REVOCATION UPDATE
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Drivers suspected of coronary health problems no longer need fear the withdrawal of their LGV licence without warning, In April the law was changed so that a driver retains his or her licence while medical enquiries are made. This reverses the previous requirement which insisted that DVLA Medical Advisory Panels, appointed by the Government, should revoke the licence pending the result of a medical investigation.
Drivers suspected of heart conditions no longer have to submit to coronary angiography, the angiogram, which might have links with senility. The DVLA says ECG exercise tests will be undertaken no earlier than three months after a coronary event: "Provided the driver displays no angina, breathlessness or other significant symptoms, he will be allowed to retain his licence while investigations are made. However, he should only continue to drive during this period with the full support of his doctor."
Changes are also proposed to the epilepsy regulations which should allow anyone who has not had a fit for the past 10 years, or token medication, to drive. Legislation is expected this autumn.
The DVLA says it is treating compensation claims on a "case by case basis" but cannot make any further comment because court cases are sub judice.
Drivers have a right to appeal against the loss of a vocational licence on health grounds. If the licence was issued by the DVLA the procedure is explained in the Road Traffic Act 1988. If it was issued by the Traffic Commissioner the conditions are described in Schedule 1 of Road Traffic (Licensing and Information Systems) 1981, In Scotland appeals are made to a Sherriff and must be lodged within 21 days of notice of revocation. In the rest of the UK appeals are heard by magistrates and applicants have six months to apply. Losing on appeal can result in hefty legal fees.
However, the Road Haulage Association, the Transport and General Workers Union and the United Road Transport Union are calling on the Department of Transport to allow drivers to appeal to a DSS medical board instead of the courts.