When should s.o. suffering from SCA give back he... - Ataxia UK
When should s.o. suffering from SCA give back her/his driving licence ?
never just keep it and don't use it it is one of the few photo ids that are accepted at some places
Very good advise from Johnpa,I gave up my licence when my driving became dangerous but regret it now for identity purposes (I don't have a passport).
Very good point. I often find it useful to use my drivers licence as proof of id.
The problem may be if I am forced to give it up when (if...) my condition progresses to the point where I can no longer drive.
Does anyone know what the law is on this point?
Hi Wyndham.....have had a look at the DVLA site and the rules about driving licences.
Have just downloaded the form to inform them about my SCA.....even though like you my driving now is of a good standard.....you have to inform them of the condition.....its in their rules and in the list of notifiable conditions.
I dont want to tell them but you have to apparently.
if you have CA and do not inform that is illegal. you make your driving insurance invalid so I informed my insurance co as well. you may need h blue badge even if you do not drive as you may be driven by other people to somewhere The DVLA are taking over 6 months to decide if I can have a driving licence so I wait and see. I just drive locally now as the car is my legs. all the best Sylvia
Wyndham as far as i know it is ok to just keep it as a form of id but you have to notify the dvla about your condition I did passed the medical but didn't feel safe to drive was issued a licence for 3 years then they renewed it until I am 70
As johnpa said, if you are diagnosed with a progressive ataxia, you are legally required to inform the DVLA of this. It is their responsibility then to assess if you are fit to drive or not and renew or revoke your licence as appropriate. If the DVLA inform you that your licence is to be revoked, you must, under law, surrender it.
Surrendering your licence removes the need for the DVLA to make formal medical enquiries into your fitness to drive. However I am unclear, if you have stopped driving yourself and will not drive again, whether you are required by law to surrender your licence. Obviously, if you are caught driving and you haven't told the DVLA about your diagnosis, you are breaking the law and expect to face serious consequences. Likewise if you are supervising someone driving, a learner for example or anyone who doesn't hold a full driving licence, and the DVLA have not declared you fit to drive.
There are two other situations as I see it.
1. As in johnpa's case, the DVLA have renewed his driving licence thereby saying, in their opinion, that he is fit to drive. But he has taken the decision himself that he is not safe to drive and so has stopped from his own volition.
2. Although you are diagnosed with a progressive ataxia you are not driving or decide to stop driving completely and, as you are not driving, you do not tell the DVLA.
So, are you required to surrender your licence when you have stopped driving and will not drive again, whether the DVLA know about your condition or not? I cannot find any information to say you are legally required to do so but that doesn't mean to say it does not exist. I have written to the DVLA to ask them and will let you know their response.
Hi Jurgen
This is the response I had from the DVLA.
'The law requires someone to tell the Driver and Vehicle Licensing Agency (DVLA) about any condition that may affect their ability to drive safely. If they are involved in an accident and it is found that their health condition was a contributing factor, they may be prosecuted and their insurance may not be valid.'
You didn't say in your question whether you have informed the DVLA or not that you have SCA. My interpretation of the response is that if you have a driving license and you have SCA, whether you are continuing to drive or not, you are legally required to inform the DVLA you have the condition. If they consider you to be unsafe to drive they will revoke your driving license. Whilst I appreciate the sentiments above about keeping your license for ID purposes, that is not what the driving license is intended for and if you keep it without informing the DVLA of your condition you are running the risk of prosecution.
Harriet
Hello Harry,
thanks a lot for your answer..
It makes sense that "the law requires someone to tell the Driver and Vehicle Licensing Agency (DVLA) about any condition that may affect their ability to drive safely"
One of my German friends tells me that there is no such law
in Germany.
That´s because of the Nazi-regime , I think, when the authorities might imprison
and murder people diagnosed with a progressive ataxia,
Regards
Hi, Harriet. I live in Indiana in the US, so I would not expect you to express any kind of legal opinion about what the driving laws might be here. Rather, I am wondering if you might be able to give me a sort-of common-sense evaluation of what I have been doing here concerning my Driver's License. I drive only on rare occasions, but do not feel that my lack of balance affects my driving ability. I asked my family doctor if she believed that my SCA, at this time, could be placing me, and others, at risk when I drove. She said that it was her opinion that it was not. She suggested, though, that I check with the Indiana Department of Motor Vehicles. Fearing that I might get a real beaurocratic run-around from people who probably never heard of Ataxia, I have currently avoided seeking their advice. I do not want them to give me a sort-of knee-jerk response, such as that they will suspend my license until I send them medical proof that I can safely drive. It seems fairly likely to me that they could put the burden on me to prove, probably medically, that my SCA is definately not, at this time, negatively affecting my ability to drive safely. My worry is that I may not be able to get that proof. After all, will any doctor be willing to make such a guarantee when it could open them up to being sued should I get into an accident? My common sense tells me that there are two things that might be the smartest thing for me to do right now. First, I could talk with a few Criminal Attorneys to see what they would advise me to do in order for me to reduce the possibility that my SCA diagnosis could cause me to experience driving-related legal issues. Or, a somewhat less expensive option might be for me to closely monitor my own driving skills, and to ask my doctor and friends to let me know the minute that they might notice anything about my behavior, reactions, etc., which might cause them to become concerned about how safely I can drive. In other words, I am thinking that, until I have even some small specific reason why my SCA should cause me reason to be concerned about how safely I can drive, wouldn't notifying Motor Vehicles about my SCA diagnosis be like crying fire before I even see smoke? I would never let my driving place anyone in danger. But might not I be putting my driving privilidges in extreme danger if I go to the Department of Motor Vehicles screaming that I've got Ataxia? Am I making even some sense to you? I'd really appreciate your thoughts about my situation. And, as I said, I am looking less for a strictly legal view than for what the average reasonable person might say, or do, were they in my situation. Thank You.
Hi
Thank you for your question.
I am not a lawyer so am not qualified to offer a legal opinion on any level. There are a list of conditions which can be viewed on the internet that are notifiable to the DVLA in the UK. Ataxia is one of them. It doesn't specify how progressed the ataxia is, just that you know you have it. I think the first thing you must do is find out if it is a legal requirement in Indiana to tell the Indiana Department of Motor Vehicles that you have ataxia. If it is a legal requirement surely common sense dictates to abide by the law.
If it is not a legal requirement to inform the Indiana Department of Motor Vehicles that you have ataxia, which I would hope your doctor or the National Ataxia Foundation would know or at least be able to find out on your behalf, you then need to weigh up the risks, in particular the risk of having an accident and how your insurance company will behave if you haven't informed them that you have a medical condition, and what level of risk is acceptable for you individually to take. Remember, you can be the safest driver on the road but you can't account for the safety of driving of others. However you look at it you would be taking a risk not informing anyone that you have ataxia but the level of risk which any one person will be comfortable in taking will be different for every 'average reasonable person'.
Best wishes
Harriet
As I am over 70 I have to renew my licence every three years This year they have written to my GP and as yet have not made a decision about renewal they are more concerned about my implanted cardiac device which I have had for over a year I have given up driving but as with most things Iam concerned about losing my licence even though I don't use it. after all you never know in case of emergency I might have to drive the car[for instance my husband recently had a problem with his foot and I may well have had to collect him from hospital]Will let you know of DVLA's decision.
Will let you know of DVLA's decision.
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Thanks "laddie"
Actually, knowing that I might be a danger to others ( kids particularly) and
knowing how much I love driving I gave back my licence.
But, it still hurts.l
Regards
.Purely a further loss of my independence.I am still struggling with my condition.
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Hello "laddie",
that´´s my problem too.
Particular ly, as there´s NO cure of SCA
The wheel.chair is waiting already.
Regards
The Problem is not knowing how quickly things may get worse and the lack of advice I have been waiting fo three months for an appointment at the rehabilitation centre during which time I have become considerable worse.By the time I see them my gp'sreferal letter will be out otf date No wonder we get frustrated when the wheels grind so slowly.
A friend of mine ( an SCA- sufferer as well ) recently mailed:
we "SCA-people" shouldn´t look back, we shouldn´t look ahead
we should just live
Have been mailing with our Harry about the rather unfair treatment
of Ataxians in Britain - even of those of us whose SCA is NOT
caused by alcohol.
Regards
