Can I Appeal a DVLA Decision in Scotland?

Who this guide is for

People in Scotland whose driving licence has been taken away (revoked) or refused by DVLA, or who are worried it will be: because of a health condition, because they got 6 or more penalty points within 2 years of passing their test, or because they are a high risk drink-drive offender waiting to get their licence back. It also covers appealing a driving test result, and explains the 12 points in 3 years rule.

What this guide does not cover

• England, Wales or Northern Ireland: see the England and Wales guide or the Northern Ireland guide.
• Challenging a court ban, penalty points, fines or criminal charges, including speeding and drink or drug driving: ask a solicitor.
• Vehicle tax, SORN, MOT and vehicle registration: ask DVLA. Parking tickets: see the parking fines guide.
• Which health conditions meet the medical standards for driving: ask your doctor, and check the condition on GOV.UK.
• Complaints about DVLA's service or delays.

At a glance

• DVLA can take away or refuse a licence when a health condition means you do not meet the medical standards for driving. It writes to you with its decision, and the letter says if there is a period you must wait before getting a new licence.
• You can send new medical evidence and ask DVLA to look again, or appeal to the court.
• Court appeal against a medical decision: contact your local sheriff court within 21 days, and tell DVLA within 21 days that you are appealing.
• New drivers: your licence will be cancelled if you get 6 or more penalty points within 2 years of passing your test. You then need a new provisional licence and must pass the theory and practical tests again.
• High risk drink-drive offenders do not get their licence back until they pass a medical with a DVLA doctor.
• You must tell DVLA about a notifiable health condition. You could be fined up to £1,000 if you do not.

What the rules depend on

• What was the decision? A licence taken away or refused for a health reason, a new-driver licence cancelled for points, a high risk offender waiting for a licence after a ban, or a driving test result. A court ban is not a DVLA decision. The 12 points rule is explained below; the court case itself is not covered.
• What date is on the decision letter? The time limit for a court appeal runs from the decision.
• Do you have medical evidence DVLA did not see? If so, you can ask DVLA to look at the decision again.
• Car or motorcycle, or bus, coach or lorry? Different application forms apply when you reapply.

Health conditions and your licence

• You must tell DVLA if you develop a notifiable medical condition or disability, or one gets worse since you got your licence. Notifiable conditions are anything that could affect your ability to drive safely, for example diabetes or taking insulin, fainting, heart conditions, sleep apnoea, epilepsy, strokes and glaucoma.
• You could be fined up to £1,000 if you do not tell DVLA about a condition that might affect your ability to drive safely, and you could be prosecuted if you have an accident.
• You must surrender your licence if your doctor tells you to stop driving for 3 months or more, if your condition affects your ability to drive safely and lasts 3 months or more, or if you do not meet the medical standards for driving. You can apply to get it back when you meet the standards again. There are different rules for when you can drive again after surrendering it yourself.

Challenging a medical decision

• Ask DVLA to look again: Send relevant medical information that was not in the original assessment, proof that you meet the standards for driving (the decision letter explains them) and the reference number from your decision letter. Send them to DM Further Evidence, DMI Support, D5, DVLA, SA99 1DL. Check with a doctor what to send.
• Appeal to the court: In Scotland, appeal to your local sheriff court within 21 days. You must also tell DVLA you are appealing within 21 days.
• DVLA says the right of appeal is under section 100 of the Road Traffic Act 1988 and that its letter taking the licence away explains it.
• GOV.UK suggests getting legal advice before you appeal, and says you might be able to get legal aid to pay for it.

Reapplying after a health decision

• DVLA's letter tells you if there is a period you must wait. You can reapply up to 8 weeks before the end of it. Check with your doctor that you meet the medical standards first.
• Car or motorcycle: reapply online, or by post with a D1 application form and the form for your condition. If the letter says you must send medical evidence, you must apply by post.
• Bus, coach or lorry: send a D2 application form and the form for your condition.
• GOV.UK says you may be able to keep driving while DVLA considers an application, but only if you meet the criteria in DVLA's guidance "Can I drive while my application is with DVLA?". You must always meet the medical standards when you drive.

New drivers: 6 points in 2 years

• Your licence will be cancelled (revoked) if you get 6 or more penalty points within 2 years of passing your test.
• Points on your provisional licence that have not expired are carried over when you pass. Your licence is cancelled if further points take you to 6 or more within 2 years of passing.
• To drive again you must apply and pay for a new provisional licence and pass both the theory and practical tests again. If you passed but had not yet sent off for your full licence, you retake both tests using your current provisional licence.
• This guide does not cover challenging the offence or the points behind the cancellation: ask a solicitor.

12 points in 3 years (totting up)

• You can be disqualified (banned) from driving if you build up 12 or more penalty points within 3 years.
• The ban can last 6 months. It can be 12 months for a second disqualification within 3 years, and 2 years for a third.
• Points (endorsements) stay on your driving record for 4 or 11 years, depending on the offence.
• New drivers have different rules: see "New drivers: 6 points in 2 years".
• A ban for points is decided by a court, not DVLA. For the court case, ask a solicitor.

After a drink-drive ban: high risk offenders

• You are a high risk offender if you were convicted of 2 drink driving offences within 10 years, or were driving with an alcohol reading of at least 87.5 microgrammes per 100 ml of breath, 200 mg per 100 ml of blood or 267.5 mg per 100 ml of urine. You are also a high risk offender if you refused to give the police a sample of breath, blood or urine, or refused to allow a blood sample to be tested for alcohol.
• You will not get your new licence until you prove you are fit to drive again. DVLA sends a D27PH renewal form 90 days before the ban ends. When DVLA gets your application it sends a DVLA-appointed doctor's details; you pay for the examination, which includes a questionnaire about your medical history and alcohol use, a physical examination and blood tests.
• Other drivers banned for 56 days or more get a D27 reminder form 56 days before the ban ends and must apply for a new licence. After a ban of less than 56 days you do not need to apply for a new licence.
• If DVLA refuses a licence after the medical, its letter explains how to challenge the decision.

Appealing a driving test result

• You can only appeal if the test was not carried out in line with the law. Contact your local sheriff court within 21 days of your test and say the appeal is under section 90 of the Road Traffic Act 1988.
• DVSA cannot change a test result. You cannot appeal because you disagree with the examiner's marking, did not like the examiner, felt unwell, or your car broke down. A complaint about the examiner's behaviour is a separate process.

Deadlines

• Court appeal against a medical decision: contact your local sheriff court within 21 days, and tell DVLA within 21 days that you are appealing.
• Reapplying after a health decision: up to 8 weeks before the end of any waiting period in DVLA's letter.
• High risk offenders: D27PH form 90 days before the ban ends. Other bans of 56 days or more: D27 form 56 days before.
• Driving test appeal: sheriff court within 21 days of the test.

Money figures

• Not telling DVLA about a condition that might affect your ability to drive safely: a fine of up to £1,000.

Where to go for help

• DVLA Drivers Medical Group, for medical decisions and reapplying (the address is on your letter and forms).
• A solicitor who deals with driving licence appeals.
• DVLA, for medical decisions in Scotland: 0300 790 6806 (GOV.UK).

Citizens Advice Scotland: 0800 028 1456

Traps

• Revocation by DVLA is not a court ban. A cancelled new-driver licence does not come back when a period ends: you have to pass both tests again.
• Points on a provisional licence count towards the 6 once you pass.
• The court time limit in Scotland is 21 days, much shorter than in England and Wales. Tell DVLA within the same 21 days.
• Northern Ireland licences are dealt with by the Driver and Vehicle Agency (DVA), not DVLA.