The DVLA appear to have taken my HGV license away from me. I am a type 2 diabetic and have to take insulin. There is supposed to be three stages, regarding getting your license back. The DVLA have only done two stages and taken my license away, without going to the third stage, where you see an independant consultant who specialises in diabetes. I have emailed the DVLA on several occasions, but just get told it is with a team of people and that it takes a long time to answer. I have been waiting for about 7 months overall and I have also been told that I can go to a Magistrates court. The only problem is that I am not sure what I am supposed to do in a Magistrates court. Has anyone been in this situation and possibly help me?

Thanking you

The DVLA appear to have taken my HGV license away from me. I am a type 2 diabetic and have to take insulin. There is supposed to be three stages, regarding getting your license back. The DVLA have only done two stages and taken my license away, without going to the third stage, where you see an independant consultant who specialises in diabetes. I have emailed the DVLA on several occasions, but just get told it is with a team of people and that it takes a long time to answer. I have been waiting for about 7 months overall and I have also been told that I can go to a Magistrates court. The only problem is that I am not sure what I am supposed to do in a Magistrates court. Has anyone been in this situation and possibly help me?

 

Thanking you

You may find yourself "between 2 stools".

The DVLA may claim that they haven't (yet) refused you your license back but are still processing your case.

Who told you (and when) that you could appeal to the Magistrates? If it was when they first revoked your license then I suspect an appeal based on "incorrect revocation" is doomed to fail, as clearly their guidelines allow them to do so. An appeal must also be made within 6 months of the adverse decision.

If they made a decision to refuse you a license, then again you could appeal. You'd have to show that they weren't following their own guidance, and have the support of a Consultant Diabetologist's evidence.

I helped a friend who had had a Group 1 (so car, not vocational) license. Their license was revoked on medical grounds (a neurological condition, not diabetes), and they didn't apply again / appeal for many years, as the wording of DVLA's standards were "condition completely controlled". Their condition is never likely to be "completely controlled", but they weren't a risk as they would be aware of an episode looming and could pull over and stop...... however, the standards didn't reflect that, until they were changed to read "adequately controlled".

Once the standards changed they re-applied having been seen by a hospital Consultant (who found no reason for them not reaching the required standard), but it took from June until December (and lots of chasing!) as DVLA were "very busy", and "the documents are with the medical advisors" with "no decision yet". The license was sent out 17 weeks and 6 days after DVLA received the final medical report .....

They have an 18 week target time from when they have all the evidence in, but even so that is merely a target .......... and once the 18 weeks is past they could just say "ohh, it is a target, not a limit".

Another issue you'll face if you did go to court is that not only are the standards higher for Group 2 / "vocational", but the Magistrates are likely to be more cautious given the greater risks with PCVs / HGVs. So, you'll need to show that you meet the standards, and aren't a risk.

https://www.gov.uk/current-medical-guidelines-dvla-guidance-for-professionals-conditions-d-to-f

Group 2 entitlement vocational – lorries, buses

 

May apply for any Group 2 licence. Must satisfy the following criteria:

 

• no episode of hypoglycaemia requiring the assistance of another person has occurred in the preceding 12 months
  
• has full awareness of hypoglycaemia
  
• regularly monitors blood glucose at least twice daily and at times relevant to driving, (no more than 2 hours before the start of the first journey and every 2 hours while driving), using a glucose meter with a memory function to measure and record blood glucose levels. More frequent testing may be required if for any reason there is a greater risk of hypoglycaemia for example after physical activity or altered meal routineAt the annual examination by an independent Consultant Diabetologist, the last 3 months of blood glucose readings must be available
  
• advised to use a modern blood glucose meter which has a memory chip
  
• must demonstrate an understanding of the risks of hypoglycaemia
  

There are no other debarring complications of diabetes such as a visual field defect.

If it meets the medical standards a 1 year licence will be issued.

So, have you seen a hospital consultant Diabetologist?

Have you got 3 months (at least twice daily) of blood glucose readings available on a meter with a memory function?

Have you had your visual fields checked? diabetic retinopathy screening? do you have any peripheral neuropathy? : any report should cover these.

Have you asked to have a 'controlled exposure to hypoglycaemia' in hsopital so that you can demonstrate you would be aware of an impending hypoglycaemic episode? (some diabetics found they had reduced awareness of impending attacks with certain insulins, so if you did have reduced awareness ask to change insulins... but this might 'restart the clock' on the process!)

If the current delay is "being seen by an independant Consultant Diabetologist" : can DVLA or your current hospital Diabetologist advise who it is you should be seeing so that you can arrange it?.

As for my friend : we asked a Magistrate friend of ours for advice. They noted they weren't aware of their Bench ever having heard an appeal against a DVLA refusal, but suggested fully complying with DVLA's process and trying to get DVLA to make a decision, only going to court if there was a refusal or it was well over the 18 weeks limit .... and even then only if the appellant could show DVLA had breached its own guidelines (so an arbitrary or irrational decision rather than 'rule of law')

A concern of mine was that the sole person who can make the decision is the Secretary of State, and through them, their advisors. I was worried that if it went to an appeal they might say "it is our sole decision", which would make an appeal a rubber-stamp. The counter to this is that by Parliament creating the appeals process, it cannot be a mere rubber stamp : the court must have the ability to direct the Secretary of State to (at least) reconsider the decision.

If you did decide to go to court to appeal either a refusal or a "de facto refusal by not reaching a decision", given the appeals process seems so rare, consider finding a solicitor who specializes in Road Traffic law, ideally one who has seen such appeals before.

Sorry I haven't got much more constructive to add : My own experience with DVLA trying to help my friend was like wading through treacle.

See also my posts as part of these 2 threads:

http://www.consumeractiongroup.co.uk/forum/showthread.php?385697-DVLA-Medical-Complaint-Unfairly-Revoked-License

http://www.consumeractiongroup.co.uk/forum/showthread.php?423019-DVLA-Medical-section-had-brain-tumour&p=4521469#post4521469

Record your calls for your own notes. Photocopy any documentation you send DVLA for when they claim they have lost it, and send it Special Delivery for when they claim they never received it!.