Can I drive under section 88 of the Road Traffic Act 1988 while awaiting the outcome of a DVLA medical?
Convicted drink drivers classified as high risk offenders can not drive under section 88 of the Road Traffic Act 1988 if they were disqualified on or after 1st June 2013 and are re-applying for their drivers licence after disqualification.
This is because the law was changed in regards to high risk offenders being able to drive while awaiting the DVLA to process their applications and assess their fitness to drive.
A high risk offender is classified as such because they have been convicted of a serious drink driving offence.
The DVLA assess a high risk offenders fitness to drive by requiring them to take a DVLA medical.
Before the law was changed high risk offenders may have been eligible to drive under section 88 while the DVLA processed their application and before they had taken the medical
This meant that they may have been eligible to drive despite the fact that the DVLA could possibly find them unfit to drive after they had taken the medical and subsequently refused to issue them with a driving licence.
Drivers whose last drivers licence was refused because of a medical condition are also not entitled to drive under section 88.
Who can drive under section 88 of the Road Traffic Act?
In order to be eligible to drive under section 88 of the Road Traffic Act the following criteria must be met:
- You must be confident your application will not be refused due to any condition, your doctor must have told you that you are fit to drive
- You must have previously held a valid licence and only drive vehicles that you have applied for on your application and that you were previously entitled to drive
- If you hold a group 2 lorry or bus licence, your entitlement to drive these vehicles has not been refused, revoked or suspended by the traffic commissioner
- You must meet any conditions specified on your previous driving licence
- The DVLA must have received your complete and correct application within the last 12 months
- Your previous licence must not have been revoked or refused due to any medical condition
- You must not be currently disqualified from driving by a court of law
- You must not be applying for a drivers licence following a disqualification if you were disqualified from driving as a high risk offender on after 1st June 2013
If you have any questions about your application or eligibility to drive under section 88 then you should contact the DVLA.
Insurance while driving under Section 88
If you are entitled to drive under section 88 and have any questions regarding insurance while driving under section 88 or are struggling to find an insurance company to insure you while driving under section 88 then A Plan insurance may be able to help!
Further reading:
Can I drive while my application is with the DVLA? – Section 88 DVLA Leaflet