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Edinburgh Live
Edinburgh Live
World
Mya Bollan & Alexander Smail

DVLA issues warning to motorists about driving while waiting for licence

The Driver and Vehicle Licensing Agency (DVLA) has issued an important update to motorists about when they are allowed to drive whilst waiting for a new or updated licence.

Following the backlog caused as a result of the Covid-19 pandemic, drivers still face potential delays in receiving their driving licence — particularly if they submitted a paper application form.

There are a number of reasons why you may be required to get your licence updated, such as if you move to a new address of if you experience any physical or mental health changes that could influence your ability to drive.

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Whilst waiting for an updated licence, there are guidelines which allow motorists to continue driving in the interim.

As reported by the Daily Record, these are outlined in Section 88 of the Road Traffic Act.

If you are fit and healthy, and have not been told by a doctor or optometrist that you should not be on the road, this is the section that allows you to continue driving even if you do not hold a current driving licence.

However, there are certain criteria that must be met in order for Section 88 to apply.

Section 88 Criteria

All of the conditions below must apply:

  • Your doctor must have told you that you are fit to drive
  • You have held a valid driving licence 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 complete application within the last 12 months
  • Your last licence was not revoked because of a medical condition
  • You are not currently disqualified from driving by a court
  • You were not disqualified as a high risk offender on or after June 1, 2013 (a high risk offender is a driver convicted of a serious drink driving offence)

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

What if I am renewing my licence because of a medical condition?

Whilst the DVLA is undertaking a medical investigation to determine whether your licence should be issued, there are certain situations in which you are allowed to continue driving and others in which you are not.

It is your doctor that will determine this, rather than the DVLA.

Getting in touch with your doctor in this situation will put you in the best position to decide whether Section 88 criteria is met and therefore whether you are allowed to drive whilst waiting for you licence.

If you have already told the DVLA about your medical condition

If you have already informed the DVLA of your medical condition, you will still be able to drive while waiting for your new licence so long as the remaining Section 88 criteria is met.

If you have been diagnosed with a new medical condition

You can look up your condition in the ‘Assessing fitness to drive’ guide — which you can find here — to see whether you meet the medical standards for driving.

This guide is intended for healthcare professionals and can be complicated so you should seek help from your doctor.

An existing medical condition has changed or developed

It is important that your medical condition in its progressed state does not bar you from driving.

If you are unsure, you should check with your doctor and can also refer to the guide here.

Your licence was previously denied or revoked due to a medical condition

You cannot drive if your licence was revoked or an application was denied by the DVLA due to a medical condition.

You must wait for the DVLA to reissue you with a new driving licence before you can start driving again.

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