Jump to content

Sleep Apnoea


aultymer

Recommended Posts

A couple of months ago I advised DVLA that I had been given a diagnosis of Sleep Apnoea.

By return they revoked my driving licence.

They also informed me that on completion of effective treatment I could apply to get my car licence back BUT without granfather rights. This means that I can never drive my 3850 Ton van unless I pass an expensive HGV medical.

Be warned!! Do not inform DVLA untill you have been treated and are 'under control'. If you do not drive whilst awaiting treatment you will not be breaking any laws and may well be spared losing your licence.

 

The DVLA are incapable of differentiating between tired people who stupidly drive anyway and those who seek to be safer by getting treatment.

Link to comment
Share on other sites

aultymer - 2011-05-18 10:50 PM

 

A couple of months ago I advised DVLA that I had been given a diagnosis of Sleep Apnoea.

By return they revoked my driving licence.

They also informed me that on completion of effective treatment I could apply to get my car licence back BUT without granfather rights. This means that I can never drive my 3850 Ton van unless I pass an expensive HGV medical.

Be warned!! Do not inform DVLA untill you have been treated and are 'under control'. If you do not drive whilst awaiting treatment you will not be breaking any laws and may well be spared losing your licence.

 

The DVLA are incapable of differentiating between tired people who stupidly drive anyway and those who seek to be safer by getting treatment.

 

 

 

Sorry to hear that.

 

But I seem to recall that you are under the legal obligation to inform DVLA of any condition which might impair your driving (some examples are given on their website).......thus I think your advice to others whilst tempting, is wrong in law: it is an offence not to advise them, even if you do not drive whilst the condition continues to exist uncontrolled.

 

I have a feeling that because insurance is "a contract of the utmost good faith", that you have a duty to inform your insurers of any such condition too.........failure to do so, and then having an accident, would mean that they had no obligation to pay out for anything other than 3rd party costs (again, assuming that they somehow found out about your condition).

 

(Although how the hell they're ever gonna find out unless you have a crash and the accident investigation discovers your condition somehow, I don't know).

 

 

 

 

Can you appeal up the DVLA chain about the "Grandfather rights" bit?

 

Link to comment
Share on other sites

My suggestion about 'not telling' was based on not driving untill the condition was under control.

So although technicaly you would have 'failed to notify' it would be a technical breach rather than a driving offence.

The justification for the DVLA reaction is that Sleep Apnoea causes excessive daytime drowsyness. However there is no assesment made of how the individual handles this problem. I suspect , but did not have a diagnosis, that I have coped with this condition for about 20 years. (Accident and incident Free)

 

Appealing can only be based on absence of symptoms and must be done through the courts.

 

If you are no longer allowed to drive, or do not drive, then the insurance question does not arise.

Currently I am a named driver on 3 vehicles but cannot drive any.

Informing the insurance companies would serve no purpose other than give an excuse for an 'aministration fee'!

 

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...