Cl One of my drivers has discovered, since obtaining his hgv
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licence, that he is a diabetic. He is now on insulin, but his condition is stable and well controlled and he has never suffered from hypoglycaemia. We notified our insurers, who required a medical certificate;
this was subsequently supplied and they confirm that he is fully covered. What concerns us is that his hgv licence comes up for renewal next year and we have heard that it may well be automatically refused because of his condition. What is the exact legal position on this?
AThe requirements relating to the physical fitness of drivers are contained in Section 87 of the Road Traffic Act 1972. It is stated that an application for the grant of a driving licence shall include a declaration by the applicant stating whether he is suffering from, or has suffered from, any prescribed disability or any other disability likely to cause the driving of a vehicle by him to be a source of danger to the public; "disability" includes disease.
The prescribed disabilities are set out in Regulation 22 of the Motor Vehicles (Driving Licences) Regulations 1976. They do not include diabetes as such, though sub-paragraph (a) prescribes "sudden attacks of disabling giddiness or fainting . „ — always a hazard even if not experienced — can be included in this paragraph.
Be that as it may, your driver is bound to declare, under the requirement of "any other disability'', that he is diabetic ... He should do this as soon as possible.
That is not to say that there will be an automatic revocation of hr licence.
The Licensing Authorities always try to deal with hgv licence matters relating to persons not completely physically fit with sympathy and understanding. But the type of work on which the driver is engaged will be taken into account.
Therefore, the fact that your insurers, after the supply of a medical certificate, are prepared to accept him as a driver certainly a big point in favour. Another factor might the extent of his driving exi rience and the condition of licence — if it is free fri endorsements, for instance.
When writing to the Lice ing Authority informing him the change in physical cor tion, your driver should suppl medical certificate or coven letter from his doctor to sh that his disability is prope controlled. A further letter, fri yourselves, as the drive employer, attesting to 1 quality of his driving, yi eagerness to retain his servii and an endorsement of responsible attitude to control of his condition wo help.
It might be that the LA s ask your driver to appear a public inquiry before he makE decision about his licence. Y1 driver would benefit if you co accompany him.
Your driver should a consider whether he ought inform the authority wh issued his car driving licence the change in physical cor tion.