Driver Vehicle Licensing Agency
Appendix A: The legal basis for the medical standards
The Secretary of State for Transport, acting through DVLA, has the responsibility of ensuring all licence holders are fit to drive.
The legal basis of fitness to drive in the UK lies in the following legislation:
- The Road Traffic Act 1988
- The Motor Vehicles (Driving Licences) Regulations 1999 (as amended)
According to Section 92 of the Road Traffic Act 1988:
- A relevant disability is any condition which is either prescribed in regulations or any other disability where driving is likely to be a source of danger to the public. A driver who is suffering from a relevant disability must not be licensed, but there are some prescribed disabilities where licensing is permitted provided certain conditions are met.
- Prospective disabilities are any medical conditions that, because of their progressive or intermittent nature, may develop into relevant disabilities in time. Examples are Parkinsons disease and early dementia. A driver with a prospective disability may be granted a driving licence for up to 5 years, after which renewal requires further medical review.
Sections 92 and 94 of the Road Traffic Act 1988 also cover drivers with physical disabilities who require adaptations to their vehicles to ensure safe control. These adaptations must be coded and shown on the licence. See Appendix F, disabilities and vehicle adaptations and Appendix G, Mobility Centres and Driving Assessment Centres.
Serious neurological disorders
The law requires that driving licences shall not be issued to, nor renewed for, applicants with serious neurological disorders, unless supported by the applicants doctor.
A serious neurological disorder is defined for the purposes of driver licensing as any condition of the central or peripheral nervous system that has led, or may lead, to functional deficiency (sensory, including special senses, motor, and/or cognitive deficiency), and that could affect ability to drive.
When DVLA evaluates the licensing of these applicants, it will consider the functional status and risk of progression. A short-term licence for renewal after medical review is generally issued whenever there is a risk of progression.
Further information relating to specific functional criteria is found in the following chapters:
- Chapter 1, neurological disorders
- Chapter 4, psychiatric disorders
- Chapter 6, visual disorders
- Chapter 8, miscellaneous conditions excessive sleepiness
Appendix B: Epilepsy and seizure rules and further guidance
The legislation governing drivers who experience a seizure
The following 2 boxes extract the paragraphs from regulations 72 and 73 of the Motor Vehicle (Driving Licences) Regulations 1999 (as amended) that govern the way in which epilepsy is prescribed as a relevant disability for Group 1 or Group 2 drivers (also see Appendix A, the legal basis for the medical standards).
Group 1 car and motorcycle
Regulation 72
(2) Epilepsy is prescribed for the purposes of section 92(2) of the Traffic Act 1988 as a relevant disability in relation to an applicant for, or a holder of, a Group 1 licence who has had 2 or more epileptic seizures during the previous 5 year period.
(2A) Epilepsy is prescribed for the purposes of section 92(4)(b) of the Traffic Act 1988 in relation to an applicant for a Group 1 licence who satisfies the conditions set out in paragraph (2F) below and who has either:
(a) been free from any unprovoked seizure during the period of one year immediately preceding the date when the licence is granted
or
(b) during that one year period has suffered no unprovoked seizure other than a permitted seizure.
(2B) A permitted seizure for the purposes of paragraph (2A)(b) is:
(a) a seizure which can include a medication-adjustment seizure falling within only one of the permitted patterns of seizure, or
(b) a medication-adjustment seizure, where:
(i) that medication-adjustment seizure does not fall within a permitted pattern of seizure
(ii) previously effective medication has been reinstated for at least 6 months immediately preceding the date when the licence is granted
(iii) that seizure occurred more than 6 months before the date when the licence is granted, and
(iv) there have been no other unprovoked seizures since that seizure
or
(c) a seizure occurring before a medication-adjustment seizure permitted under sub-paragraph (b) where:
(i) that earlier seizure has, to that point, formed part of only one permitted pattern of seizure and had occurred prior to any medication-adjustment seizure not falling within the same permitted pattern
or
(ii) it is a medication-adjustment seizure, which was not followed by any other type of unprovoked seizure, except for another medication-adjustment seizure.
(2C) A permitted pattern of seizure for the purposes of paragraph (2B) is a pattern of seizures:
(a) occurring during sleep, where:
(i) there has been a seizure while asleep more than one year before the date when the licence is granted
(ii) there have been seizures only while asleep between the date of that seizure while asleep and the date the licence is granted
and
(iii) there has never been an unprovoked seizure while awake
or
(b) occurring during sleep, where:
(i) there has been a seizure while asleep more than 3 years before the date when the licence is granted
(ii) there have been seizures only while asleep between the date of that seizure while asleep and the date the licence is granted
and
(iii) there is also a history of unprovoked seizure while awake, the last of which occurred more than 3 years before the date when the licence is granted
or
(c) without influence on consciousness or the ability to act, where:
(i) such a seizure has occurred more than one year before the date when the licence is granted
(ii) there have only been such seizures between the date of that seizure and the date when the licence is granted
and
(iii) there has never been any other type of unprovoked seizure.
(2D) An isolated seizure is prescribed for the purposes of section 92(2) of the TrafficAct 1988 as a relevant disability in relation to an applicant for, or a holder of, a Group 1 licence.
(a) in a case where there is an underlying causative factor that may increase future risk, where such a seizure has occurred during the previous one year period
and
(b) in any other case, where such a seizure has occurred during the previous 6 month period.
(2E) An isolated seizure is prescribed for the purposes of section 92(4)(b) of the Traffic Act 1988 in relation to an applicant for a Group 1 licence, who:
(a)
(i) in a case where there is an underlying causative factor that may increase future risk, has had such a seizure more than one year immediately before the date when the licence is granted
and
(ii) in any other case, has had such a seizure more than 6 months immediately before the date when the licence is granted
(b) has had no other unprovoked seizure since that seizure
and
(c) satisfies the condition set out in paragraph (2F).
(2F) The conditions are that:
(a) so far as is predictable, the applicant complies with the directions regarding treatment for epilepsy or isolated seizure, including directions as to regular medical check-ups made as part of that treatment, which may from time to time be given by a registered medical practitioner or one of the clinical team working under the supervision of that registered medical practitioner
(b) if required to do so by the Secretary of State, the applicant has provided a signed declaration agreeing to observe the condition in sub-paragraph (a)
(c) if required by the Secretary of State, there has been an appropriate medical assessment by a registered medical practitioner
and
(d) the Secretary of State is satisfied that the driving of a vehicle by the applicant in accordance with the licence is not likely to be a source of danger to the public.
Group 2 bus and lorry
Regulation 73
(8) Epilepsy is prescribed for the purposes of section 92(2) of the Traffic Act as a relevant disability in relation to an applica