Driving
Many people with severe mental illnesses drive safely. There are however, some mental illnesses for which extra precautions must be taken to ensure the safety of both the driver and other road users.
Therefore, to be safe on the road you must be aware of how your illness affects you and have the permission of the Driver and Vehicle Licensing Agency (DVLA) to drive.
Do I have to notify the DVLA of my psychiatric disorder?
If you are diagnosed with any of the conditions below and you intend to drive you must tell the DVLA. If you do not you will not be able to drive legally and your insurance will not be valid. This could mean that if you have an accident and have not declared your illness, the insurance company may not have to pay up. The conditions include:
- Severe uncontrolled anxiety.
- Severe depression with marked psychomotor retardation and/or psychosis.
- Bipolar disorders, including hypomania or mania.
- Acute psychotic disorder
- Schizophrenia or other chronic psychoses.
- Alcohol or drug misuse or dependency.
The DVLA does not need to be notified of a diagnosis or mild or moderate anxiety or depression, which is controlled and does not affect memory or concentration, or cause agitation, behavioural disturbance or suicidal thoughts.
How do I notify the DVLA of my condition?
If you already have a license, you need to download the appropriate medical questionnaire from the DVLA web site, or call the DVLA to ask them to send it to you. You also need to fill out a form to give your consent for the DVLA's doctors to contact your doctor or specialist. You can either post, fax or e-mail these forms back to:
Drivers Medical Group
DVLA
Swansea
SA99 1TU
Tel: 0870 600 0301
Fax: 0845 850 0095
Email: eftd@dvla.gsi.gov.uk
You should always give permission for the DVLA to contact your doctor, as what your doctor or specialist says to the DVLA will influence the DVLA's decision on whether you will be allowed to keep your license. You may even have to undergo a medical examination, which will be free, although you will have to pay any travelling expenses yourself. This process is called a medical enquiry.
If you are applying for a new license, you must declare if you suffer from any of the conditions listed on the application form. You should then also fill out the medical enquiry form as described above.
If your illness changes or you receive a new diagnosis, you must also notify the DVLA of these new developments.
How do I surrender my license?
If your doctor has already advised you not to drive, in accordance with the standards of fitness to drive, you may wish to surrender your license. If you do so, you can reapply for it to be restored at a later date when you have improved and you have your doctor's or specialist's support. In this case, as soon as your application is received by the DVLA, you may resume driving.
When medical enquiries are made and your condition does not currently meet the required standards, your license will be revoked. Therefore, if it seems unlikely that you will meet standards, surrendering your license may make it easier for you to get your license back at a later date, provided you can then meet the medical standards for fitness to drive.
You can download the Declaration of Voluntary Surrender at the DVLA website.
What happens after the DVLA is notified?
As long as you provide full information, the DVLA can usually process your medical enquiry within 15 days. If they need further information from you, your doctor or other sources, or if you’re applying for a bus or lorry license, they will try to complete the process within 90 days.
Possible outcomes are:
You may be able to keep your license or be issued with a new one.
If the medical advisor thinks your medical fitness needs to be reviewed periodically, you may be issued with a license valid for 1, 2 or 3 years.
Your license may be taken from you (revoked) or your application refused. This will only happen if they find that you do not currently meet required standards of fitness to drive. In this case, you would be given a medical explanation of the decision and advice on when you can reapply.
The decision that the DVLA makes may be different depending on whether you are having an acute episode or you have a controlled chronic condition, and the nature of your condition. It will also depend on the type of license involved.
Driving & Medication
Section 4 of the Road Traffic Act 1988 does not differentiate between illegal or prescribed drugs, as it’s the effect they have upon your ability to drive which is the concern. This means that anyone found driving whilst unfit, due to any drug, could be prosecuted.
People whose driving ability may be impaired through their illness or prescribed medication should inform their insurance company. Failure to do so is considered to be 'witholding a material fact' and may render the insurance policy void.
Not all insurance companies take this information into account and it won't affect your premium. But if they do ask, you should either check this with the company, or assume you have to tell them.
You should stop driving until you receive the outcome of the medical enquiry. A period of stability which depends on your circumstances will be necessary before you can start driving again.
Acute psychotic disorders of any type
You must stop driving during the acute illness. Re-licensing can be considered when you have remained well and stable for at least 3 months, when you are adequately compliant with treatment, when you are free from side effects of medication that would impair your driving, and when you doctor provides a favorable report.
Bipolar disorders including hypomania / mania
You must stop driving during the acute illness. Following an isolated episode, re-licensing can be considered when you have remained well and stable for at least 3 months, when you are adequately compliant with treatment, when you are free from side effects of medication that would impair your driving, and when your doctor provides a favorable report.
Chronic schizophrenia and other chronic psychoses
You must satisfy the conditions that: you have remained well and stable for at least 3 months, that you are adequately compliant with treatment, you are free from side effects of medication that would impair your driving, and your doctor provides a favourable report.
Continuing symptoms do not necessarily mean that you can’t have a license. In order to be allowed to have a license, any ongoing symptoms must be ones which are unlikely to cause significant concentration problems, memory impairment or distraction whilst driving.
All of the above relates to licensing standards for an ordinary car license. However, for information on professional driving (taxi, heavy goods vehicle, public services vehicle, fire engine, ambulance or police vehicle), please see the DVLA website.
Appealing a decision made by the DVLA
If you disagree with a decision made by the DVLA regarding you licence, you may be able to appeal to your local Magistrates' Court within 6 months (England and Wales) or to your local Sheriff Court within 21 days (Scotland).
If you do decide to appeal, you need to inform the DVLA that you are doing so and you may wish to seek independent legal advice.
If you have further evidence relating to your condition which is relevant to your fitness to drive, you should bring it to the attention of the DVLA straight away. You may find that the issue can be resolved this without the Court's involvement.
Motor Insurance
There are no regulations covering motor insurance for people with mental health problems.
At present, if the Driver and Vehicle Licensing Agency issue you with a driving license then you should be able to get motor insurance. However, there is evidence that people with some forms of mental illness are more prone to road traffic accidents. Depending on the circumstances, and the policy you may have to pay a higher premium.
If you do not disclose an illness, including mental illness, when you take out insurance and you have an accident, even if the accident is not your fault or was not due to your illness, you may not be paid. This is because most policies are void if you fail to disclose any form of illness. It is worth checking with the insurance company what their policy is on mental illness with regards to premiums, as not all companies even take this into account and your premium will not be affected. Again, it is crucial to check with your company what their policy is on this – some companies do not ask you to disclose your diagnosis but others do and it is crucial that you do the right thing.
