How to appeal a DVLA medical decision

If DVLA has revoked your licence or refused your application on medical grounds, you can ask a court to decide that DVLA got it wrong. In England and Wales that means the magistrates’ court; in Scotland, the sheriff court. This guide sets out what the law and GOV.UK say about time limits, the notice to DVLA, costs and advice, so you can decide whether an appeal is right for you.

Who can appeal

Section 100 of the Road Traffic Act 1988 says that a person aggrieved by a refusal or revocation of a licence under section 92 or 93 may, after giving the Secretary of State notice of their intention, appeal to a magistrates’ court (in England and Wales) or to the sheriff (in Scotland). DVLA acts for the Secretary of State for Transport, so in practice you write to DVLA.

On an appeal, the court may make such order as it thinks fit, and the order binds the Secretary of State.

Time limits

England and Wales: 6 months

GOV.UK says you can appeal by contacting your local magistrates’ court within 6 months, and that you must tell DVLA in writing if you choose to appeal. Separately, section 127 of the Magistrates’ Courts Act 1980 says a magistrates’ court can’t hear a complaint unless it was made within 6 months from the time the matter of complaint arose.

The kit counts from the date printed on your decision letter, the earliest date that could apply, to keep you on the safe side. If you’re unsure, ask the court office and use the earlier date. If the last day falls on a weekend or bank holiday, don’t assume you get extra time: court offices are not usually open then, so aim well before it.

Scotland: 21 days

GOV.UK says that in Scotland you appeal by contacting your local sheriff court within 21 days, and you must also tell DVLA you’re appealing within 21 days. That is far shorter than in England and Wales, so if you live in Scotland and are thinking of appealing, take advice quickly. The Scottish Courts and Tribunals website lists the sheriff courts.

The steps, in order

1. Get your file. A subject access request to DVLA is free, and shows the reports DVLA relied on. You’ll want them before you decide.
2. Take advice if you can. GOV.UK suggests you may want legal advice before you appeal, and says you might be able to get legal aid. Use GOV.UK’s legal adviser finder and legal aid checker.
3. Give DVLA written notice first. GOV.UK gives this address directly under its appeal guidance for England and Wales: Driver and Vehicle Licensing Agency, Drivers Medical Group, Swansea, SA99 1DF. Keep proof of posting. (Our list of DVLA medical addresses shows how it differs from the others.)
4. Contact your local magistrates’ court. Find it with GOV.UK’s court finder. Ask how it wants the appeal lodged, what documents it needs and the current fee.
5. Check for help with the fee. GOV.UK’s Help with Fees scheme depends on your savings, benefits and income, and you can apply before or after paying.
6. Build your evidence around the standard. The question is whether you meet DVLA’s published medical standard, so medical evidence that is dated and specific to each requirement matters. Evidence about why you need to drive doesn’t address the standard.

The costs risk

This is the part people most often miss. You would be taking the Secretary of State for Transport to court, and any party to proceedings before a magistrates’ court may be represented by a legal representative (Magistrates’ Courts Act 1980, section 122), so be prepared for the other side to have a lawyer.

When a magistrates’ court dismisses a complaint, it has the power to order the person who brought it to pay the other side’s costs, in whatever sum it thinks just and reasonable (section 64). Those costs are enforceable as a civil debt. You also pay your own costs either way: the court fee, any medical reports, any legal fees, and your time.

And an appeal doesn’t restore driving in the meantime. After a medical revocation or refusal, DVLA’s leaflet INF188/6 says you must wait for DVLA to issue a new licence.

How long does an appeal take, and what does it cost?

We haven’t found an official figure for either. Neither GOV.UK nor the legislation says how long a DVLA medical appeal takes to be heard, so ask the court office when you first contact it. The court fee for this kind of appeal isn’t published on the pages we checked either: ask the court office for the current fee, and check GOV.UK’s Help with Fees scheme, which depends on your savings, benefits and income.

Budget for more than the fee: any medical reports you commission, any legal fees, and the risk above that the court orders you to pay the other side’s costs if your appeal is dismissed (section 64).

Do I need a solicitor?

You can bring an appeal yourself, but GOV.UK says you may want legal advice before you appeal, and that you might be able to get legal aid: use its legal advice finder and legal aid checker. Any party to proceedings before a magistrates’ court may be represented by a legal representative (section 122), so be prepared for the other side to have a lawyer. Because of the costs risk, advice before you lodge an appeal is worth getting, even if you then run the case yourself.

Before you appeal: the other two routes

GOV.UK lists two other options after a letter telling you to stop driving: sending DVLA more medical evidence, and reapplying if your letter says you can. If your case is really that you meet the standard now, one of those may be more direct than a court hearing, and cheaper. If a waiting period in your letter ends before a hearing is likely, a new application may get you back on the road sooner.

You can pursue them side by side, but treat the appeal clock as running: nothing in DVLA’s published guidance says that sending further evidence pauses it. Our guide to what to do when DVLA revokes a licence on medical grounds explains both.