1988, you are able to continue to drive.

      We would advise that you contact the DVLA directly regarding this issue as we cannot comment upon individual cases. The DVLA have a webchat service accessible by visiting https://www.gov.uk/government/news/driving-licence-digital-services-web-chat.

      We hope this assists.

      The Geoffrey Miller Team.

  • dale leatherbarrow
    on May 4, 2021 Reply

    i have sent all my medical forms off and im under section 88 how long can you drive under this section

    • motoroffence
      on May 5, 2021 Reply

      Dear Dale,

      Based off the information you have provided you may be able to drive/continue to drive whilst the DVLA is processing your application (under 88 of the Road Traffic Act 1988). You are able to drive under Section 88 of the Road Traffic Act 1988 until any of the following apply:

      1. You receive your new driving licence, (as that will cover you to drive).
      2. Your application is refused or licence revoked by DVLA. You will receive a letter from DVLA if this is the case.
      3. Your application is more than a year old.
      4. You have been disqualified from driving since your application was sent to the DVLA.
      Whilst driving under Section 88 of the Road Traffic Act 1988 you will need to ensure you meet all the following criteria:

      1. Your doctor confirms you are fit to drive (by assessing your fitness to drive). Note, as of 08/02/2021 the guidance on this point has changed. Providing you have a current licence and you have not been told by your doctor or optician that you should not drive, you will be able to drive whilst the DVLA is considering your application and waiting for a response from the NHS professionals. You must still meet the other criteria under Section 88 of the Road Traffic Act 1988.
      2. You have 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.
      3. If you hold a Group 2 (bus or lorry) licence, your entitlement has not been suspended, revoked or refused by a traffic commissioner.
      4. You meet any conditions that were specified on your previous licence that still apply.
      5. DVLA has received a completed application within the last 12 months.
      6. Your licence was not revoked/refused for medical reasons.
      7. You are not currently disqualified from driving by a court.
      8. You were not disqualified as a high-risk offender on or after 1 June 2013 (a high-risk offender is a driver convicted of a serious drink driving offence).

      We refer you to your DVLA Licence Renewal Calculator here: https://www.motoroffence.co.uk/dvla-licence-renewal-calculator/ which provides more guidance on this specific issue. Ultimately, if you have any concerns over your ability to drive, you should contact your Doctor who will be in the best position to advise you on whether or not you should drive.

      Yours Faithfully,

      Geoffrey Miller Team

  • Thomas Alan Mcvicar
    on May 21, 2021 Reply

    Hello,

    i was disqualified and my ban time is up since april 2020.
    I sent me d27p renewal form too DVLA with the amount FEE enclosed can i drive and insure a vehicle

    • Jeanette Miller
      on May 24, 2021 Reply

      Dear Thomas,

      Thank you for your query. Whether you can drive depends on whether you are classed as a high-risk offender. If you are not considered a high-risk offender, if the DVLA have accepted your application but you have not received your physical licence, and your disqualification period is over, then you are able to drive.

      If you are considered a high-risk offender, you are required to undergo a medical assessment taken by the DVLA before your licence will be reinstated.

      We would advise that you contact the DVLA directly to enquire. The DVLA have a webchat service accessible by visiting https://www.gov.uk/government/news/driving-licence-digital-services-web-chat.

      We hope this assists.

      The Geoffrey Miller Team.

  • Daniel howard
    on June 24, 2021 Reply

    I received a driving bad that ended on the 26th of may.. I have applied for my licence back (not high risk) and the dvla have acknowledged through email that they have received my application can I drive?

    • Jeanette Miller
      on June 24, 2021 Reply

      Hi Daniel,
      Your disqualification period ended on 26th May 2021. The DVLA has also received your correct and complete application and you are not a high-risk offender.

      As long as the above statements are correct and you are not currently disqualified from driving for another offence, you are able to legally drive as long as you also meet the following criteria:

      • You must have held a valid licence and only drive vehicles you have applied for on your current licence and that you were entitled to drive on your previous licence.
      • Any conditions on your previous licence are still be met.
      • Your previous licence was not revoked or refused for medical reasons and your current licence application will not be refused due to medical reasons.
      • If you hold a bus or lorry licence, your entitlement must not have been suspended, revoked or refused by a traffic commissioner.

      If you need further guidance concerning whether you can legally drive, please see our free licence renewal calculator.

      We hope this assists,
      The Geoffrey Miller Team

  • David Alan Smith
    on July 5, 2021 Reply

    I applied for a new licence, after i lost my licence and could not find it. I applied online and paid the fee and the DVLA sent a form back requesting a photo, and asked me to provide an independent witness. I asked my local butcher, who, despite me pointing out where to put his details and signature, filled out the wrong section. I attempted to apply online again, but was unable to do this. I sent off for a form several weeks ago, but i am yet to receive the licence. I am a carer for my mother(who is disabled), and my sister(who has learning difficulties, and had suffered two heart attacks. I was hoping to apply for a mobility vehicle, but i assume that i will need a licence to apply. Both my mother and sister have not been able to get out since September of 2019, and are desperate to get out, please can you give any advice?

    • motoroffence
      on July 5, 2021 Reply

      As your application was purely to replace a lost licence, this does not prevent you from continuing to drive whilst awaiting the new licence providing that you have submitted a correctly completed form and you meet the following conditions:

      • You are not currently disqualified from driving.
      • You must have held a valid licence and only drive vehicles you have applied for on your current licence and that you were entitled to drive on your previous licence.
      • Any conditions on your previous licence are still be met.
      • Your previous licence was not revoked or refused for medical reasons and your current licence application will not be refused due to medical reasons.
      • If you hold a bus or lorry licence, your entitlement must not have been suspended, revoked or refused by a traffic commissioner.

      It would seem the problem stems from providing a new photo to DVLA and not from making an incorrect application.

      DVLA will use your passport photo for your new licence if all the following are true:
      • your driving licence is due to expire within 2 years
      • you have a valid UK passport – you’ll need to provide your passport number
      • you give permission for DVLA to use your photo

      DVLA will tell you if a suitable electronic photo is not available. It sounds like they did this already as they sent you a form.
      You can make sure the photo on your licence is updated by using the photo driving licence renewal service.
      We recommend you repeat this process to ensure your new licence is issued as soon as possible.

      It is taking longer than usual to process driving licence applications by post due to coronavirus. We advise that you contact the DVLA to check the status of your replacement licence at http://www.gov.uk/contact-the-dvla/y/driving-licences-and-applications

  • Alan Squires
    on July 6, 2021 Reply

    My doctor filled my medical form in wrong stating I was unfit to drive I got in touch with the doctor and she apologised and sent the form in again to say I was fit to drive that was 7 weeks ago and I’ve heard nothing yet from DVLA.

    • Jeanette Miller
      on July 7, 2021 Reply

      Dear Alan,

      Thanks for your enquiry.

      From your question it is not clear if the DLVA have revoked your licence or not due to a medical condition. We suggest you contact the DVLA to confirm if they have received the updated information from your doctor and if they have revoked your licence, if they are now going to re issue this. We are aware the DVLA are experiencing large backlogs.

      Other than wait for DVLA to get in touch, your only option would be to raise a complaint to DVLA via their complaints procedure.

      We are also aware of cases where the support of a local MP can prompt DVLA into progressing applications and so you may wish to involve your MP.

      I hope this assists,
      The Geoffrey Miller Team

  • stan
    on July 9, 2021 Reply

    Hi,

    I am a HSO and had my medical including blood sample in early February. Sample was sent right away to DLA by the doctor but I havent heard back from DVLA. Can I drive?

    • Jeanette Miller
      on July 10, 2021 Reply

      Dear Stan,

      Thank you for your query.

      You can usually keep driving while DVLA is considering your application. However, while DVLA is completing a medical investigation to decide whether a licence can be issued, we cannot tell you if Section 88 of the Road Traffic Act 1988 criteria applies to you. Therefore, you and your doctor are in the best position to decide whether you should drive while waiting for a licence to be issued.

      To drive under Section 88, you must meet all of the following criteria:

      • Your doctor must advise you that you are fit to drive;
      • You have held a valid driving licence and only drive vehicles that you have applied for on your current application, and were entitled to drive on your previous licence;
      • If you hold a bus or lorry licence, your entitlement was not suspended, refused or revoked by a traffic commissioner;
      • You meet any conditions that were specified on your previous licence that still apply;
      • Your application is not more than a year old.
      • You are not currently disqualified from driving by a court;
      • You were not disqualified as a high risk offender on or after 1 June 2013;

      I hope this assists,
      The Geoffrey Miller Team

  • Neil wallach
    on July 25, 2021 Reply

    Hello. I’ve finished my ban nov2020. I must be a risk offender with 5 driving on a ban and 4 drink drives. But past test in 1993 so has some grandfather’s rights and have never had to retake but need a medical this time. Is it worth actually applying for a new license. Most of these were in late 90’s early 2000 but I’ve sat my 40 months ban out now for an extra 8 months to see if I may not be high risk. One of the last two DD came off earlier this year

    • Jeanette Miller
      on July 26, 2021 Reply

      Hi Neil,

      If you had two drink drive convictions within a 10 year period, you remain a high risk offender and it won’t matter if you wait any further time, the position will remain the same. It is up to you if you want to re-apply but you will have to undergo a medical with the DVLA.

      Kind Regards
      Geoffrey Miller Solicitors

  • Rume Odogu
    on July 29, 2021 Reply

    Hi,

    I have been out of the country for a while and my last licence expired in 2018. I have now returned back to the UK and applied to renew my licence. So far, DVLA have been very silent since my application was sent in the middle of may and I have had to use my tracking number to confirm that my application successfully arrived at their Swansea office.

    I am currently job hunting and I have tried unsuccessfully to reach DVLA to let them know I urgently require my documents back for my job search. I am unable to reach anyone by phone or email and their webchat appears to also be unavailable.

    Can you kindly advice on how to go about contacting DVLA to request my documents back?

    • Jeanette Miller
      on July 29, 2021 Reply

      Hi Rume,

      Unfortunately, there is very little you can do other than make a formal complaint to DVLA.

      Hope this assists.
      The Geoffrey Miller Team

  • Darren Moloney
    on July 30, 2021 Reply

    I’m a PSV driver with medical conditions I filled out D4 medical form which doctor signed sent to DVLA on the 14/06/21 my PSV entitlement has now expired 29/07/21 how can I drive on a section 88

    • Jeanette Miller
      on November 15, 2021 Reply

      Dear Darren,

      Thank you for your enquiry.

      To continue driving under s88, you must meet the following criteria:

      Your doctor must have told you that you are fit to drive. If your doctor has signed the D4 medical form confirming that you are fit to drive, this will suffice.
      You have 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. This means that so long as you previously had a valid PSV licence, the current application you have sent to the DVLA is for a PSV licence and your previous licence allowed you to drive PSV vehicles, this will suffice.
      You must meet any conditions that were specified on your previous PSV licence.
      The DVLA must have received your correct and complete application within the last 12 months.
      Your last licence must not have been revoked or refused for medical reasons. This means your previous licence must not have been taken off you, stopping you from driving.
      You must not be currently disqualified from driving by a court. If you drive whilst disqualified, you are committing a criminal offence.
      If you have been disqualified from driving as a high-risk offender on or after 1 June 2013, you must have undergone a medical assessment.

      If you can satisfy all the above criteria, you can drive under s88 until you receive your licence from the DVLA. If you need further guidance concerning whether you can legally drive, please see our free licence renewal calculator on our website.

      We hope this assists,
      Geoffrey Miller Solicitors.

  • mia barker
    on August 2, 2021 Reply

    I was banned for drink driving but my ban is now over. I sent my application off nearly 9 weeks ago and haven’t heard anything back. can I drive under the section 88 I am not a high risk offender

    • Jeanette Miller
      on August 3, 2021 Reply

      Dear Mia,

      As long as your disqualification period has ended, you are not a high-risk offender, and you are not currently disqualified from driving for another offence, you are able to legally drive as long as you also meet the following criteria:

      • You must have held a valid licence and only drive vehicles you have applied for on your current licence and that you were entitled to drive on your previous licence.
      • Any conditions on your previous licence are still be met.
      • Your previous licence was not revoked or refused for medical reasons and your current licence application will not be refused due to medical reasons.
      • If you hold a bus or lorry licence, your entitlement must not have been suspended, revoked or refused by a traffic commissioner.

      If you need further guidance concerning whether you can legally drive, please see our free licence renewal calculator.

      Other than wait for DVLA to get in touch, you can raise a complaint to the DVLA about the delay via their complaints procedure: https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/complaints-procedure

      Hope this assists.
      The Geoffrey Miller Team

  • BRIAN
    on August 5, 2021 Reply

    I HAVE BEEN DIABETIC TYPE 2 FOR OVER TEN YEARS CAUGHT COVID LAST OCTOBER AS A RESULT ENDED UP ON INSULININFORMED DVLA WHO SENT SOME FORMS FILLED THEM IN SENT THEM IN GOT A LETTER BACK SAYING MY HEAVY GOODS LICENCE REVOKED TILL I HAD TEN WEEKS READINGS ON INSULIN,WAITED THEN HAD A D4 MEDICAL SENT IN GOT A LETTER BACK IN JUNE ASKING ME TO HAVE ANOTHER MEDICAL WITH MY DOCTOR WHICH I DID HE HAD NO PROBLEM WITH ME DRIVING AS DIABETIES WELL CONTROLED,GOT LETTER BACK SAYING NO NEED TO GET INTOUCH BECAUSE OF COVID THERE WOULD BE A DELAY STILLNOT HEARD ANY THING ITS NOW AUGUST AN NO WORD TRIED CHAT LINE BUT NO ONE AVALIABLE TO DISCUSS MEDICAL APPLICATIONS ITS A JOKE

    • Jeanette Miller
      on August 6, 2021 Reply

      Dear Brian,

      Whilst you await contact from the DVLA, you should not drive as your licence has been revoked for medical reasons.

      As you rightly mentioned, it is taking longer than usual to process driving licence applications by post due to coronavirus. Other than wait for DVLA to get in touch, you can raise a complaint to the DVLA about the delay via their complaints procedure: https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/complaints-procedure

      We are also aware of cases where the support of a local MP can prompt DVLA into progressing applications and so you may wish to involve your MP.

      We do hope your problem is resolved soon.

      The Geoffrey Miller Team

  • Andrew Morgan
    on August 7, 2021 Reply

    I read your advice with interest with reference to those who have surrendered their licence voluntarily following doctors advice. Like many hapless individuals I applied initially in March 2021 but nothing happened. I tried again May but the backlog had grown by then.
    I meet all the conditions you have set out. My doctor and specialist nurse are fully supportive. I am sure I can get a letter from my consultant confirming I am safe to drive.

    I would be a little nervous if stopped by the police and had to explain that read the options online. What should buy next move be with yourselves to get some type of legal backing?

    • Jeanette Miller
      on August 9, 2021 Reply

      Dear Andrew,

      If you voluntarily surrendered your licence due to medical grounds and are applying for your licence to be returned , you can drive while your licence is being renewed if you meet all the following conditions:

      • You have the support of your doctor to continue driving
      • You had a valid licence
      • You only drive under the conditions of the previous licence
      • Your application is less than a year old
      • Your last licence wasn’t revoked or refused for medical reasons
      • You’re not currently disqualified
      • You weren’t disqualified as a high risk offender on or after 1 June 2013

      The DVLA should have notified you of how long you had to wait to re-apply and we assume this period has passed. The DVLA will most likely require written evidence from your doctor about your fitness to drive so you should send this off with your application.

      If you need further guidance concerning whether you can legally drive and to receive a ‘legal to drive’ document, please see our free licence renewal calculator.

      Apart from the above, other than wait for DVLA to get in touch, you can raise a complaint to the DVLA about the delay via their complaints procedure.

      Hope this assists,
      The Geoffrey Miller Team

  • Dave Simon
    on August 16, 2021 Reply

    I recently had to sit an extended retest prior to this I held a full motorbike licence I have passed my extended test and the DVLA have sent out my new licence without my motorbike entitlement even though it was still on my provisional and you only need to take 1 extended test to have your entitlements back. I still have proof of my bike test, I have sent my licence straight back. Can I still ride my bike under section 88?

    • Jeanette Miller
      on August 18, 2021 Reply

      Dear Dave,

      You can check if you still have valid motorcycle entitlement online at here. We would advise that you contact the DVLA directly to enquire. The DVLA have a webchat service available.

      You can drive as soon as the DVLA receives your correct and complete application for a new licence as long as you meet the Section 88 criteria below:

      • You are not currently disqualified from driving.
      • You must have held a valid licence and only drive vehicles you have applied for on your current licence and that you were entitled to drive on your previous licence.
      • Any conditions on your previous licence are still be met.
      • Your previous licence was not revoked or refused for medical reasons and your current licence application will not be refused due to medical reasons.
      • If you hold a bus or lorry licence, your entitlement must not have been suspended, revoked or refused by a traffic commissioner.

      If you need further guidance concerning whether you can legally drive, please see our free licence renewal calculator.

      Hope this assists,
      The Geoffrey Miller Team

  • Jon
    on August 18, 2021 Reply

    I recently renewed my HGV licence as it was due to expire. DVLA acknowledged receipt of my application but my employer will not let me drive under section 88 due to my licence now being expired due to the backlog at DVLA. I have no medical conditions. They’re refusing to pay me as they seem to think they have to see my medical questionnaire as proof. Is this correct as I am available for work.

    • motoroffence
      on August 18, 2021 Reply

      Dear Jon,

      As your application is purely to renew your HGV licence and the DVLA have received your full and complete application, the delay does not prevent you from continuing to drive whilst awaiting the new licence, providing that you also meet the following conditions:
      • You are not currently disqualified from driving.
      • You must have held a valid licence and only drive vehicles you have applied for on your current licence and that you were entitled to drive on your previous licence.
      • Any conditions on your previous licence are still be met.
      • Your previous licence was not revoked or refused for medical reasons and your current licence application will not be refused due to medical reasons.
      • Your lorry licence entitlement must not have been suspended, revoked or refused by a traffic commissioner.
      However, whether or not your employer will accept that you are entitled to drive for them in the course of your employment would be down to the terms of your employment contract with them and this is not something we can advise you on.
      If you need further guidance concerning whether you can legally drive, please see our free licence renewal calculator.
      Whilst waiting for the DVLA to renew your licence, you can raise a complaint to the DVLA about the delay via their complaints procedure: https://www.gov.uk/government/organisations/driver-and-vehicle-licensing-agency/about/complaints-procedure

      We hope this assists.
      The Geoffrey Miller Team

  • Jake A
    on August 21, 2021 Reply

    Hi,

    I am high risk offender, however my ban ended in Feb 24th for drink driving, I have been for a medical CDT test, got a letter in July with no results just that I had to go for a urine test, been for a urine test and I am still waiting for any kind of result. I need my license for my job and it’s now been 6 months since my ban ended. Any advice please?

    Thanks,
    Jake

    • Jeanette Miller
      on August 24, 2021 Reply

      Dear Jake,

      We would advise that you contact the DVLA directly regarding this issue as we are unable to comment upon individual DVLA cases. You can call the DVLA directly to discuss the issue. Alternatively, the DVLA have a webchat service accessible by visiting here.

      Other than wait for DVLA to get in touch, you can raise a complaint to DVLA via their complaints procedure here.

      We also outline below an article on our website that may assist you which you can read here.

      I hope this assists,
      The Geoffrey Miller Team

  • Helen Dufficy
    on August 23, 2021 Reply

    What is the situation as regards a licence that had an extension due to covid (expired last September 2020), no renewal letter was received by the holder and it was noticed by a fluke that their licence was due to expire, and as they could not apply on line (passport had expired and not been renewed due to travel restrictions of covid), so they had to apply through the post office, they are a critical worker and the licence expired before the forms reached the DVLA. The holder has not driven since, but would section 88 apply to them, they have a full licence, no bans or endorsements and no health issues that would present a problem to drive.

    • Jeanette Miller
      on August 24, 2021 Reply

      Dear Helen,

      As your application was to renew your licence, as long as you meet the following criteria, section 88 will apply to you:

      • You are not currently disqualified from driving.
      • You must have held a valid licence and only drive vehicles you have applied for on your current licence and that you were entitled to drive on your previous licence.
      • Any conditions on your previous licence are still be met.
      • Your previous licence was not revoked or refused for medical reasons and your current licence application will not be refused due to medical reasons.
      • If you hold a bus or lorry licence, your entitlement must not have been suspended, revoked or refused by a traffic commissioner.

      If you need further guidance concerning whether you can legally drive, please see our free licence renewal calculator.

      If you need further assistance, we would advise that you contact the DVLA directly regarding this issue as we are unable to comment upon individual DVLA cases. You can call the DVLA directly to discuss the issue. Alternatively, the DVLA have a webchat service accessible here.

      Other than wait for DVLA to get in touch, you can raise a complaint to the DVLA about the delay via their complaints procedure here.

      I hope this assists,
      The Geoffrey Miller Team

  • Mrs TRILBY PARRY
    on September 15, 2021 Reply

    Hi, My sons driving ban for drug driving, first offence, ends on saturday 18yh september 2021, He sent of for his licence over 4 weeks ago but has yet to recieve it back, He rang them today to see where it was and they said there was a backlog to covid and it hasnt been checked yet, They told him if thery havent put it in there system by the 18th he could use the 88 act and also provide eveidence using the postal order receipt to show he has sent everything of ok…Is this correct and will he be allowed to drive on the 18th? He is self-employed and in desperate need to drive to earn a living.

    • Jeanette Miller
      on September 15, 2021 Reply

      Dear Trilby,

      If the DVLA have accepted that your son’s application has been received, even if he has not received his physical driving licence back by 18 September 2021, and there are no medical conditions to prevent him from driving, then he may be eligible to drive.

      Assuming he is not considered a high risk offender and he meets the following criteria, then he is eligible to drive;

      He must have held a valid licence and only drive vehicles he has applied for on his current licence and that he was entitled to drive on his previous licence.
      Any conditions on his previous licence are still be met.
      His previous licence was not revoked or refused for medical reasons and his current licence application will not be refused due to medical reasons.
      We would advise that you contact the DVLA directly to enquire. The DVLA have a webchat service accessible by visiting here.

      Other than wait for DVLA to get in touch, you can raise a complaint to the DVLA about the delay via their complaints procedure.

      Hope this assists,
      The Geoffrey Miller Team

  • TRILBY PARRY
    on October 4, 2021 Reply

    Hi, My son has been waiting for his license and driving under section 88, He has still not received his license and the section 88 is due to expire in 2 days time, What can he do to extend this as he is self-employed and needs to drive daily?

    • Jeanette Miller
      on October 5, 2021 Reply

      Dear Trilby,

      The section 88 cannot be extended. It is a criteria that if the applicant meets, allows them to drive whilst waiting for their driving licence to be sent to them. The section 88 criteria is as follows:

      1. You are not currently disqualified by a court;
      2. You have held a valid driving licence and only drive vehicles you are qualified to drive;
      3. Any conditions on your previous licence are met;
      4. You sent your fully completed application to DVLA within the last 12 months;
      5. Your last licence has not been revoked or refused for medical reasons and will not be deemed unfit to drive for any medical reasons by a doctor; and
      6. You have not been disqualified as a high risk offender.

      If your son has been driving via section 88 for almost 12 months, he would therefore not satisfy point 4 above following the 12 month period. He would need to submit a new application, which once received by the DVLA will then allow him to drive under section 88 again, assuming he still meets all the above requirements.

      If you need further assistance, we would advise that you contact the DVLA directly regarding this issue as we are unable to comment upon individual DVLA cases. The DVLA have a webchat service accessible by visiting https://www.gov.uk/government/news/driving-licence-digital-services-web-chat.

      The Geoffrey Miller Team

  • Lindsay Douglas
    on October 6, 2021 Reply

    Hi, I was banned for Drink Driving on 6th Sept 2020 for 12 months, I sat the course required by the court to reduce ban to 9 months so ban should have been up 6th June 2021, I sent my application to them in April 2021 and they cashed the cheque but it unfortunately didn’t clear, I sent another cheque on 26th June which they cleared my account on 6th Sept. I have spoken to the dvla and they have my application and have proof of the course completion from the court, Can I drive again as I technically should have been able to since June 2021.
    Thanks in anticipation for your help
    Linz x

    • Jeanette Miller
      on October 6, 2021 Reply

      Dear Lindsay,

      Thank you for your query.

      Once your application is with the DVLA and has been accepted and as your disqualification period has ended, you may be able to drive again even if you have not received your physical licence. However, this is only if the DVLA has accepted your application and there are no medical reasons which prevent you from driving. You need to wait 3 weeks after your application to chase the DVLA for an update. If you do struggle to get through, the DVLA has introduced a web chat service accessible by visiting https://www.gov.uk/government/news/driving-licence-digital-services-web-chat.

      We hope this assists.

      The Geoffrey Miller Team

  • Jordan
    on October 8, 2021 Reply

    Hi,

    My ban ends on the 20th of October (I am not a high risk offender)i sent my application to get my license back on the 25th August and it has been signed for and delivered the next day by the dvla and I have a screenshot and receipts of postal order and application sent special delivery.

    I contacted the dvla and they have said due to the covid backlog they cannot confirm if they have recieved my application yet but I have proof its been signed for.

    The dates online say the will be processing 25th August 2-3 weeks after my ban ends.

    Will I be able to drive under section 88?

    It’s all very confusing and nobody can seem to give me a straight answer and I just want to confirm what you mean by the application has been accepted?

    It’s been signed for and delivered but the postal order has not been cashed yet due to the backlog,

    Does this mean it has been accepted because they have signed for it and received it.

    I have a letter from my doctor saying im fit to drive and I have all the documentation to prove its been delivered and signed for and paid for,

    Will I be able to drive under section 88 on the 20th of October?

    Thanks and I hope somebody can advise me.

    • Jeanette Miller
      on October 11, 2021 Reply

      Dear Jordan,

      You cannot currently drive under s88 as you are still currently disqualified from driving by the court.

      The DVLA must have confirmed they have received your application before you can drive under s88. They often confirm receipt of applications via email. Once received and when your disqualification period ends, you will then be able to drive on the first full day that you are no longer disqualified as long as you also meet the following s88 conditions (as you state you do):

      • You are not currently disqualified from driving.
      • You must have held a valid licence and only drive vehicles you have applied for on your current licence and that you were entitled to drive on your previous licence.
      • Any conditions on your previous licence are still be met.
      • Your previous licence was not revoked or refused for medical reasons and your current licence application will not be refused due to medical reasons.
      • If you hold a bus or lorry licence, your entitlement must not have been suspended, revoked or refused by a traffic commissioner.

      If you need more help as to whether you can drive, you should contact the DVLA directly.

      I hope this assists,
      The Geoffrey Miller Team

  • Bob Hair
    on October 13, 2021 Reply

    Hi,
    I had a head injury back in June, which resulted in a diagnosis via CT in A&E 2 days later of a small Subdural Haematoma which required no treatment; (it was so small that the neurosurgeons discharged me without need for follow up and stated to the A&E to treat it as a head injury, who then also discharged me.)
    I was unsure if I was allowed to drive as no-one had told me otherwise, so I called the DVLA, who sent me the forms. It then took 7/8 weeks for them to revoke my license on medical grounds.

    The neurosurgeons are refusing to see me to pass me as meeting the medical standards for driving, (because they discharged me,) and so is my GP, as they state that they don’t have enough neurology knowledge to do so.

    I am due to start the 8 week reapplication process (where it states to check with my doctor that I meet the medical standards for driving before applying,) and feel somewhat left out in a limb by the medics who are refusing to assess me.

    Have you some advice please on this situation?

    Thank you.

    • Jeanette Miller
      on October 19, 2021 Reply

      Dear Bob,

      Unfortunately, we are unable to assist with DVLA enquiries or advise you in relation to your own case circumstances, but we have provided you with the practical guidance below.

      You will not fit the s.88 of the Road Traffic Act criteria as you are waiting for a medical assessment, so you will not be able to drive until this is complete and you have been reissued with a new licence.

      You should contact the DVLA directly about your issue of obtaining the medical assessment necessary to get your licence back. They will be able to advise you as to what they require you to do in your situation and specifically who should complete the medical assessment.

      We do hope your problem is resolved soon.

      I hope this assists,
      The Geoffrey Miller Team

  • J griffin
    on October 16, 2021 Reply

    Hi there I was banned for 12 months, I have sent off my d27 to renew my licence after disqualification with the postal order over a month ago, my ban was lifted on the 14/10/21.

    Can I drive? My car is insured(all declared etc) and taxed and mot’d etc.

    My disqualification has definitely ended and I have proof of sending my application to renew my licence.
    Please advise

    • Jeanette Miller
      on October 19, 2021 Reply

      Dear J,

      You need to fit the criteria of s.88 of the Road Traffic Act if you are waiting for DVLA to send your licence out to you. As long as your disqualification period has ended and you are not currently disqualified from driving for another offence, you are able to legally drive as long as you also meet the following criteria:

      • You must have held a valid licence and only drive vehicles you have applied for on your current licence and that you were entitled to drive on your previous licence.
      • Any conditions on your previous licence are still be met
      • Your previous licence was not revoked or refused for medical reasons and your current licence application will not be refused due to medical reasons.
      • If you hold a bus or lorry licence, your entitlement must not have been suspended, revoked or refused by a traffic commissioner
      • You are not a high-risk offender (see Disqualification for Drink Driving )
      • The DVLA have received your full and correct application and have acknowledged receipt of this.

      If you need further guidance concerning whether you can legally drive, please see our free licence renewal calculator

      Other than wait for DVLA to get in touch, you can raise a complaint to DVLA via their complaints procedure

      We are also aware of cases where the support of a local MP can prompt DVLA into progressing applications and so you may wish to involve your MP.

      We do hope your problem is resolved soon.

      I hope this assists,
      The Geoffrey Miller Team

  • Matthew Eland
    on November 9, 2021 Reply

    How do dvla get in touch to say they have received your application

    • Jeanette Miller
      on November 10, 2021 Reply

      Dear Matthew,

      The DVLA usually send an email confirming they have received your full application, although we would advise that you contact the DVLA directly regarding this issue and for confirmation as to whether your application has been received as we cannot comment upon individual cases. The DVLA have a webchat service accessible by visiting.

      I hope this assists,
      The Geoffrey Miller Team

  • Paul a Ratcliffe
    on November 10, 2021 Reply

    My license is due for the three year rule as over 70 runs out 19/11/21
    I sent form in August time they say not received and there’s a backlog
    I rang them due to having an icd fitted consultant told me not to drive for four weeks as it was preventative treatment
    Forms filled in sent recorded delivery how do I get to be able to drive when my period is up if they say they haven’t got renewal application
    As my licence runs out what can I do

    • Jeanette Miller
      on November 15, 2021 Reply

      Dear Paul,

      Section 88 allows a driver to drive whilst waiting for their driving licence to be renewed. The section 88 criteria is as follows:

      1. You are not currently disqualified by a court;
      2. You have held a valid driving licence and only drive vehicles you are qualified to drive;
      3. Any conditions on your previous licence are met;
      4. The DVLA have received your fully completed application to DVLA within the last 12 months;
      5. Your last licence has not been revoked or refused for medical reasons and will not be deemed unfit to drive for any medical reasons by a doctor; and
      6. You have not been disqualified as a high risk offender.

      As you can see from the above, you do not meet point 4 as the DVLA do not seem to have received your application yet. If they confirm that they have received your application, as long as you meet all of the above criteria, you will be able to drive under s88 whilst awaiting your licence to be reissued. We suggest you contact your doctor to confirm you are now medically fit to drive.

      The DVLA usually send an email confirming they have received your full application, although we would advise that you contact the DVLA directly regarding this issue and for confirmation as to whether your application has been received and what to do in this situation as we cannot comment upon individual cases. It may be that the DVLA have received your application but the backlog is preventing them from confirming receipt of your application. The DVLA have a webchat service.

      Whilst waiting for the DVLA to renew your licence, you can raise a complaint to the DVLA about the delay via their complaints procedure. You can also raise the issue with your local MP.

      I hope this assists,
      The Geoffrey Miller Team

  • Jonathan Darwen
    on November 18, 2021 Reply

    Hi I cannot get any clarity on this.

    My disqualification for totting up (56 days) ended 16th November. I sent my application for a new license (as I had to surrender old one once banned) and I have confirmation on the tracking page that the DVLA have received it. I sent it special delivery.

    I contacted the dvla and they have said due to the covid backlog they cannot confirm if they have recieved my application yet but I have proof its been signed for.

    The rules around section 88 are very vague. I am confident I meet all the criteria, and it seems ridiculous that I have to wait possibly another 8 weeks before a physical license appears. In the interim I could drive under section 88 on the condition that my application is being processed.

    Its with the DVLA but as it was a paper d1 form, the DVLA will not send any official letter or email confirming its been received. The DVLA web chat told me I literally have to just wait until a new license drops on my doorstep. This could be another 2 months.

    Am I ok to drive under section 88 if I meet the criteria but other than the signature at the DVLA end by special delivery, I have no official confirmation that the CORRECT AND COMPLETE form is being looked at.

    Its the definition of the DVLA PROCESSING (not just receiving) the form that is vague, can you advise ?

    • Jeanette Miller
      on November 22, 2021 Reply

      Dear Jonathan,

      The DVLA can email or provide postal acknowledgement of your application.

      Unfortunately, we cannot advise on DVLA cases and your eligibility to drive under s88, apart from outlining the criteria you have to meet to satisfy s88.

      1. You are not currently disqualified by a court;
      2. You have held a valid driving licence and only drive vehicles you are qualified to drive;
      3. Any conditions on your previous licence are met;
      4. You sent your fully completed application to DVLA within the last 12 months;
      5. Your last licence has not been revoked or refused for medical reasons and will not be deemed unfit to drive for any medical reasons by a doctor; and
      6. You have not been disqualified as a high-risk offender.

      These conditions and more information can be viewed here.

      If the DVLA have advised you directly (via the web chat) you should follow their advice as they are in the best position to correctly inform you on this issue.

      We suggest that you again contact the DVLA directly about this issue and try to get further clarification.

      Alternatively, you can raise a complaint to the DVLA here.

      I hope this assists,
      The Geoffrey Miller Team

  • Carol Davies
    on November 20, 2021 Reply

    Hi,
    My Dad is 80 and voluntarily surrendered his license after failing an eye test due to cataracts. He has now had cataract surgery and has met the minimum standard to drive. He sent off evidence for his license months ago but has heard nothing from the DVLA.
    Will section 88 apply to him? Does he need to ask for repeat documentation from his optician to say he is fit to drive? Will be be insured and does he need to notify his insurer?

    Kind regards,
    Carol

    • Jeanette Miller
      on November 23, 2021 Reply

      Dear Carol,

      As your dad voluntarily surrendered his licence, as soon as the DVLA receives his correct and complete application for a new licence, he may drive as long as he also meets all of the s88 criteria:

      • He is not currently disqualified from driving.
      • He must have held a valid licence and only drive vehicles he has applied for on his current licence and that he was entitled to drive on his previous licence.
      • Any conditions on his previous licence are still be met.
      • His previous licence was not revoked or refused for medical reasons and his current licence application will not be refused due to medical reasons.
      • If he holds a bus or lorry licence, his entitlement must not have been suspended, revoked or refused by a traffic commissioner.

      If his medical condition meant he had to take a specified amount of time off driving to ensure the stability of his condition, he must still complete that time off driving before he drives under s88. If you are still unsure as to whether he is able to drive, he should check with his doctor. A fitness to drive letter from his doctor and/or optician would be useful for him to obtain and keep with him as proof of his medical fitness to drive under s88, should anyone ask to see this.

      We also recommend he contact his insurance in advance and ask them the specific terms of his insurance to ensure he will be covered.

      If you need any further confirmation on the issue would advise that you contact the DVLA directly regarding this issue as we are unable to comment upon individual DVLA cases. You can call the DVLA directly to discuss the issue. Alternatively, the DVLA have a webchat service accessible by visiting here.

      I hope this assists,
      The Geoffrey Miller Team

  • Sabiha
    on November 27, 2021 Reply

    Hi,

    I lost my provisional license and have tried several times to apply for a replacement online but it won’t let me do so and advises me to contact DVLA. I have now submitted a paper application. My driving test is coming up, I have a photograph of my provisional license which is still valid, I just do not have a physical copy of it. Is there any way at all I can still do my test without the physical license?

    Kind regards,

    Sabiha

    • Jeanette Miller
      on November 29, 2021 Reply

      Dear Sabiha,

      Thank you for your enquiry.

      Unfortunately, we are unable to advise you on this matter. You may wish to contact the driving test centre and explain your situation and seek their advice. Alternatively, you will need to continue chasing the DVLA for a response.

      We wish you all the best.

      Thank you,
      The Geoffrey Miller Team

  • Didzis
    on December 2, 2021 Reply

    Hello,

    I have sent to exchange my EU driving license to GB
    There has been 90 days already and now dvla asks for medical which would extend the time for another 90 days
    What can I do to get my driving license EU back which was issued in EU and I have passed EU medical

    • Jeanette Miller
      on December 8, 2021 Reply

      Dear Didzis,

      You will still need to complete the DVLA medical assessment if they have required you to do so and should do so before you drive on any licence if that is a requirement. For more information as to whether you can drive on your EU licence in the UK in the meantime, please answer the questions here and contact the DVLA directly for further guidance if you are still unsure.

      It is taking longer than usual to process driving licence applications due to coronavirus. Your issue may stem from the current DVLA delays and there is little you can do in this situation other than contact the DVLA directly to try to get an update on your matter. You can contact the DVLA here.

      Other than to wait for DVLA to get in touch, your only option would be to raise a complaint to DVLA via their complaints procedure.

      We are also aware of cases where the support of a local MP can prompt DVLA into progressing applications and so you may wish to involve your MP.

      I hope this assists,
      The Geoffrey Miller Team

  • Martyn Standeven
    on January 6, 2022 Reply

    Hello,

    I have applied to renew driving licence for age over 70. (C1 required to drive my motorhome).
    DVLA have acknowledged receipt.
    I have no medical or driving issues and am currently driving under Section 88 as previous licence has now expired.
    I have booked a trip to Spain in February, but calculate my new licence will not arrive in time.
    Official Government website advises not to drive in Spain without carrying a current licence. (They would, of coarse).
    I have learned that, contrary to common belief, it is not a legal requirement to carry a driving licence at all times when driving in Spain.
    I have a photocopy of my old licence.

    I would be grateful for your advice.

    Thanks,
    Martyn

    • Jeanette Miller
      on January 26, 2022 Reply

      Dear Martyn,

      Thank you for your enquiry. The DVLA state that as long as you have submitted your application, which has been accepted by the DVLA, and you meet the Section 88 criteria, you are able to continue to drive.

      Section 88 of Road traffic Act 1988 requirements are:

      1. You are not currently disqualified from driving.
      2. You must have held a valid licence and only drive vehicles you have applied for on your current licence and that you were entitled to drive on your previous licence.
      3. Any conditions on your previous licence are still be met.
      4. Your previous licence was not revoked or refused for medical reasons and your current licence application will not be refused due to medical reasons.
      5. If you hold a bus or lorry licence, your entitlement must not have been suspended, revoked or refused by a traffic commissioner.

      Because the Section 88 provision is in UK legislation, it may not be accepted in other countries, including Spain. Spanish Authorities state that a “driving licence will be valid in Spain as long as it is current”. Therefore, you will need to contact the Spanish embassy/authorities to check if section 88 is acceptable in their country.

      As per the government website, the DVLA is dealing with applications for “Renew a driving licence if you’re 70 or over or after disqualification or revocation” from 1 November 2021.

      If you need further assistance, and you need to leave the country before the new licence returns, we recommend checking with the DVLA directly regarding this issue as we are unable to comment upon individual DVLA cases. The DVLA have a webchat service accessible here.

      We hope this assists,
      The Geoffrey Miller Team

  • UNKNOWN
    on January 18, 2022 Reply

    Hello,
    I have applied for driving license card. I sent my original document to DVLAS and I did not get my passport back. its been more than 5 weeks i am still waiting for my document. I have tried to contact on customer service number but its unavailable. Can u tell me what should i do to get back my documents.
    Please help me!!

    • Jeanette Miller
      on January 19, 2022 Reply

      Hi,

      The DVLA are experiencing delays in processing applications, which could be the reason you have not yet received your passport back. If you need further assistance, we would advise that you contact the DVLA directly regarding this issue as this is a DVLA issue that we are unfortunately unable to help you with. You can try calling the DVLA again, directly to discuss the issue. Alternatively, the DVLA have a webchat service accessible here. You can also contact the DVLA through their official social media accounts.

      Other than wait for DVLA to get in touch, you can raise a complaint to the DVLA about the delay, or about not returning your passport, via their complaints procedure here.

      I hope this assists,
      The Geoffrey Miller Team

  • Jonathan
    on January 26, 2022 Reply

    I have glaucoma and need to be assessed every three years to assess my field of vision. I am now 82 and did a field of vision test in November 2021 as part of the triennial review. My licence expired on the 12th December and I have not as yet (27th Jan) heard back. I looked closely at the act and I qualify so long as I comply with section 88 of the act, which states that I have to have the approval of a Doctor. This I have obtained by getting a copy of my field of vision test, that was sent to the DVLA, for my local Dr to view.
    My question is…..How long can I continue driving under the current circumstances? I am confident that the field of vision test was satisfactory (117/120) and when repeated 117/120 but different ones missed, but is there a limit to the amount of time I can legally drive without my renewed licence? Thank you.

    • Jeanette Miller
      on January 31, 2022 Reply

      Dear Jonathan,

      You may be able to drive as soon as the DVLA receives your correct and complete application for a new licence as long as you meet the Section 88 criteria below:

      1. You are not currently disqualified by a court;
      2. You have held a valid driving licence and only drive vehicles you are qualified to drive;
      3. Any conditions on your previous licence are met;
      4. You sent your fully completed application to DVLA within the last 12 months;
      5. Your last licence has not been revoked or refused for medical reasons and will not be deemed unfit to drive for any medical reasons by a doctor; and
      6. You have not been disqualified as a high risk offender.

      I draw your attention to point 4, I think you must clarify with your doctor that she has no medical reason to think you should not be driving, if she confirms this, then as long as the above criteria are met you should be able to drive.

      These conditions and more information can be viewed here. If you are unsure about whether you satisfy point 5 above, the DVLA advises that you speak to your doctor. As your doctor will not comment upon your fitness to drive, we are also not in a position to comment upon your fitness to drive.

      We would advise that you contact the DVLA directly regarding this issue as we cannot comment upon individual cases. The DVLA have a webchat service accessible by visiting here.

      I hope this assists,
      The Geoffrey Miller Team

  • Jack Thompson
    on February 15, 2022 Reply

    My drink driving ban is coming to an end on Saturday 19th February. I didn’t need a medical and I am not a high risk offender. I sent my application off on the 5th January but have still not received my license.. would I still be able to drive once my ban is over on the 19th?

    • Jeanette Miller
      on February 18, 2022 Reply

      Dear Mr Thompson,

      Assuming that this is your first offence and your alcohol level was below 87.5µg per 100ml of breath, you are not usually required to undergo medical enquiries before your driving licence can be renewed. However, you will not be able to drive until your renewal application is approved by the DVLA. We recommend that you check the status of your licence online here and seek approval from the DVLA before you drive. We do not advise you to drive before this point, even though the driving disqualification period is over. You may be driving otherwise than in accordance with a valid licence and may be charged with an offence.

      I hope this assists,
      Geoffrey Miller Solicitors

  • Laura cartwright
    on June 27, 2022 Reply

    Please help! We had a speed fine in the post and I realised my photocard is over 2 years expired. What do I do? I’ve just applied to renew it with DVLA. Will the police ban me? My drivers license is valid till 2063 it says on the back, it’s just my photocard that is expired please help

    • Jeanette Miller
      on July 7, 2022 Reply

      Hi Laura,

      Thanks for getting in touch.

      Failing to update your photo on your licence can carry a fine of up to £1000 if you are charged. As you have already applied to renew your photo, you will just need to wait for your new driving licence and be mindful of the expiry date in the future. You should still be able to drive whilst you wait for your new licence but we recommend you contact the DVLA direct to confirm this.

      We hope this helps
      The Geoffrey Miller Team

  • Richard
    on October 29, 2022 Reply

    Hello,

    I am confident that I meet the requirements of Section 88 of Road traffic Act 1988 requirements and have been driving whilst my medical license application is processed by the DVLA. I am being prosecuted for speeding during the period when my license expired. I will plead guilty to the speeding offense. My license failed the DVLA check so I am also being prosecuted for “Drive a motor vehicle otherwise in accordance with a license – non endorsable offence” CCCJS CODE RT88507. I need to enter a plea by 14 Nov 2022. How should I proceed?

    Many thanks

    • Jeanette Miller
      on October 31, 2022 Reply

      Dear Richard

      Thank you for your enquiry.

      For us to be able to advise you on how to proceed, we will require some further information from you. Please call our office on 0161 274 5580 and a member of our team will be able to offer you specialist advice and assistance.

      Kind regards
      Geoffrey Miller Solicitors

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