Have I Broken the Law?

[Straitman]

in 2022 I was diagnosed with Heart Failure (HF) and, subsequently Atrial Fibrillation (AFib). On both occasions, I asked the medic whether I should report my medical condition to the DVLA and, on both occasions, I was told firmly, “No!”. I accept that I should have looked this up myself. However, with all the stress and anxiety of the diagnoses and, getting used to new medication, I didn’t.

A little over three weeks ago, I had an ICD implanted for what was described as ‘prophylactic reasons’. After the operation I was given an information sheet. This stated that I could not drive for one month. I should then tell the DVLA about the implant. The month is up on Friday this week and, in preparation for that, I went onto the DVLA website yesterday and found the online form DEFIB1. This is a 5 page form that can be completed online and returned electronically.

Reading through the form, I came to a section relating to why the implant was necessary. I then realised that I should have declared my AFib previously. This changes the process. I still have to complete the form ICD FORM HI but, also need to complete a different form telling the DVLA of my AFib on Atrial Fibrillation/Flutter form H1.

The penalty for not informing the DVLA of AFib is a £1000 fine.

Has anyone out there been in the same situation? What was the outcome? What should I do?

[Lowerfield_no_more]

It seems to me, from what you have said, that by not advising the DVLA of your AFib back in 2022, although you were working in good faith with the advice given by your medics, the onus of responsibility is nevertheless with you and I would say you have been in breach of DVLA regulations. As far as your next steps, I would try to discuss this with someone at the DVLA and explain the circumstances, rather than go ahead and fill in online forms, and you might find a more sympathetic response to your situation rather than fill in forms online and then suffer the consequences when the hare has started running. The other option is to stop driving which may be completely impractical for you. And if you do intend to carry on driving, not informing the DVLA of your medical conditions is certainly an option that I would not recommend at all.

[SpeckledCoast]

The requirement on the DVLA website seems to be somewhat subjective, saying ...

"You must tell DVLA about your arrhythmia if one of the following applies:

(1) you have distracting or disabling symptoms

(2) your arrhythmia means you might not be able to safely stop or control a vehicle.

Talk to your doctor if you’re not sure if your arrhythmia causes other symptoms that will affect your driving, or if you must tell DVLA about them."

I have paroxysmal AF & have also been advised by medics that DVLA notification wasn't necessary on the grounds the condition is controlled well with medication. My interpretation of the last para - "talk to your doctor....if you must tell DVLA" is that your doctor's opinion is key to whether or not the condition should be notified. If the condition has never caused you to be "distracted or unable to control a vehicle" & medics have deemed notification unnecessary then my interpretation is that you probably haven't broken any law.

[Straitman in reply to SpeckledCoast]

Thank you Speckled Coast and you’re absolutely correct. Further, if gives me the opportunity to bring my original posting up to date. I bit the bullet and spoke to the DVLA. This is easier said than done. I used my mobile phone to make the call and, fortunately I have the phone on a contract that includes 500 ‘free’ phone minutes. Just as well, because it took me so long to track down the person I needed to speak to that I used up 20% of my call allowance. The story turned out as you describe and, there is no need to report AF to the DVLA unless, you have any of the conditions or events you covered. Therefore, all I’ve needed to do is tell them of my ICD being fitted via the online form DEFIB 1. Obviously, if anything changes and you get dizzy spells, arrhythmia etc, you must tell them.

[SpeckledCoast in reply to Straitman]

Thank you Straightman. I'm so pleased it's worked out and your mind has been put to rest. Without writing war & peace (which I could!) I've had previous, nightmarish, dealings with DVLA on another health issue which, it turned out, didn't need to be notified. My licence was revoked for 3 months, December to March - how long it took to address the matter because of their appalling backlog of work. In the event it was a mistake on their part. Lesson learned in that I'm very careful these days about what I share with DVLA & get my facts straight first!

Very best wishes.

[Straitman in reply to SpeckledCoast]

i’m sure you’re right SC.? My real concern is that there is often a lack of clarity when it comes to dealing with any Government agencies. This can lead to someone finding that they are in the wrong.