Can I Appeal a DVA Licence Decision in Northern Ireland?

Who this guide is for

People in Northern Ireland whose driving licence has been taken away (revoked) or refused by the Driver and Vehicle Agency (DVA) because of a health condition, or who got 6 or more penalty points within 2 years of passing their test. It also covers the 12 points in 3 years rule, getting a licence back as a high risk drink-drive offender, lorry and bus licences and a health condition, and appealing a driving test result. Northern Ireland licences are dealt with by DVA, not DVLA.

What this guide does not cover

• England, Wales or Scotland: see the England and Wales guide or the Scotland guide.
• Challenging a court ban, penalty points, fines or criminal charges, including speeding and drink or drug driving: ask a solicitor.
• The penalty for not telling DVA about a condition, and which conditions meet the medical standards: ask DVA, your doctor or a solicitor.
• Vehicle tax, MOT and vehicle registration. Parking tickets: see the parking fines guide.

At a glance

• If you are in Northern Ireland, you must tell DVA, not DVLA, about a medical condition that could affect your driving.
• DVA will only revoke or refuse a licence when its enquiries confirm that, because of your medical condition, you cannot meet the legal medical standards of fitness to drive.
• You can appeal to a court in the petty sessions district where you live. You have 3 months from the date the refusal or revocation letter was issued to lodge the appeal with the Clerk of Petty Sessions, and you must tell DVA you intend to appeal.
• New drivers: you lose your licence if you reach 6 or more penalty points within 2 years of passing your first driving test. You then need a new provisional licence and have to pass the tests again.

What the rules depend on

• What was the decision? A licence revoked or refused for a health reason (including a lorry or bus licence), a new-driver licence lost for points, a high risk offender waiting for a licence after a ban, or a driving test result. A court ban is not a DVA decision. The 12 points rule is explained below; the court case itself is not covered.
• What date was the decision letter issued? The 3-month time limit runs from that date.
• Did you surrender your licence yourself? Different rules apply to driving again after a voluntary surrender.

Health conditions and your licence

• After you tell DVA about a condition, it may issue a licence for one, two or three years if its medical adviser decides your fitness to drive needs a review later. Or it may issue a licence showing special controls must be fitted to the vehicles you drive.
• DVA will only revoke your licence or refuse your application when its enquiries confirm that, because of your medical condition, you cannot meet the legal medical standards of fitness to drive.
• If your licence is revoked or refused, you have the right to appeal.

Appealing a DVA medical decision

• You can appeal to a court in the petty sessions district where you live, but you must give notice to the Department that you intend to do so.
• The appeal must be lodged with the Clerk of Petty Sessions within 3 months of the date the refusal or revocation letter was issued.
• You must send a copy of the Notice of Appeal at least 14 days before the hearing to the Departmental Solicitors Office, Litigation Division, 2nd Floor Lanyon Plaza, Lanyon Place, Belfast BT1 3LP.
• DVA suggests talking to your doctor before you appeal.

Driving again after surrendering your licence

• When your doctor says you are fit to drive, you can apply to have your licence restored, and medical enquiries will be made.
• After a voluntary surrender, the Road Traffic (Northern Ireland) Order 1981 lets you drive while those enquiries are made, once DVA holds a valid application. This only applies if you have not been, and would not be, refused or revoked a licence for medical reasons and you meet the medical standards. If in doubt, check with your doctor before you drive.

New drivers: 6 points in 2 years

• If you have just passed your first driving test you are on probation for two years. If you reach six or more penalty points in that time, including valid points from before you passed, you lose your licence.
• You then have to apply and pay for a new provisional licence, which makes you a learner driver again.
• This applies to drivers and motorcyclists who passed their test in Northern Ireland, Great Britain, the European Economic Area, the Isle of Man, the Channel Islands, Gibraltar or the European Union. It does not apply if you have held a full licence for two years: passing a test in another category, such as lorry, does not start another probation period.
• This guide does not cover challenging the offence or the points: ask a solicitor.

12 points in 3 years (totting up)

• You can be disqualified if you build up 12 or more penalty points within three years.
• The ban is six months. It is 12 months for a second disqualification within three years, and two years for a third.
• After a ban of 56 days or more, you must apply for a licence before you can drive again. After a shorter ban, your licence is endorsed and returned to you.
• New drivers have different rules: see "New drivers: 6 points in 2 years".
• For the court case, ask a solicitor.

After a drink-drive ban: high risk offenders

• You are a high risk offender if you were disqualified for: two set alcohol-related offences within 10 years, driving with an alcohol level more than two and a half times the legal limit, or failing to give a specimen.
• Your licence will not be returned automatically when the ban ends. You only get it back if you pass a medical examination. DVA may need to make medical enquiries before your licence can be renewed.
• You pay a higher fee for your licence, and you pay all the costs of the medical examination.

Lorry or bus licence and a health condition

• To apply for or renew a lorry or bus licence, you need a medical examination report (form DLM1) if you have a condition on DVA's list or you are over 45. Your doctor must fill it in no more than 4 months before you apply.
• A decision on a lorry or bus licence may take longer.
• If DVA revokes or refuses your licence, you have the right to appeal: see "Appealing a DVA medical decision".

Appealing a driving test result

• If you think your test was not carried out properly in line with the regulations, you can apply to a magistrates' court (a court of summary jurisdiction).
• If the court agrees, it can let you take another test sooner than you otherwise could, and order that the test fee is not paid, or is refunded.
• How to apply and any time limit: ask the court office or a solicitor.

Deadlines

• Court appeal against a medical decision: lodged with the Clerk of Petty Sessions within 3 months of the date the letter was issued.
• Copy of the Notice of Appeal to the Departmental Solicitors Office: at least 14 days before the hearing.

Where to go for help

• DVA, for medical decisions and reapplying (the address is on your letter).
• A solicitor who deals with driving licence appeals.

Advice NI: 0800 915 4604

Traps

• Northern Ireland licences are dealt with by DVA, not DVLA, and the court time limit here is 3 months.
• Revocation is not a court ban. A new driver who loses their licence has to become a learner again.
• Points from before you passed count towards the six.