This article is aimed to help Directors with Policy, Transport Manager with process and Drivers with their obligations.
There are many myths surrounding Section 88 and what it can and cannot allow you to do when you do not have a Driving Licence.
This is a simplified guide to what can and cannot be done, but also how to make sure that when you reapply for your driving licence be it with or without a medical you can even avoid having to reply on this in the first place.
Who does it apply too?
Any holder of a driving licence of any category, be they a professional driver with HGV or PCV / PSV entitlement, a company car or van driver or a driver of a grey fleet vehicle who is paid expenses for occasional driving on company business.
What is it?
Section 88 of the Road Traffic Act 1988 allows motorists to continue driving while their licence renewal or medical application is being processed by the DVLA.
To drive under this provision, you must have
- held a valid licence of the category you are driving.
- meet medical standards. (I.E. sent in a completed and current medical form with the application, along with supporting evidence if needed)
- and have sent a renewal application to the DVLA within the last 12 months.
1 – Section 88 is not a green light to drive without a licence or whilst a late application is being sorted.
Section 88 is there for drivers who make a valid application, with no genuine reason to believe that they will not be granted a renewal of their licence, to continue to drive for up to 12 months, whilst the application is being processed.
2 – A genuine application must have been made BEFORE the expiry of their current licence.
If the licence has expired before you make your application and it is received by the DVLA you cannot use S88 as a defence.
3 – Section 88 if a lawful defence to driving without a valid licence, it does not stop the offence being committed and each case will be considered on its own merit by the Courts.
Directors of Company’s
Do you have a Section 88 Policy and if so, is it trained out to drivers and managers on induction?
Are the drivers and managers refreshed on the policy on a regular basis?
Does your insurance company even allow drivers who wish to use Section 88 to be insured under your company policy?
We are seeing more and more insurance companies refuse to cover Section 88 due to the amount of uncertainty and abuse of the system.
Transport Managers
What is the Company policy? Make sure they understand it and comply with it.
Keep records or use systems, such as the ones A S Miles Consulting provide to record and log expiry dates and then remind drivers ahead of time of the expiry, the company policy and the fact that once the expiry date is passed, the driver may find that they cannot drive.
Document this, so if the driver finds they cannot work you can prove you have followed process.
Speak with the insurance company and double check if the driver can still driver under a Section 88. This may be Yes, it could be No or it could be for a limited period only.
Again, record the results of that check.
Drivers
Can submit their medical form and new application 56 days ahead of renewal.
At the time of writing the average turnaround time for a renewal without any issues is 6 working days.
Most cases with medical history issues are turned around well within the 56 day timescale
Make it easier to get the application completed in time
The DVLA reported in a recent presentation that the biggest issues with drivers’ application are actually the simple things.
So, before sending the application off have you:
- Included a photograph if needed?
- Completed all the sections?
- Included your medical form?
- Signed the application?
The application is not valid if the driver has missed any of these points and therefore, they cannot use Section 88 of the Road Traffic Act as a valid application has not been submitted.
Medical issues or current conditions
This does not necessarily slow your application down that much and the DVLA have been at some pain to get this message out there.
The real slowdown occurs when the DVLA have to go to your GP or Specialist for additional information.
But you may have the information available to help them already. – How?
Does the driver still have paperwork, such as appointment letters or other correspondents with their Doctor or Consultants?
Does the driver use the NHS app?
If so, send the DVLA the copies of the paperwork or screenshots the NHS app showing appointments, medication names etc.
It can help them decide if they need to ask for more information or there may enough information to help the DVLA Doctors make a decision. Many times, the DVLA inform us, that this type of information is sufficient.
Conclusion
So, in summary the points to remember are:
Section 88 is not a right to claim, and each situation can be decided on by the Courts.
Section 88 can only be used where a fully completed and valid application has been received by the DVSA before the expiry of the current driving licence and entitlements.
Section 88 can only be used where the applicant knows that there is no lawful or medical reason why their application should not be granted.
Companies should have a Policy in relation to Section 88 Road Traffic Act 1988.
Companies should train all staff that drive vehicles of any classification including Grey Fleet drivers.
If you require any support in this area or any other area of your fleet compliance, help with a company policy for Section 88 or anything else please contact A S Miles Consulting by either calling 01455 389053 or emailing info@asmilesconsulting.com