Last reply 2 months ago
Major failings by DVLA

Topic: Major failings by the DVLA in assessing people’s fitness to drive

Having being inspired by the recent recognition of the MS rail disabled card I am using this enthusiasm to try and get the DVLA to take responsibility and to improve procedures in assessing people’s fitness to drive.

While they have referred to https://www.gov.uk/rights-disabled-person, it is fair to see in practice, the non compliance of the DVLA with the Convention on the Rights of Persons with Disabilities and the Equalities Act 2010.

Article 5 – Equality and non-discrimination1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.

2. States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.

3. In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.

4. Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.

My own personal case highlights the surrendering of my Irish license by the DVLA UK with no justification ‘Discrimination’ because I did the right thing and informed the DVLA I had MS. The DVLA have no medical evidence to declare I am not fit to drive while they have taken an authoritative stance to remove my insurance without any reasoning or justification or medical evidence which severely hinders my personal and work life for the last 3 months. I am not driving because I am still waiting to hear from DVLA.

I understand they need to assess my case and I agree to this, however, please change your process/procedures and how you deal with MS/medical conditions.

Rather than taking an Irish license the DVLA could ask for a medical cert from the Doctor which sets out my fitness to drive rather than taking my Irish license. Please change your procedures and follow the NDLS driving authority in Ireland all you need is a medical cert from your Doctor not a long drawn out process like the DVLA.

I had to submit a list of documents and a fee which I don’t think is necessary because an Irish license can be used in the UK why does this ‘status quo’ change because you were a vigilant driver and a good citizen who had informed DVLA you are disabled? why are we being discriminated against? Why should a fee be imposed when you are informing the DVLA about a medical condition? Again you the disabled person who is being left worse off and why?

Article 5 please stand up for us

Article 5 – Equality and non-discrimination1. States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.

DVLA you are breaking the law:

While they have referred to https://www.gov.uk/rights-disabled-person, it is fair to see in practice, the non compliance of the DVLA with the Convention on the Rights of Persons with Disabilities and the Equalities Act 2010.

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stumbler
2 months ago

@maryann , the DVLA do have a reasonable process, which is designed to protect everyone, whilst keeping inconvenience to a minimum. OK, it’s not the quickest process, but this may be due to circumstances beyond their control.

I can only think that your Irish licence has complicated the process. So, nothing to do with discrimination. But, there should be no need to inconvenience you whilst they complete their formalities.

I would raise the issue with your local MP and get them to investigate the DVLA for you.

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