Driving and Section 88

With DVLA still having a serious backlog of Driver Licence renewals, under certain circumstances, you may still be permitted to drive under Section 88 of the Road Traffic Act

To be able to continue driving, you must meet all the following criteria for section 88 to apply:

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 at the following link.
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 and complete application within the last 12 months – see note below.
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 drunk driving offence).

While the DVLA is completing medical investigations to decide whether a licence can be issued, Section 88 may not apply to you. Therefore, we strongly advise that you contact the DVLA and request confirmation as to whether you can or cannot drive.

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.

Note: If you send any correspondence to DVLA, post it via ‘Special Delivery’, which means that it, is trackable and you will know when it was delivered to DVLA and who signed for it. Keep copies of all correspondence and print off the online confirmation (Royal Mail) that the original document(s) have been delivered – keep all.

DO NOT DRIVE until you have proof that you CAN DRIVE as per the points noted above?

If you need to phone DVLA, phone just as they open (8am) as you are more likely to speak to a human being – 0300 790 6801. DVLA also have a chat facility, click here for more information.

Click here to download a copy of the Section 88 (INF188/6)

If you have any questions please email us at info@ridgewaytraining.co.uk or call 01293 535850.

Why not read our blog on checking your Driver CPC.