Section 88: can you drive while DVLA decides?

Section 88 of the Road Traffic Act 1988 can let you keep driving while DVLA deals with your application, even though you don’t hold a current licence. It is the rule behind GOV.UK’s line that “you can usually keep driving” while DVLA considers a medical case. But it has strict conditions, and one of them rules it out completely after a medical revocation or refusal.

What section 88 is

DVLA’s leaflet INF188/6, “Can I drive while my application is with DVLA?”, explains it. In practice, it says, section 88 applies when you’ve applied to DVLA to renew your licence but the licence expires while DVLA is processing the application. Medical cases are the common example, because a renewal that needs reports from your doctor can take months.

The conditions you must meet

INF188/6 says you must meet all of the following to drive under section 88:

• you meet the medical standards of fitness to drive, and you haven’t been told not to drive by a doctor or healthcare professional;
• you have held a valid driving licence, and you only drive vehicles you’ve applied for on your current application and were entitled to drive on your previous licence;
• if you hold a Group 2 (bus or lorry) licence, your entitlement hasn’t been suspended, revoked or refused by a traffic commissioner;
• you meet any conditions specified on your previous licence that still apply;
• DVLA has received your correct and complete application within the last 12 months;
• your last licence was not revoked or refused for medical reasons;
• you are not currently disqualified from driving by a court;
• you are not reapplying after being disqualified as a high risk offender on or after 1 June 2013.

The leaflet adds that it is your responsibility to make sure you meet the criteria at all times while you drive before your licence arrives.

Who decides whether it applies

Not DVLA. INF188/6 says that while DVLA is completing medical investigations, it cannot tell you whether section 88 applies to you: you and your doctor or healthcare professional are in the best position to consider the criteria and decide whether you should drive. If you’re unsure whether your condition meets the standard, ask your doctor, or look up your condition in DVLA’s “Assessing fitness to drive” guide, which is written for healthcare professionals.

When it never applies

If your last licence was revoked or refused for medical reasons, section 88 doesn’t cover you. INF188/6 answers the question directly: “My licence was revoked/refused for medical reasons. Can I drive? No.” You must wait for DVLA to issue a new licence, and that stays true while you send further evidence, reapply or appeal.

If you surrendered your licence voluntarily, section 88 may cover you while a new application is processed, if you meet every condition. But the leaflet says that if your condition meant you had to take a specified amount of time off driving, you must complete that time before you drive under section 88. Our guide to voluntary surrender and revocation compares the two.

How long section 88 cover lasts

INF188/6 says cover lasts until one of these happens: you receive your new licence; DVLA refuses your application or revokes your licence (DVLA will write to tell you); your application is more than a year old; or you’re disqualified from driving after you sent the application.

Lorries, buses and changing licence type

If you drive a bus or lorry for a living and have applied to renew, INF188/6 says you may drive once DVLA has your correct and complete application, as long as you meet the criteria and your Group 2 licence hasn’t been suspended, revoked or refused by a traffic commissioner. If your Group 2 entitlement has expired and you’re now applying only for a car licence, you may drive only the vehicles on your current application that you were entitled to drive before.

Insurance and driving abroad

DVLA’s guide for medical professionals warns that choosing to ignore medical advice to stop driving may affect the validity of your motor insurance. And because section 88 is in UK law, INF188/6 says it may not be accepted in other countries: check with the licensing authority there before you travel.

If in doubt, don’t drive

GOV.UK says you could be fined up to £1,000 if you don’t tell DVLA about a condition that might affect your ability to drive safely, and you could be prosecuted if you have an accident. If you and your doctor aren’t confident every condition is met, the safe course is to wait. Our guide to DVLA medical delays covers what you can do to help a slow case move.