Diabetic licensing
Page 37
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I am an owner-driver and, though an insulindependent diabetic for 12 years, I have held an HGV licence without any problems. The Licensing Authority took my licence away in January and I would like to know what right he had to do that without a report from my specialist. I am still waiting for a final decision on the matter.
A Before 1 April the Licensing Authority had power, under Section 113(2) of the Road Traffic Act 1988, to suspend or revoke an HGV licence on the grounds that the holder was not fit to hold the licence due to a physical disability. When you obtained the licence the regulations required that you did not suffer from a disability likely to cause your HGV driving to be a danger to the public.
While you may not have had any problems during the 12 years mentioned, unfortunately the weight of medical opinion is that driving by an insulindependent diabetic involves a risk to himself and other road users.
On medical matters LAs take advice from the Driver and Vehicle Licensing Agency at Swansea, whose medical advisors are guided by the booklet Medical Aspects of Fitness to Drive
produced by the Medical Commission on Accident Prevention.
It points out that, at some stage, most insulin-treated diabetics suffer from hypoglycaemia causing double vision, confusion of thought, errors of judgement and unconsciousness.
EC Directive 1263/80 — which the UK has to follow — states that driving licences for large goods and large passenger vehicles should not be granted or renewed for persons who are diabetics needing insulin treatment.
But it provides that a person who obtained a licence before 1983, under less stringent conditions, may have his licence renewed under those conditions.
On 1 April the LGV and PCV driving licensing law changed considerably. An LA will no longer be concerned with drivers' medical conditions — they will be dealt with only by the DVLA.
One of the changes is that a person suffering from insulin-treated diabetes must have his existing LGV or PCV licence revoked unless the LA knew of the disability before 1 January 1991. And an application for an LGV or PSV licence by such a person must be refused unless the LA had similar knowledge of the disability.
If your HGV licence was granted before 1983 and
the LA was aware of your insulin treatment at that time, your right to continue holding the licence appears to be preserved by the EC Directive.