For those living with diabetes, whether Type 1 or Type 2, the rules around driving can be unclear.
According to the DVLA, diabetes is a proscribed disability. This means it’s not only something they need to be informed of, but importantly, can greatly affect your ability to lawfully drive a vehicle.
This article provides some much-needed clarity on what is a complicated and often confusing part of the law.
What is the legal background around diabetes and driving?
Firstly, the rules around driving with diabetes differ based on what vehicle you plan on driving, with cars and motorcycles requiring group 1 licences, and buses and lorries requiring group 2 licences.
Group 1 licences
For group 1 licence holders (those who drive a car or motorcycle), you MUST either disclose this prior to obtaining your licence or stop driving and tell the DVLA if you have:
- TWO OR MORE episodes of severe hypoglycaemia during the previous one-year period (episodes in which assistance of another person is required); or
- impaired awareness of hypoglycaemia.
Importantly, an applicant for a licence who has insulin-treated diabetes is not barred by that disability from obtaining a licence, if they:
- do not have impaired awareness;
- can demonstrate an understanding of the risks of hypoglycaemia and adequate control of the condition;
- undertake appropriate monitoring to assess glucose levels and any risk of hypoglycaemia;
- are under regular medical review; and
- are persons whom the Secretary of State is satisfied that the driving of a vehicle in accordance with the licence is not likely to be a source of danger to the public.
Group 2 licences
The rules surrounding licences and diabetes for group 2 drivers (those who drive a bus or lorry) are stricter. In this instance, you must stop driving and tell the DVLA if you have:
- ONE OR MORE episodes of severe hypoglycaemia during the previous one-year period, or
- impaired awareness of hypoglycaemia.
If your diabetes has been treated with insulin for over 4 weeks, you have awareness of hypoglycaemia and there has been no severe hypoglycaemia attack for a year, then you will not be prevented from obtaining a licence.
Can the DVLA revoke my licence?
Yes. The above criteria affect not only your ability to obtain a licence, but the DVLA can also revoke an existing licence if they feel your diabetes is likely to make the driving of a vehicle a source of danger to the public.
At any time whilst your licence is enforced, the DVLA can require you to partake in a medical examination for the purpose of evidencing the nature of your diabetes and its treatment.
It is incredibly important you cooperate with the DVLA if they request such information. If they believe your diabetes risks making the driving of a vehicle a source of danger, or they are simply not provided adequate information, they may revoke your licence.
What do I do if my licence is revoked?
If your licence is revoked, you have a legal right to challenge it. Appeals relating to a revoked licence must be made to the Magistrates Court. The most efficient way to do this is to instruct solicitors/counsel, who can do this on your behalf.
To appeal, you will need to show that your diabetes is not likely to make the driving of a vehicle a source of danger to the public. This would require medical evidence in relation to your diabetes, particularly concerning its type, treatment and severity of any hypoglycaemia you may suffer from.
Counsel at Citadel Chambers are frequently instructed in driving matters at the Magistrates and Crown Courts. For more information on how we can assist with such matters, please contact Citadel Chambers at: (0121) 233 8500.
Useful Links:
Diabetes UK – Diabetes and Your Driving
Gov.uk – Diabetes and Driving