On 20 July 2022, the law changed to enable healthcare professionals other than doctors (registered with the General Medical Council) to complete DVLA medical questionnaires following notification of a medical condition that may affect an individual’s driving, DVLA has announced. The change to the Road Traffic Act 1988 now allows doctors to refer medical questionnaires to colleagues from other professional bodies. The change was informed by a public consultation where 82% of respondents were supportive of the change and it forms part of an approach by DVLA to speed up elements of the medical licencing process while reducing the burden on doctors.

By law, all drivers must meet the medical standards for fitness to drive. Often, other healthcare professionals such as nurses or opticians will be involved in patient care and this change in the law allows these and others to complete DVLA medical forms following deferment by a doctor. DVLA will continue to send questionnaires to GMC doctors and consultants, and it will then be up to individual GP practices and hospital teams as to which healthcare professional in practice is best placed to complete it.

The change to the law allows medical professionals  from the following Councils to complete medical questionnaires on behalf of doctors:

• General Chiropractic Council
• The General Optical Council
• The General Osteopathic Council
• The Nursing and Midwifery Council
• Health and Care Professions Council

The change to the law does not apply to the D4 Medical Examination Report which still needs to be completed by a doctor or consultant registered with the GMC.

Section 88 of The Road Traffic Act 1988 may allow you to continue driving even though you do not hold a current driving licence. In practice, this will be when you have applied to the DVLA to renew your licence, but the licence expires (runs out) while the application is being processed.

To continue driving under Section 88, you must meet all of the following criteria:

• Your doctor must have told you that you are fit to drive. If your doctor is unsure about how a medical condition affects driving, they should refer to ‘Assessing fitness to drive – a guide for medical professionals’.
• You have held a valid driving licence (see *below) and only drive vehicles you have applied for on your current application and were entitled to drive on your previous licence.
• If you hold a Group 2 (bus or lorry) licence, your entitlement has not been suspended, revoked or refused by a traffic commissioner.
• You meet any conditions that were specified on your previous licence that still apply.
• DVLA has received your correct and complete application within the last 12 months.
• Your last licence was not revoked or refused for medical reasons.
• You are not currently disqualified from driving by a court.
• You were not disqualified as a high risk offender on or after 1 June 2013 (a high risk offender is a driver convicted of a serious drink driving offence). * this licence can be a full GB licence, a GB provisional licence, a European Community licence, a Northern Ireland licence, a British external/British Forces licence or an exchangeable licence.

While the DVLA is completing medical investigations to decide whether a licence can be issued, they cannot tell you if Section 88 applies to you. You and your doctor are in the best position to consider the Section 88 criteria and to decide whether you should drive while you are waiting for a licence to be issued. Section 88 cover is valid until any of the following apply:

• You receive your new driving licence, (as that will cover you to drive).
• Your application is refused or licence revoked by DVLA. You will receive a letter from DVLA if this is the case.
• Your application is more than a year old.
• You have been disqualified from driving since your application was sent to the DVLA.

Here are some scenarios which may help explain how this law could apply to you.

I have a medical condition that I have already told the DVLA about. The DVLA gave me a licence when I first declared the condition and my condition has not changed. I have no other new medical conditions. Can I drive?
As soon as the DVLA receives your correct and complete application for a new licence and as long as you meet all the Section 88 criteria you may drive.

I have a new medical condition that I have told the DVLA about on my recent application. Can I drive?
As soon as the DVLA receives your correct and complete application for a new licence and as long as you meet all the Section 88 criteria, you may drive. It is important that you are satisfied that the medical condition you have declared on your application does not stop you from driving. If you are unsure, check with your doctor before you make a decision. You can also look up your condition in the ‘Assessing fitness to drive’ guide to see whether you meet the medical standards for driving. As this guide is intended for healthcare professionals, it can be complicated. Your doctor should be able to help you if necessary.

I have a medical condition that the DVLA already knows about, but it has changed/ developed since my last application. Can I drive?
As soon as the DVLA receives your correct and complete application for a new licence and as long as you meet all the Section 88 criteria you may drive. It is important that your medical condition, as it is today, would not bar you from driving. If you are unsure, you should check with your doctor before you make a decision to drive.

I voluntarily surrendered my licence and have now applied for a new one. Can I drive?
As soon as the DVLA receives your correct and complete application for a new licence and as long as you meet all the Section 88 criteria you may drive. If your medical condition meant you had to take a specified amount of time off driving to ensure the stability of your condition, you must still complete that time off driving before you drive under Section 88 of The RTA. If you are unsure please check the ‘Assessing fitness to drive’ guide or check with your doctor.

I am going abroad and I would like to drive while I am there. Am I covered for this?
Because the Section 88 provision is in UK legislation, it may not be accepted in other countries. We advise you to check with the relevant licensing authority before you travel.

My licence was revoked/refused for medical reasons. Can I drive?
No. You must wait for the DVLA to reissue you with a new driving licence before you can start driving again.

My last licence entitled me to drive lorries/ buses. It has expired and I am now only applying for a licence to drive a car. Can I drive? And if so, what can I drive?
You can check if you still have valid car and motorcycle entitlement online at www.gov.uk/ view-driving-licence. If your entitlement has expired, you can drive as soon as the DVLA receives your correct and complete application for a new licence as long as you meet the Section 88 criteria. You must only drive vehicles you have applied for on your current application and were entitled to drive on your previous licence. If you are unsure about whether you meet the medical criteria for driving, you can check your condition(s) in the ‘Assessing fitness to drive’ guide for healthcare professionals, or ask your doctor for advice.

I drive a bus/lorry for a living and I have sent my application to the DVLA to renew my licence. I do not have any medical conditions. Can I drive?
As soon as the DVLA receives your correct and complete application for a new licence, as long as you meet the Section 88 criteria and providing your Group 2 (bus or lorry) licence has not been suspended, revoked or refused by a traffic commissioner you may drive.

I am over 70 years old and have sent my licence to the DVLA to renew my entitlement to drive. Can I carry on driving while my form is with you?
As soon as the DVLA receives your correct and complete application for a new licence and as long as you meet all the Section 88 criteria you may drive. If you are unsure about whether you meet the medical criteria for driving, you can check your condition(s) in the ‘Assessing fitness to drive’ guide for healthcare professionals or ask your doctor for advice. As this guide is intended for healthcare professionals, it can be complicated. Your doctor should be able to help you if necessary.

IMPORTANT NOTE: It is your responsibility to make sure you meet the Section 88 criteria at all times while driving prior to receiving your licence.

Reprinted from INF188/6 published by the DVLA.

To download a copy click here ֎

Golden Rules

There are two Golden Rules whether or not you have sleep apnoea;

• You alone are responsible for deciding whether you are fit to drive. It doesn’t matter whether you suspect you may have sleep apnoea, were up all night with a new baby, or watching election results. If you are likely to be sleepy to the point where your driving could be impaired, you must not drive.

If you do, you are breaking the law, and may invalidate your insurance.

• If your GP, your consultant, or any other medical professional tells you that you must not drive, you must not do so.

If you do, you are breaking the law, and may invalidate your insurance.

UK Law

Road Traffic  Act 1988  – Section 94       Rule 91

“Driving when you are tired greatly increases your risk of collision. To minimise this risk

• make sure you are fit to drive. Do not begin a journey if you are tired. Get a good night’s sleep before embarking on a long journey
• avoid undertaking long journeys between midnight and 6 am, when natural alertness is at a minimum
• plan your journey to take sufficient breaks. A minimum break of at least 15 minutes after every two hours of driving is recommended
• if you feel at all sleepy, stop in a safe place. Do not stop on the hard shoulder of a motorway
• the most effective ways to counter sleepiness are to drink, for example, two cups of caffeinated coffee and to take a short nap (at least 15 minutes)”

The DVLA, Sleepiness and Driving

If you are experiencing some sleepiness during waking hours, go to your GP, preferably with a completed Epworth Sleepiness Scale, and ask for a referral to a sleep clinic. If the sleep clinic diagnoses Obstructive Sleep Apnoea (OSA) but says that any sleepiness during waking hours is not excessive you can continue to drive and do not need to notify the DVLA. We suggest that if the sleepiness gets any worse you make another appointment with your GP.

If the Sleep Clinic diagnoses moderate or severe OSA with excessive sleepiness, you must stop driving until your sleep clinic is satisfied that your CPAP or other treatment, has your sleepiness under control. You then need to notify the DVLA. The Detailed DVLA Guidance for Drivers tells you when to notify DVLA, and how to fill in the DVLA forms.

If you have already had your driving license revoked by the DVLA, and you think this was because of a mistake on their part, or because you, your GP or your consultant or sleep clinic gave DVLA wrong advice, the detailed guidance tells you what to do, and makes it clear that it may be necessary to take the matter up with your MP.

If all reasonable steps are taken by you and your are still not permitted to drive and have your licence reinstated, then go to your MP. Part of their duty is to sort matter out, especially when two Government Departments are involved, in this case the Department of Health and the Department of Transport.

NB The information on these pages is also subject to our website Terms of Use.

The DVLA guidelines on driving and sleep apnoea are improving, with less drivers experiencing problems. More improvements are coming from the DVLA and we will let you know when they happen. The Detailed DVLA Guidance for Drivers  is a comprehensive summary of the current rules and provides detailed guidance on how to fill in the forms, and how to complain if you lose your licence unnecessarily. When the DVLA makes improvements, we will update this guidance accordingly.