Driving Licence Application

[busyfool]

In Jan 2022 I reapplied for my driving licence having had it revoked due to a brain tumour diagnosis in Dec 2020.

I had successful surgery to remove the tumour in Mar 2021 and underwent voluntary radio and chemo therapies, with the latter finishing in Jun this year. My tumour (low grade) caused seizures which unlike conventional 'epileptic type' seizures, resulted in my inability to speak for less than a minute. Never the less my GP requested that I don't drive until the cause of the seizures could be investigated further. I have followed this guidance robustly.

Having continually furnished the DVLA with medical details throughout this year, I had verbal confirmation from the DVLA in August that they had all the necessary medical detail to make a decision since early May but my case had not made it to the top of the pile yet. Last Friday I called the DVLA again to request an update only to be told my case was being looked at this week (I was delighted).

Today I received a letter to inform me that my licence application had been refused. I am totally astounded and devastated. The logic from the DVLA is that I need to wait 1 year after the completion of my primary treatment.

Reinstatement of my licence marks a significant milestone in my recovery, getting back to some form of normality. Without this, recovery seems further away than ever.

As the treatments post surgery were optional, I wouldn't class these as primary. I intend to appeal this decision via the Scottish Sheriff courts but have no idea how. Has anyone had any experience of this.

[pinkvision]

You could ask a local charity that knows Scottish law. However if it's the same up there as in the rest of the UK the legal system has got a backlog that runs into years, so you may get your licence back before any hearing. No harm in asking though.

[AndrewT]

Dear busyfool,

I was never a Driver, so I can't really comment...... However I would perhaps, if I were you-which I'm not of course- simply ask the DVLA to give you a Re-assessment/ Re-appraisal. Point out, the 'Things;, that you have 'Said' here, as your Basis.

Well it has to be Worth A Try, at least.

AndrewT

[Theosnan]

We live in Shetland and my son had to have a driving assessment before he could regain his licence having suffered a TBI in 2018. This doesn’t have to be taken in Scotland it can be taken anywhere in UK, he took his in Hertfordshire. I would speak with DVLA and ask them if it’s possible to get an assessment that way you’ll hopefully you’ll get back to driving sooner without having to go through the Scottish legal system.

[APAscot]

I’m not sure when you last had a seizure but I do know I had to wait a year after my seizures before I could drive. I live in the south east so do not know your rules and regulations. My last seizure was in June 2016 and thankfully nothing since but that year seems endless, so I feel your pain. Have all possibilities been exhausted regarding possible causes? Maybe your GP feels more investigations are required? Good luck!

[Pairofboots]

Hi, this decision maybe based around you experiencing seizures linked to the tumor. DVLA usually expect a year of being seizure free before issuing a licence.

[busyfool]

Thanks for all there replies. DVLA state I need to be treatment free for 12 months. Last seizure was pre- surgery almost 2 years ago. Worried when I get to the 12 month point I’ll wait another 10 months for a decision. Still intend to challenge the primary treatment but though.

[Skulls]

Hi Busyfool,

Whilst you live in Scotland, the department that is causing you difficulty is in Wales so I suggest you make contact with the Parliamentary and Health Ombudsman who does investigate such matters (see the case via the link: ombudsman.org.uk/about-us/o... )

Good luck!

[busyfool]

thanks Skulls, I’ll check out the article.