DVLA Section 88: Can You Drive Without a Valid Licence?

DVLA Section 88: Can You Drive Without a Valid Licence?

In the UK, Section 88 of the Road Safety Act, also known as DVLA section 88 lists circumstances where a person is allowed to drive even if their driving license is not valid. A common scenario in which this section may apply is when a motorist is waiting for their driving license renewal application to be processed and their driving license has expired.


In circumstances such as the Covid-19 pandemic wherein UK driving license renewal was said to be taking up to 2 months to be processed, it could be crippling to go about daily life without being able to drive. DVLA 88 and its exemptions proved vital at those times.


In this blog, we discuss DVLA section 88 in detail, including circumstances wherein it may apply to you.


Content Overview


How To Renew A Driving Licence in the UK


What Is Section 88 Of The Road Traffic Act?


Who can drive under section 88 of the Road Traffic Act?


How Long Is Section 88 Applicable?


When does Section 88 become invalid?


Does Section 88 Apply After Medical Revocation?


How To Renew A Driving Licence in the UK

There are three ways to renew your driving licence in the UK: Online; by mailing the documents to the DVLA; or applying directly at the post office counter.


Regardless of the method you choose, the new licence will come into effect from the date the renewed application is approved. The quickest and cheapest method of application is definitely via The Driver and Vehicle Licensing Agency website, but you need to be a resident of Great Britain with a valid UK passport to apply online. You will have to provide your current driving license (or furnish further information stating why you don’t have one), addresses you have resided at in the past three years, and pay a fee of £14.


If you are not eligible to apply online or prefer to do things via post — you can walk into any post office that deals with DVLA photocard renewal and vehicle tax to start the process.


If you have received a reminder letter in the post, simply bring it to the post office and pay a £21.50 fee to apply at the Post Office counter. An old driving license is also accepted if you don’t have the reminder letter. Be mindful, however, that if your name has changed — you can only apply via Post. 


In that case, the Post Office will give you the required pack of D1 forms and you will need to post your completed forms with your old driving license, a recent passport photo and a cheque/postal order to the DVLA for £17. Your identity documents will also need to be included if your name has changed. Once you have all the documents that apply to you, you can send the application to DVLA, Swansea, SA99 1DH.


Note: If you are above 70 years old (or will be in the next 90 days) and are a resident of Great Britain who fulfils the minimum eyesight requirement as per the driving eyesight rules — you do not have to pay a fee for a driving license renewal.

What Is Section 88 Of The Road Traffic Act?

Regardless of the validity of DVLA 88, you should ideally apply for renewal well within the validity period of your existing licence so that your application gets processed before your previous licence expires.


But of course, not everything is ideal in real life and due to some reasons beyond your control, you might not have been able to send in your application before your current licence expired. Or it’s also possible that the DVLA took time to process your licence, as is the case during the pandemic. 


That doesn’t mean you cannot drive between the period your current licence expires and your renewed licence is approved. One particular section under the law protects you during this period.


Section 88 of The Road Traffic Act 1988 lays down situations where you can drive even if you do not hold a valid driving licence. This section generally comes in handy in the interim period between the expiry of your licence and your new licence being approved.


It is there to protect you when the application process from your end has been completed and is under DVLA’s review.


The section lays down some requirements you need to meet to be able to drive without worrying about your license being under renewal. If you don’t meet all the requirements, you are not eligible to drive on UK roads.

Who can drive under section 88 of the Road Traffic Act?

You can drive under Section 88 if you meet the following requirements:

  • You must have medical clearance for driving from your health practitioner. Ideally, your doctor should be using the official guide while assessing fitness to drive to make this decision.
  • You have been granted a valid driving license in the past, which can be a full or provisional GB license, a European Community Licence, a Northern Island Licence, an exchangeable licence, British external/British Forces Licence.
  • You are driving only those vehicles that are on your current application and which you were allowed to operate as per your previous licence.
  • You still fulfil all the conditions attached to the previous licence that still apply to you.
  • DVLA has acknowledged that they have received your complete application for renewal within the previous 12 months.
  • A competent court does not disqualify you from driving or has not qualified you as a high-risk offender post 1 June 2013 for reasons such as drunk driving. Your previous license was not revoked for medical reasons.
  • If you were a Group 2 (bus or lorry) license holder, your entitlement has not been refused previously.


Other points to note:

  • Section 88 comes into effect as soon as DVLA receives a correct and complete application from your end, provided you meet the above requirements. You do not have to do any additional paperwork to receive protection under Section 88.
  • Please do not declare your medical fitness without consulting a doctor if you have any doubts regarding any medical condition that might impede your ability to drive.
  • It is your sole responsibility to ensure that you meet all the criteria under Section 88 in the period you are driving while your renewal application is under review. You risk getting a ban if all the stipulations under Section 88 are not fulfilled.

How Long Is Section 88 Applicable?

Section 88 is applicable for a year from the time your application gets accepted by DVLA, that is, the date they have sent an acknowledgement of your application via SMS, email, or post.

When does Section 88 become invalid?

Section 88 will be rendered invalid under the following conditions:

  1. You receive your new driving license, as now you are eligible to drive under this renewed license, and you don’t need Section 88.
  2. You receive communication from the DVLA via a notice stating that your renewal application has been refused or your license has been revoked.
  3. You have been disqualified from driving, or you no longer meet the requirements mentioned under Section 88, which we have covered above.

Does Section 88 Apply After Medical Revocation?

In case your license has been revoked due to a medical condition, you can apply to the DVLA for a new driving license once your doctor has confirmed that you are fit to drive and you meet the required medical standards. 


Along with your application for a new license, your health practitioner will have to fill a form showing proof of fitness for driving. Once you have confirmed this and applied for a new license, you will not be allowed to drive until you receive your new license. 


Therefore, even during the interim period while your application is being considered, you cannot drive and invoke DVLA Section 88.

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