In June 2014 the regulations changed so the content of this thread may be out of date. Please check the latest incarnation of the rules with DVLA before proceeding - they can change without notice
Here is the response called "Section 88" I don;t know what they mean by "application for a driving licence as I already have one?" Just to add my specialist had specifically issued me with a letter about my condition and specifically said that he feels I am in a condition fit to drive. I had then sent this to the DVLA when requesting permission to drive while they considered my case. BUT there is no indication that you need to have this. Just support from your doc.
In reply to your recent enquiry, I confirm that you have made an application for a driving licence. The law allows you to drive while your application is being dealt with, provided that:-
• your application is valid and was made less than a year ago
• your driving entitlement is not currently revoked or refused
• you would not be refused a liccncc for medical reasons (until DVI.A have completed their enquiries you should check with your doctor or specialist) • you have held a driving licence before
• you drive in accordance with your previous licence
• you arc not disqualified by a court
• you drive under the condition of the driving liccncc applied for, such as those applicable to provisional licences
If you choose to drive before a licensing decision is made, and are asked by the police to produce your driving licence, you may show this letter.
Last Edit: Jan 20, 2015 15:37:49 GMT by planetdave: Information contained in the post is legally out of date
Most of us don't need to inform the DVLA or insurance company about our ADHD (though you should check your insurance document to make sure - most only want to know about conditions that the DVLA want to know about).
You only need to inform them if your ADHD affects your driving - your psych or GP have a duty to ask if you drive if they think you are a risk.
Im still concerned about disclosing to my insurance company. If they decide to withdraw their insurance I wont be able to get to work and then Im buggered, I dont think I can afford for my premium to shoot up either. Ive been driving for 25 years, only two speeding fines around 10 yrs ago, only around 2 claims for minor bumps. I consider myself a careful and safe driver particularly post diagnosis and since starting concerta but do seem to have a poor sense of direction! I cant find anything in the direct line booklet, Ive just filled a M1 and intend to send it of shortly.
It's always down to their terms and conditions BUT
if you have been declared fit to drive then you DO NOT have a condition to declare.
What the DVLA cannot do is countermand the decision of a doctor - effectively that would defame the doctor and they could sue for libel.
The UK Gov site says
Check with your doctor if you’re not sure if your ADHD affects your driving. You must tell DVLA if it does.
If your doc says it doesn't then it doesn't and you don't need to disclose.
Nightmare scenario - if you declare you open the gates to hell.
They are TERRIBLE at sorting their stuff out - I've got a client who isn't driving because his doctor told them about his medication (list) and they withdrew his licence because of the ILLEGAL drugs he was taking ie NONE. They're all prescription and legal for driving.
He hasn't had a licence for over a year now and it's still rumbling on even though his doc has written AGAIN to back up the previous letter - but the various departments keep sending the case from one to another and nobody will resolve it.
NEVER tell any organisation about ADHD unless it specifically say 'you must declare ADHD' and they have a legal right to ask.
An insurance company might have in the past but since last June they can't (AKA shouldn't because it's illegal to pry into your medical affairs unless the DVLA says it's on the black list) because ADHD is only a bar to driving if a doctor, or yourself, says so.
before i was prescribed the correct medication, my affairs were a mess. so no big deal really - business as usual! i had someone who was helping me sort things out. they were effectively my agent for a while. one of the many un-opened letters was the photocard expiry letter. mine was well and truly expired! i'm quite sure that being represented by an agent when dealing with driving licences could itself set off some alarm bells. anyway, my helper kindly explained that due to ADHD, the card had not been renewed. oops. the call was transferred to the medical department...
the extra problem for me is that both consultant and doctor know about cannabis use. i'm quite open about it but now having my concerns. this had its own field on the form - 'illicit drugs'. i'm assuming any use is considered abuse. i haven't been drinking heavily in over six months so the 'alcohol use/abuse' (i forgot to scan the form) box was left empty. so with alcohol, what could be considered abuse? who decides, consultant or DVLA? And then lets look at the effects of medication. I take it to improve my abilities - who doesn't? At what point is a consultant going to inform the DVLA the patient is currently on medication and NOT under control. Maybe at the start of treatment or after changing medication, but this would surely be a temporary phase. Even cough medication has advisories on side effects and consequences - which is down to the user to adhere to. The most important part to understand, is that the Road Traffic Act does not discriminate between illicit drugs, controlled or regular prescribed medication or OTC remedies. If you are stopped and deemed not fit to drive, you have committed an offence and will be dealt with by the law.
So what are the DVLA trying to do by suggesting they can predict you will not be fit to drive a vehicle if you are stopped. The DVLA are not the law.
In theory, surely the only valid opinion that they can use is the mental state of the patient at the time of asking the consultant. Condition under control, stable on meds, etc.
It depends what your medic says - if they say no it's no.
Use of cannabis may be an issue - but it's similar to my alcohol use, if I'm not sober enough to drive then I don't but the fact that I 'use' doesn't preclude my driving all the time - it's a sobriety issue.
There is a bit more of a problem with cannabis in that it remains in the system longer and your doc might be anti. But if you're generally fit to drive then you should be given the choice to when you consider yourself fit (ie sober).
well both my GP and consultant are very happy with progress. the (hopefully) last sick note finished two days ago!
but planetdave, what strikes me is that they are not screening for dangers caused by illness or medication once they start asking you other things that may not be related. i used to have terrible issues with alcohol, but like yourself, i was very aware of my responsibilities to society and never once did both at the same time. my point/question is really that having disclosed, for example, that i drink eight cans of superbrew each night, may it then be a contributing factor to a disqualification, even though a report about my 'condition' provided by my consultant says nothing particularly bad?
if i drink excessively and it affects my abilities, i would expect my doctor to provide that information anyway and if i haven't informed my doctor i'm unlikely to inform the DVLA. i felt obliged to be honest because i am honest with my doctors and they could unknowingly reveal everything.
as far as cannabis goes, its a disappointment to see that there is no scope for ANY tolerance of such a well established and useful herb. when dealing with well understood strains and breeds it is entirely possible to use it with accuracy, i.e. known half life, stimulation or sedative, pain and digestive control etc. but thats another conversation really. i do also recognise many 'illicit drugs' are going to be detrimental to ones behaviour, when taken without knowledge or care.
i also agree with petra, i think i was an awful lot more impatient and aggressive before i took methylphenidate. i had a few problems when starting on it and gave driving a miss for a few weeks.
Last Edit: Jan 30, 2015 13:10:10 GMT by eonflux: spelling