DM comments/threats about driving

Hi,
After following your knowledgeable advice some years ago now, I won my DLA appeal and received the High mobility award as a result. Like many, I recently had to give up my motability vehicle because of PIP.

Having been awarded the lowest part of care for PIP I received only 4 mobility points, so I'm currently awaiting my mobility appeal...Its on the 20th of this month and I'm worried because on my appeal reconsideration declaration notes the DM has entered the following quotes on the papers, stating that, from the description of my issue I am:

"not fit to drive and would be a severe danger on the road [and that] there is no evidence to suggest that DVLA have yet been informed of such.'

If he has written this to frighten me - he has succeeded, if he did it so I will drop the appeal, he must think again.

I have never been told by any medical professional that I should stop driving, for my medical issues......

I am writing to ask....should I make a formal complaint about his comments...or is he entitled to say what he's said....If I should complain about these comments....should I make it before or after my appeal?

For the record I have been driving 34 years....have only ever received 3 points on my license for driving at 39 through a thirty limit! Not bad in 34 years.

Thank you for all your advice over the years ......becoming a member is one of the best thing I ever did. A speedy reply would be appreciated.

Regards,

Bryan

The DVLA have a list of medical conditions on their website stating where it is appropriate to inform them. It lists all medical conditions alphabetically giving advice on the different levels of certain conditions and if you need to notify them. For instance diabetes is ok as long as it is treated by diet or tablets but if you require insulin injections then you should notify DVLA. Even then it isn't certain to affect your license but depends on whether you risk becoming hyperglycaemic and passing out. It's a complex issue with many conditions.
I think you'll likely see more joined up thinking between dvla and dwp/nhs in future, especially following the tragic case in scotland a couple of years ago where the bus/lorry driver alledgedly hadn't disclosed to his employers that he'd previously passed out at the wheel.

www.gov.uk/driving-medical-conditions/te...dition-or-disability

above link should take you there

I used to work as a medical doc before I got ill with bipolar so would like to comment based on my old profession.
When I was an A&E doc we dealt with a lot of RTAs. 95% were just minor whiplash based ones. However if I became aware at any point in my examination of patient they could potentially be unfit to drive, I would have to cover my own back legally.
A good example was a guy who had come in for a minor whiplash. However when I took his medical history it came out he had recently had a stroke. He had no issues in arms or legs, but I chose to examine his visual fields. He had a hemianopia (one side of vision not working).
In a situation like this it was more about covering my own back than anything else. Had to document I informed him of importance to contact DVLA. That way if he caused a fatal crash the next day, nobody would question my clinical judgement. I documented it, so if he did not phone the DVLA that was his fault and not mine for failing to assess him thoroughly.
The doc is not trying to scare you. They are covering their own behind in case you cause a massive pile up next week. That is all it is, nothing more.

However I do need to advise that now you have had sight of the document, you will need to tell them as otherwise your insurance is void. Sorry for the bad news.