DVLA Fitness to Drive – Updated 10 August 2021
SECTION 88 OF THE ROAD TRAFFIC ACT 1988
During COVID many drivers’ licences have expired. The DVLA initially gave extensions so that drivers could continue to drive and work. For many drivers however, this extension is coming to an end.
Some Drivers are now being told by the DVLA to ask their GP if they are “fit to drive” so that they can continue to drive under Section 88 of the Road Traffic Act 1988 (RTA 1988). The DVLA has produced a leaflet which explains RTA 1988.
GPs are NOT qualified, trained or indemnified to advise patients whether or not they are fit to drive.
In normal circumstances a practice may provide a factual report for the DVLA so that their expert medical advisers will decide upon fitness. If a GP were to provide an opinion that their patient was ‘fit to drive’, and then an accident were to occur, the GP may be liable. This would not be covered by the NHS Clinical Negligence Scheme for General Practice, as this is not NHS work.
Thank you for your understanding.