If you are a driver of a commercial vehicle and you are diagnosed with a medical condition, there are a number of steps you must take to ensure regulatory compliance. Furthermore, it is paramount for operators to ensure their drivers are fit to drive. This is in order to avoid hefty fines, and most importantly to protect other road users.

Which medical issues might impact your ability to drive?

There are many medical issues which might impact your ability to drive a bus, coach or a lorry. Medical conditions will affect individuals differently and the DVLA recognises this – conditions will be assessed on the basis of how they affect the individual and their driving.

Licence holders have a legal duty to notify the DVLA of any injury or illness that would have an impact on their safe driving ability.

The government has published a list which allows you to check whether your health condition is reportable - this can be found here. It is important to note that the requirements are different for cars and motorcycles than they are for buses, coaches and lorries. This article is focusing on the latter.

Some examples in relation to buses, coaches and lorries include:

• Alcohol – you must tell the DVLA if you have an alcohol problem.
• Alzheimer’s – you must tell the DVLA if you have Alzheimer’s disease.
• Amputations – you must tell the DVLA if you have had a limb amputated.
• Heart attacks – you must tell the DVLA and stop driving for 6 weeks if you’ve had a heart attack.
• Anxiety – you only have to tell the DVLA if your anxiety affects your ability to drive safely.
• Cancer – you only have to tell the DVLA if your condition will affect your driving.
• Deafness – you must tell the DVLA if you are deaf.
• Diabetes – you must stop driving and tell the DVLA when you start insulin treatment. DVLA will tell you when you can start driving again.
• Eye conditions – you must tell the DVLA if you have any of the listed reportable conditions, or if you do not meet the visual standards for driving.
• Pacemakers – you must tell the DVLA if you have been fitted with a pacemaker.
• Surgery – you only need to tell the DVLA if you have had an operation and are still unable to drive 3 months later.

Government guidance states that anyone with a medical condition likely to cause a sudden disabling event at the wheel, or who is unable to control their vehicle safely for any other reason, must not drive. The DVLA defines the risk of a sudden disabling event as 2% likelihood for lorry drivers.

What will the DVLA do?

Once a medical condition has been reported, the DVLA will investigate the matter and come to a decision. They might:

• contact your doctor or consultant,
• arrange for you to be examined, or
• ask you to take a driving assessment, or an eyesight or driving test.

 They will then issue the driver with a decision letter. Decisions may include:

• continue driving (no action taken),
• continue driving with adaptations,
• a shorter licence, or
• a decision that the driver must stop driving and surrender their licence.

 It is important for drivers and operators to remember that revocation is not the default position. There are many medical conditions that do not impact your safe driving ability, and there are many adaptations and medications that can help those that do. What is important is to obtain help from medical professionals and the DVLA to ensure you are not putting other road users at risk.

 Drivers will be obliged to surrender their licence if any of the following are true:

• their doctor advises them to stop driving for 3 months or more,
• their medical condition affects their ability to drive safely and lasts for 3 months or more, or
• they do not meet the required standards for driving because of their medical condition. The required standard for driving is to be assessed by medical professionals.

Drivers who have to stop driving can apply to get their licence back when they meet the medical standards for driving again.

Operator's obligations

Operators have general obligations to ensure that their drivers are professionally competent. This includes being medically fit to drive. The Transport Manager takes on some more specific responsibilities such as ensuring drivers have a valid licence. The Transport Manager is also responsible for effective and continuous management of the transport activities.

It will not be sufficient to simply wait for a driver to say if they have a medical issue. It is a well-established principle that “ignorance is no defence”. Therefore, operators have a duty to ask the right questions, carry out the appropriate lines of enquiry, and stop drivers from working if necessary.

What are the potential implications?

If a driver fails to tell the DVLA about a medical condition that affects their driving, they may be fined or prosecuted for dangerous driving.

If they are involved in an accident as a result of the medical condition, they may also be prosecuted in relation to that incident. Criminal offences for the driver might include:

• Causing injury by dangerous driving,
• Causing death by dangerous driving, and
• Gross negligence manslaughter.

The operator may also be liable to a conviction of corporate manslaughter if they do not have the correct policies and procedures in place to prevent dangerous driving and someone dies as a result.

The operator might also be liable under a number of Health and Safety at Work Act offences, such as failing to discharge their duty to protect workers and others from risks to their health and safety. No one has to be injured for this offence to be made out – an operator can be prosecuted where there is a risk of injury. Action might take the form of verbal or written advice, an improvement or prohibition notice, or criminal prosecution. If HSE have to intervene, you may also be required to pay them for their time.

The operator can also be liable to pay compensation under civil law if their negligence has caused someone harm.

Finally, an operator’s failure to uphold their responsibilities can lead to severe regulatory consequences. The Traffic Commissioner may revoke their operator’s licence, and even disqualify a director from managing a licence-holding company. This disqualification can range from a specified period to an indefinite ban, jeopardising both personal and business interests.

What steps can operators take?

There are a number of steps operators can take to reduce the risk of an incident and ensure compliance.

1. When recruiting drivers, ensure that they sign a declaration to say that they have informed the business of any medical conditions, and will inform the business about any new diagnoses which arise during their employment.
2. Actively check drivers by asking them about relevant medical conditions at least every 6 months.
3. Monitor drivers who take time off work unwell, or who attend medical appointments, and ask them additional questions.
4. Undertake regular training sessions with drivers and managers so that they are aware of their obligations.
5. Keep an accurate record of all policies and procedures, as well as up to date HR records for all drivers.

If an operator becomes aware of a driver’s medical issue, they must check the list on the government website and advise the driver on their reporting obligations. If the driver refuses to report, the operator can make the report themselves. The risk to other road users is likely to trump the individual’s right to privacy.