Driving is a very complex task which requires safe coordination of several skills; memory, attention/concentration, decision-making, planning, visual perception and reaction times. These can all be affected if you have suffered a brain injury.

How do I know if I am fit to drive?

Firstly, you have a legal duty to inform the DVLA of any medical condition that could affect your driving. It is an offence not to inform them and could result in a fine. Brain injuries are one of the many medical conditions that the DVLA must consider in relation to licensing fitness. The Acquired Brain Injury (ABI) team can help you to understand what to do next. They can also help you to inform the DVLA of your injury. It is then up to the DVLA to determine whether you are fit to drive.

What if I have Epilepsy?

Brain injury can increase the chances of you having an epileptic fit. Many drivers with a head injury are considered to be safe drivers. However some of the difficulties typically suffered by people with brain injuries can affect their ability to drive safely. In most cases, you can drive as long as your epilepsy is controlled with medication and you have not had a fit for over 12 months. However this only applies to Group 1 licence holders or applicants (cars and motorbikes).

The ABI Service

When the ABI team first assesses you, they will always ask if you are driving or intend to drive. Once we get to know you, there are at least three courses of action that we can take with you. The team will help you to work out the best course of action:

  • If you have not informed the DVLA of your injury, the team can support you in going through this process.
  • If you are no longer driving and do not intend to resume driving in the future, the DVLA must be informed of your injury. You should surrender your licence to the DVLA.
  • If the DVLA has previously been informed of your injury but your ability to drive or your condition has changed, you must inform the DVLA - the ABI team will help you with this.

What happens next?

It is your legal responsibility to inform the DVLA of your injury. You should also contact your GP and/or Neurosurgeon and/or head injury specialist. Once you have notified DVLA you will receive some questionnaires, which the ABI team can assist you to fill out.

Why might the DVLA revoke my licence? They can revoke your licence if you do not meet:

  • The relevant Epilepsy Regulations
  • The relevant medical standards
  • The relevant visual standards

For further information see the DVLA’s “At a Glance Guide to the Current Medical Standards of Fitness to Drive” handbook www.direct.gov.uk/motoring

How does the DVLA reach a decision?

Once you notify the DVLA of your medical condition, there are three main stages in their decision-making procedure:

Stage one:

  • The DVLA will write to you for permission to seek medical information from relevant medical professionals.
  • You must do this within three weeks; otherwise the DVLA may revoke your licence for noncompliance.

Stage two:

  • If you give consent within three weeks and make a self-declaration in your questionnaire, the DVLA contacts relevant professionals to request a detailed report regarding your condition. If the report does not contain sufficient information to make a decision, you may have to undergo further assessment.

Stage three:

  • The DVLA may require you to undergo further assessment. This can be an independent medical or vision examination, and/or a driving assessment, and/or a free driving test.
  • You may be asked to see a local doctor (usually a GP) who has been appointed by DVLA to assess you. They will send their report to DVLA.
  • If a driving assessment is required, this will usually mean going to a specialist centre where you will be seen by a range of professionals to assess your fitness to drive. You will then drive under the supervision of a driving assessor, often in a dual control car. A verbal report will be given and the written report, commissioned by DVLA, will be sent back to DVLA for a decision. In some areas where there is no easy access to a driving assessment centre, you may be asked to complete the standard driving test

What decisions can be made about my licence / ability to drive?

 Using the information obtained from your assessment(s), the decisions that the DVLA may make are:

  • You may be able to keep your licence or receive a new one
  • A driving licence may be issued for a period of 1, 2 or 3 years which would mean that a future assessment of your medical fitness would be required.
  • A driving licence may be issued which requires that your vehicle needs to be adapted to enable you to overcome any driving difficulties which are caused by physical disabilities.
  • They may revoke your license or refuse an application.
  • If they are unsure about your fitness to drive at assessment, you can be given a Provisional Driving Assessment Licence (PDAL). This allows you up to 3 months of driving lessons before being reassessed.

What can I do if the DVLA revokes my licence?

The DVLA will give you a medical explanation of how they reached their decision. They may also advise you of when you can re-apply for your licence.

In addition, you have the right to appeal to the local Magistrates Court within 6 months.

Furthermore, the ABI team can offer advice regarding other transport options. DVLA Tel: 0300 790 6806 (Mon to Fri 8.00 am - 17.30 pm; Sat. 8.00.-13.00pm).

People who access our services are welcome to talk to the Team Manager if they are experiencing any problems with their care.

How to find us:

Acquired Brain Injury Service Acorn Suite Countess of Chester Health Park Liverpool Road Chester CH2 1HJ Tel: 01244 389252 Fax: 01244 389255

If you would like this information in another format, please speak to a member of CWP staff or e-mail cwp.info@nhs.net. June 2020 Version 1.
www.cwp.nhs.uk.