Driving again after 1 yr seizure free

[DaSnapper]

Hi everyone this is my first post so go easy on me!

Last December I was diagnosed with Temporal Lobe Epilepsy after having several episodes of memory loss while asleep where I would forget almost everything I had done the previous day. Then I had a seizure while I was awake in a restaurant and I asked my partner why everyone was in boxes and started speaking in a word salad for a few seconds. Since then I have been on various different medications none of which I have found very enjoyable but Levetiracetam seems to be the one that is least objectionable. Anyway I will have been seizure free for a year on Nov 25th and having voluntarily surrendered my driving licence to the DVLA I have applied to have it reissued. This will improve my quality of life by a considerable degree as I'm sure you will all appreciate and I wondered if anyone has been through a similar experience? From what I can see there is no reason that I will not be given back my licence and so after Nov 26th I should be able to drive again under section 88 of the road traffic act 1988 until they actually get round to reissuing my licence but it is obviously slightly risky unless I can get someone at the DVLA to actually confirm to me that I will definitely get it back which is lets face it not going to happen. So if anyone has any advice as to whether I can drive under section 88 or if I should just stick it out until I actually get my licence I would be really grateful.

I have found the past year extremely challenging but I am aware that the type of epilepsy that I have is very mild compared to many others and so I feel kind of bad about asking about this subject since I know many people never stop having seizures and that theirs are much worse than a bit of memory loss, so my heart goes out to you.

With thanks in advance

[Why24]

Am not driving myself, nor have I applied to have my licence renewed, which I'd voluntarily surrendered in 2018. You seem to be on the ball, with a decent level of knowledge of the requirements. And if you're 100% sure you're unlikely to have any incident, looks ok.

But is notable that until you receive your actual licence, looks like a risk still exists.......

1. Proof that the DVLA has received your full and factually correct application, is really required to cover licence related issues, in respect to an incident

2. Proof the Dr has stated you haven't had a seizure in past 12 months, is really required to cover licence related issues, in respect to an incident

Depends on your attitude, if 100% sure you'll be absolutely safe driving, I'd drive. But worth bearing in mind all organisations / individuals always start to claim "x, y, z" if anything happens, thus you may hear the DVLA didn't receive your application, following an incident (Nb. Such does happen, have some experience in statutory enforcement, would be unheard of for any organisation / individual not to lie/distort the truth, when anything happens )

[DaSnapper in reply to Why24]

Thanks for the reply and your comments. Yes I see what you're saying. I think those 2 points you mention don't apply because the DVLA has already responded saying they have received my application and that is what counts, not that it is factually correct (from the point of view of being covered under section 88 - if they respond saying it is all factually correct that is basically when they send the reissued licence), and there is no way for the Dr to state that I haven't had a seizure since they can only go on what I tell them. Although as it happens I do have correspondence in which my Dr states that I have not had a seizure since November last year based on what I have told them so I guess that would suffice. I am absolutely certain I'll be safe driving since my seizures were all while I was asleep other than one when I was very very tired and had a bit too much to drink 2 nights in a row so I would not be driving under those circumstances anyway. The only thing I'm not quite sure of is whether I will be covered properly by insurance if I had an accident before receiving my licence back fully. I am going to attempt to call the DVLA on monday to clarify if possible (wish me luck!) Thanks again for your response.

[Shorehampete in reply to DaSnapper]

Hi.I went through the same situation when I was diagnosed with epilepsy 5 years ago. I was told that even though I met the criteria to get my licence back I had to wait until the DVLA had agreed to my request and they will only do that after contacting your neurologist. This ended up taking another 3 months after application. The only way to be sure is to login to the DVLA website and put your details in to the check licence section and you will see whether you have a current license.

Hope this helps.

[MikeyJ8nes]

Hi, I am currently going through a very similar situation. I was diagnosed with epilepsy in September 2023. As it stands my last seizure was on the 30/12/23, so I am getting closer to getting my license back. I have been in touch with the epilepsy specialist nurses at Walton hospital in Liverpool and they have been very helpful. I have just sent off my FEP1 & D1 forms based on their recommendation, they said the DVLA do have a tendency to take their time with processing the forms so get them in early. I have every intention of getting back on the roads as soon as I can. Based on what the nurses have told me there shouldn't be any reason I cant thanks to the section 88. I have been completely honest with my neurologist regarding my last seizure. I understand how dangerous this can be so honesty to the neurologist and to myself has been at the top of my list since day one. The way I see it is the DVLA have been informed by a medical professional that I am safe to drive. So I am going to trust the process. I do have some worries regarding insurance but I will just have to cross that bridge closer to the time. I would be interesting to know how you get on with getting back on the road. I hope it all goes well and everyone stays healthy! This has been a very tough year for me, I’ve actually had to leave my job and find something temporary until I get my license back! So I have set the day I can drive again as a big goal.

Im sure you already know everything I've just said regarding getting your license back so sorry for rambling!

Thanks.

[DaSnapper]

Thank you for this - I'm feeling the same way to be honest. I don't see any reason why the DVLA won't reissue my licence so I believe I can drive under section 88. I am going to do some more checks next week but otherwise I will be getting the car back on the road at the end of November. I'm so sorry you had to give up your job - I have managed to carry on with mine (handyman) by getting an electric bike but it has been extremely difficult and challenging and also dangerous, since car drivers don't like cyclists! Best of luck with your recovery and getting back on the road. By the way I looked at insurance quotes on comparison sites and there is nowhere to enter anything about section 88 so I am planning to say full uk licence held and tick the box which asks about medical complaints which the DVLA is aware of. I have done a test to see whether it makes any difference saying that the licence is valid for a year only and will then need to be reissued by the DVLA and it made no difference whatsoever to the price I was quoted. So my plan is to go down that route.

[johnearthman1]

I had been having memory problems for a while. had an MRI scan etc., but my neurologist could not find any evidence of epilepsy. I reported this to the DVLA who advised that I could continue driving.

However I had my first full seizure at the end of 2012 aged 67. I immediately surrendered my driving license. I was due to see my neurologist a few days later. He put me on Lamotrogine, which I have been taking ever since - 200mg twice daily. the side effects were not pleasant, but the frequency of seizures was low.. We also found that the side effects were affected by the brand of Lamotrogine and eventually found that GSK at least reduced the severity of side effects. However the seizures continued although still infrequent. Levetiracetam (Keppra) was later added - 500mg twice daily. My seizures stopped (they were all sleep related), However I then had an awake seizure and had to wait yet another year before getting my driving my driving license back in 2015. I loved driving and I had missed it so much but learned that buses gave me some degree of freedom to travel.

As for driving, yes it is possible to still have a seizure but one just has to be aware of it so any possible signs, stop - even a headache - just in case. Fortunately, this has not happened to me. I have to renew my license annually and have regular reviews with my GP, but it is worth it. However this year the DVLA has given me a 3 year license. I have found the DVLA very helpful in general (except, not suprisingly), during COVID.

Since you have had an awake seizure after sleep seizures, I would look closely for guidance from the DVLA. Try the following link which is very informative.

assets.publishing.service.g...

Good Luck

[DaSnapper]

Thanks for the reply. I too tried Lamotrogine but I developed a rash which can apparently be life threatening so I had to stop. I'm on Levetiracetam now. Your seizures sound quite a bit worse than mine since I have not had one for (almost) a year despite being on various dosages of various medication. Thanks for the link I will have a look. I am going to attempt to call teh DVLA to see what they advise.

[MikeyJ8nes]

Thanks for the information regarding the insurance. Best of luck with it all!!

[busylife]

Hello, DaSnapper. My situation sounds a bit like yours. I had my first nocturnal tonic clonic in Sept 2020, 'slight seizure activity' revealed in February 2021 during an EEG and a second nocturnal tonic clonic in June 2021. They started me on a low dose Levetiracetam in February 2021 and increased it slightly after the second tonic clonic in June 2021. I haven't had any further seizures so was able to reapply for my driving licence in June 2022.

As others have said you need to be sure the DVLA have received your application within the last 12 months. You also need to be sure that your doctor/neurologist agrees that they consider your condition is under control and that you are safe to drive.

After my first seizure in 2020 I was told that I was being referred for an EEG and also for an outpatient neurology appointment. NHS neurology waiting lists here in Northern Ireland are among the worst in the country. When I was speaking to my GP in April 2021 I asked her about the business of reapplying for my driving licence when I would, hopefully, eventually be a year seizure-free and she said to me more or less in the following words: "Well, to be honest, in my experience GPs are not going to be willing to sign off that you're able to drive again, even if you're a year seizure-free, unless you've been seen by a neurologist and had your condition of epilepsy officially diagnosed." I could see the sense in that. After all, how could a GP sign a piece of paper to say that my condition was under control if a specialist (the neurologist) hadn't actually officially diagnosed my condition? That is why I paid for a private neurology appointment because from what the GP said I realised that I could end up being a year seizure-free but unable to get the GP to sign off on the licence application form because I hadn't yet been seen by a neurologist. I was told in April 2021 that the waiting lists were 3 years for urgent cases and 4 to 5 years for non-urgent cases - I was considered non-urgent. In the end I paid to see a neurologist privately in Sept 2021 so that when I came to apply for my driving licence in June 2022 it was on my medical records that a neurologist had officially diagnosed my condition and since I hadn't had any further seizures since June 2021 it was under control.

I ended up driving without a hard copy driving licence in June 2022. The DVA told me that if stopped by the police and asked for my licence I should tell them it was being medically assessed, that I was allowed to drive under Section 88 and they would have access to the DVA records to be able to check that this was true. Because of the delays and backlog after Covid I still hadn't received my hard copy licence by early June 2023. I phoned DVA and asked what I should do as the Section 88 rules say that one of the conditions under which you can drive, while waiting for your medical licence application to be processed & issued, is that you must have lodged an application with the DVA within the previous 12 months. At the end of June 2023 my application would have been lodged over 12 months previously. They told me I had to resubmit the form DL1 (I think that's its name) just to keep the application active. I did that and my new licence arrived in the post at the beginning of August, just over 13 months after I'd reapplied for it. This Section 88 ruling is good to get you back driving in the UK, even though you don't have a hard copy licence in your possession, but it was no good for when we went abroad on holiday and hired a car. I couldn't have my name as a second driver on the holiday rental as I couldn't produce a driver's licence for the rental company.

My first medical licence issued in August 2023 was for one year but to my surprise this year, in August 2024, they gave me a 3 year medical licence, which is good.

I should've said that every time, during the driving licence application process, that I phoned the DVA I kept notes of the date and time I rang, the name of the person to whom I spoke, and what exactly they told me. I'd advise you to do the same for every time you contact them to see if your application is progressing. The person on the end of the phone doesn't know anything other than that your application "is with the medical assessment team" and that there's a delay in processing but it made me feel better that I had a record of contact with them that could prove I had indeed submitted an application under the Section 88 rules. All the best with your health and driving in the future.

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Was in same situation, 1st time 2018 surrendered my licence got it back and drove under section 88 as per the dvla letter and being comfortable I met the criteria, 2nd time my licence was revoked so on that occasion couldn’t drive under section 88 while waiting for licence, congrats to all of you who are due to get your licences back