National UK Motoring LawyersWe publish our success rates because we are proud of how many motorists we help…
DVLA Driving Licence Revoked?
Age and DVLA Licence Medical Revocation
Know Your Rights
At Patterson Law, we deal with a large number of calls from individuals whose licences have been revoked by the DVLA for a whole host of reasons; from drug and alcohol misuse & heart problems, medical conditions including epilepsy, failed vision tests and everything in between.
With these advice calls, we often notice certain trends which seem to appear, and the current very strong trend is leaning very heavily against older drivers.
Need help fast? Ask us a free question….
The Growth of Roadside Eyesight Testing
Three Police forces (Thames Valley, Hampshire, and the West Midlands) have teamed up with ‘Brake’ (the road safety charity) and Vision Express, in order to set up an initiative to carry out roadside DVLA eyesight tests.
Roadside eyesight tests are not a new phenomenon, however this particular initiative sees every single motorist stopped by officers required to undertake the reading of a number plate from 20 metres. If the motorist fails, the Constable has the power to report the individual to the DVLA and request an urgent and immediate revocation of the motorist’s licence.
In the first two years of this power being operational, over 600 motorists had their licences revoked at the roadside by the Police; which shows a staggering number of people whose fitness to drive does not meet the DVLA medical vision test standards.
However, many of these people may have had no idea whatsoever that their eyesight was not up to the DVLA medical standard, and as such the immediate revocation of their licence would have come as a massive shock as they are left stranded at the side of the road, unable to drive their vehicle home.
The DVLA’s medical minimum eyesight standards are clearly laid down in their guidelines, and are surprisingly lenient. In good daylight, a motorist must be able to read a standard number plate at a distance of 20 metres.
Further, a driver must have ‘visual acuity’ of Snellen 6/12 in both eyes – this means that the person would have to approach a letter at 6 metres to be able to read it where a person with normal acuity would be able to read it at 12 metres.
Do you depend on your driving licence for your job? We can help defend allegations…
Google Rating
-
I contacted Patterson Law when I received a FPN. Rachel and Danny got back to me very promptly with thorough written advice … More and responded each time with my follow up questions. Professional, responsive and informative. They really helped me make an informed decision. Thank you.
-
I had excellent help and representation from Patterson Law with a speeding matter for which I had to attend Court. Prior … More to my Court date Jonathan Guscott was extremely helpful in giving me advice and direction as to how to best prepare for my hearing and what things would be helpful to take with me.At the hearing itself I was represented by Daniella Adelowoye whom Patterson Law instructed on my behalf. Daniella was excellent giving me ample time to go through matters with her before my time in the Court and also made me feel comfortable about the process in Court and what to expect. She understood my case superbly, as did Jonathon, and I found her extremely knowledgeable and I felt very reassured having her with me at Court. I would have no hesitation recommending Jonathan, Daniella and Patterson Law in general to anyone needing similar representation to myself.
Older Drivers vs. the ‘Driveability’ Scheme
Through our free DVLA Medical Advice service, we deal with a number of older motorists whose licences have been revoked due to cognitive impairment and visual inattention amongst a host of other reasons.
However, older drivers will only flag up on the DVLA’s radar if they are reported for a medical condition, either under the obligation to self-report, or by a third party (usually a medical professional).
However, we are seeing more and more instances of individuals who have been sold down the river by the Police under the guise of an ‘alternative to prosecution’.
Patterson Law have been involved in cases with both Dorset Police, and Norfolk Police, where a new ‘driveability’ scheme had initially been piloted. This has now been nationally rolled out through police forces in England & Wales.
The scheme works as follows: Mr A, an older gentleman (currently the schemes apply to drivers over 70, however this age may lower with time), is involved in a minor road traffic incident.
The Police investigate the incident, and deem that there is sufficient evidence to charge Mr A for driving without due care and attention (careless driving), and so they issue out a notice of intended prosecutions.
In the letter to Mr A, they offer him 3 options:
1. Contest the matter and take it to Court – The police warn Mr A that if he is found guilty there will be hefty fines and costs; 2. Accept a fixed penalty – This will be 3 points and a £100 fine; 3. Attend a ‘DriveAbility’ driving assessment – The police explain to Mr A that this is by far the best option; it means that the prosecution will be stopped, no points on his licence, no fine, and no need to attend Court. The only very minor catch is that he needs to do a tiny driving assessment.
Mr A accepts Option 3, which sounds like a great deal! He attends the assessment centre (run by the DriveAbility charity) with a friend and first has to undertake a cognitive assessment with an occupational therapist. After a rigorous and in-depth cognitive assessment including reaction times, comprehension, attention, and reasoning, he is then taken to the test car.
Mr A is asked to drive for 30-45 minutes in a vehicle he is not familiar with, on roads that he is not familiar with. Mr A is assessed by both an approved driving examiner as well as an occupational therapist on reaction times, safety, response to commands, response to criticism/suggestions, amongst other things.
At the end, Mr A is told that he has failed the assessment. He drives home frustrated, but thinking nothing further of it.
A few weeks later, Mr A receives a letter from the DVLA informing him that they have received a report that his fitness to drive does not meet the standards required by the Honorary Medical Advisory Panel, and as such his entitlement to drive is permanently revoked – a huge and unexpected blow for him.
Whilst the scheme itself comes with admirable intentions (and with the support and backing of the former Downton Abbey Actor Lord Julian Fellowes), there is an element here of tricking older drivers into shooting themselves in the foot.
If Mr A had accepted Option 2, he would have had 3 points on his licence and would have continued to drive. Although on the flip side, he may not have been safe to drive and could have posed a danger on the road.
If Mr A had accepted Option 1, he may have been able to cast doubt on the prosecution case and prove that his standard of driving did not fall below that of a reasonable and competent driver, thus showing he is not guilty of the offence. However, the Court can only adjudicate on the conduct alleged, and even if not guilty it cannot be conclusively proven that Mr A is fit to drive the rest of the time.
This is therefore a very difficult situation for older drivers, as many may see Option 3 as a form of diversion away from prosecution in the same manner as a Speed Awareness or Driver Improvement Course. However this is not the case, and a DriveAbility assessment has the potential to result in a far worse outcome for the motorist than 3 points and a fine.
DVLA Revoked Licence
If you have failed a DVLA DriveAbility Course please CONTACT US using the button below and speak to us for a free, no obligation advice call. We may be able to help you get back on the road.
Testimonials
I wanted to thank you for all the good and diligent work you have done on my behalf. I am very pleased with the final outcome of my court case and most satisfied with the level of service you provided.
Dear Louise, I would like to express deep appreciation for all the work and effort you've put into my case and for ultimately getting me the decision that I wanted. Your professionalism, ease to communicate with, understanding of my problem and successful result are all testimony to your excellent legal services. I would recommend anybody with a Road Traffic Offence matter to your use your firm as they can be assured of an excellent and thorough service. Thanks again.
Having Googled for a solicitor who had expertise in the area of my alleged offence I found your firm and I have to say it I am so glad I contacted you. From the first phone call the attitude from your office was positive and informative. Once I instructed your firm officially I immediately felt that my case was at last being handled by someone who actually had an interest and knowledge and wanted to provide an exceptional service. All in all a positive experience. My thanks to all who had dealings with my case and especially to Louise for the expediency with which she dealt with the case saving me many sleepless nights. Very professional, honest from the outcome, didn't raise my hopes at getting case discharged at all. Very well done.
It is extremely rare to do a web search and stumble across a firm of any profession, and actually receive a first rate service, but that’s what’s happened in this instance. My hesitation was doubled by the fact they are located 200 miles away from me. From my initial contact through the web site, the call back was very, very fast, and the conversation put you in no doubt you were in safe hands. The contact with the secretaries was fast and efficient. The information from both the Principle Solicitor Emma Patterson and the Solicitor and Senior Case Progression Officer Louise Kippax was professional, useful, thorough and pragmatic. I wish more people in all professional services sector were as down to earth, and say it like it is! Overall, I would have no hesitation in recommending this firm. Thank you!
Great Response, Great Advice, Great Service and … Great Result – Thanks.
Frequently Asked Motor Law Questions
See All Frequently Asked Question Offence Categories Here
About Us – See here for details about our law firm.