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PostPosted: Thu Dec 23, 2004 10:59 
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SafeSpeed wrote:
It's an outrage


Indeed, if we have the full picture, this problem Ryujin has experienced would be an outrage. As promised, under the Freedom of Information Act, I have obtained the DVLA's position on this matter. Here is the full response, less the salutation and valediction etc.

DVLA wrote:
The Road Traffic Act 1988 is the legislation that covers the powers that DVLA have in respect of Driving Licences. Specifically Section 99 (4) is the part that states that a licence holder must surrender a licence to the Secretary of State (in practice DVLA) following a change of name or address. Section 99 (5) makes it an offence not to do so.

Although failure to comply with the duty is an offence and a fine may be imposed, the licence would not be revoked in these circumstances. A licence may be revoked for the following reasons:
· On Medical Grounds.
· Under the New Drivers Act 1995.
· If a licence was issued in error.

I should point out that interpretation of the law is a matter for the Courts.

The Publication Scheme lists the classes of information that an authority has made available and methods of access. I note your request that the internal guidelines are made available on the Agency’s Publication Scheme. Whilst this approach has been considered, I am afraid that it would be impractical in terms of size and keeping it up to date. However, details of how to request information contained therein is included in the Publication Scheme.


So there you are. As policy, the DVLA does not revoke the licence for failure to surrender a licence following a change of name or address, and it has made public the specific cases where it does. I have not checked that. Although IANAL (I am not a lawyer), it seems to me (if I have the full picture) that Ryujin's license has been revoked by error in contravention of this stated policy, in which case the revocation is invalid and could not stand. I suggest Ryujin (or his legal person) checks out the Publication Scheme, and appeals with this policy, which has been provided to me by the DVLA Freedom of Information office. Demand that they either a) explain the discrepancy in a reasonable timescale, or b) confirm the revocation is void.

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PostPosted: Thu Dec 23, 2004 15:26 
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Nice work BW.

Credit where credit is due!


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PostPosted: Thu Dec 23, 2004 16:46 
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Wow, this is quite simply unbelievable. Except it's not, because it's the sort of thing that's all to easy to imagine happening. Best of luck to you, I hope this all gets sorted out!

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PostPosted: Thu Dec 23, 2004 18:00 
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r11co wrote:
Nice work BW. Credit where credit is due!


Thanks, but it has occurred to me that he might not be out of the woods yet.

Although they don't revoke for failure to notify an address change, a condition occurs when a person is at a new address and points need to be added, but he or she can't be contacted because the address is out of date. Hm… DVLA could argue that this is failure to provide the licence for the points to be added, but –

a) he had explained that DVLA themselves were holding the licence when the points were set.
b) he had given DVLA information at that time about his whereabouts.
c) later, when they had got themselves sorted out, he had no way to know he had to provide the licence (that they had erroneously sent back without points added) for the points to be added on.

That is a “race condition” that the DVLA system appears to be unable to resolve! They really have no option but to cave in, but getting a bureaucratic institution to see the picture is another thing. For that reason, I would be surprised if there were no Citizen’s Charter/Ombudsman for settling these things. The DVLA only needs the slightest excuse to get in an awful pickle over things. At least with this information act, they are obliged to show a set of unambiguous procedures openly, and I am sure that will help them sort things out in the long term.

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