Section 88 of the Road Traffic Act 1988

During COVID many drivers’ licenses 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 driver under Section 88 of the Road Traffic Act 1988 (RTA 1988). The DVLA has produced a leaflet which explains RTA 1988.

GPs are not usually qualified, and may not be 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 covering by the Clinical Negligence Scheme for General Practice, as this is not NHS work.

For these reasons, we are advised that if there is any doubts about whether a person is fit to drive, the GP should decline to provide this assurance. As GP’s it is not our place to provide an opinion as to an individual’s fitness to drive per se, but we may offer to provide factual information about a patient’s health, with their consent.

If a GP chooses to produce a bespoke report prepared for the patient to be sent to the DVLA on their behalf, a reasonable fee will be charged as this is not NHS work