Having your driving licence revoked means that your legal entitlement to drive has been taken away, and you can no longer legally drive. There are several reasons that this might occur, and not always because of driving offences - for example, medical reasons that affect a person's ability to drive safely might also cause their licence to be revoked. Thankfully, there are routes through which a person's licence can be returned, a right of appeal and, in some cases, the option to apply for a new licence to get your car back on the road.

In this guide, the expert motoring solicitors at JMW explain what it means when your licence is revoked, how revocation differs from a court disqualification, and the most common reasons a driving licence is revoked in England and Wales. We then set out the practical steps you can take to get your licence back, how to appeal a decision you disagree with, and how our expert team can support you.

What Does it Mean When Your Driving Licence Is Revoked?

When your licence is revoked, the DVLA or the courts cancel your entitlement to drive. The document is no longer valid, and you cannot lawfully drive on public roads until you have taken the right steps to restore that entitlement. Unlike a disqualification, which is a ban imposed by a court for a fixed period, a revocation is permanent unless you apply to get your licence back.

Depending on why your driving licence was revoked, restoring your entitlement might involve applying for a new provisional licence and passing your driving test again, or satisfying the DVLA that you are once again medically fit to drive safely. Unless your licence is revoked by the court following a driving offence, you will usually find out by post. In these cases, you should read the decision letter carefully to learn who has revoked the licence and why. Keep it safe, as you may need to use the letter as evidence, and speak to a solicitor about your options at your earliest opportunity.

Why Is a Driving Licence Revoked?

There are two main reasons that a licence is revoked in England and Wales, although it may be possible in other circumstances. 

1. Typically, if a new driver reaches six penalty points within two years of passing their first test, their licence is revoked under the Road Traffic (New Drivers) Act 1995 unless they successfully defend the underlying offence. 
2. Alternatively, the DVLA may revoke a licence on medical grounds, where a notifiable medical condition affects your ability to drive safely.

New drivers

The Road Traffic (New Drivers) Act 1995 holds recently qualified motorists to a higher standard than others. During their first two years on the road from the date they pass their first driving test, if a driver accumulates six or more penalty points, the DVLA will revoke their licence automatically. This includes any points acquired on a driver's provisional licence. Neither the police, the DVLA nor the court have any discretion once the threshold is reached.

It is important to drive carefully, as penalty points can accumulate quickly. For example, driving without insurance carries a minimum of six penalty points on its own, as does using a hand-held mobile phone while driving, and even speeding can carry up to six points by itself. A single serious offence, or a couple of smaller ones, can therefore trigger revocation in the first two years. 

By contrast, after the first two years, drivers face an automatic disqualification once they reach 12 points, but not a revocation. The two are sometimes confused, but a totting-up disqualification is not permanent and, in most cases, the licence is returned automatically after six months.

DVLA revocation on medical grounds

The Secretary of State may only refuse to grant a licence on medical grounds where the applicant ‘is suffering from a relevant disability’ S. 92(3) of the Road Traffic Act 1988.

The DVLA can revoke or refuse a licence where a notifiable medical condition affects safe driving. This includes a history of drugs/ alcohol dependence or misuse. As a licence holder, you have a legal duty to tell the DVLA if you develop a notifiable condition, or if an existing one gets worse. Notifiable conditions cover anything that could affect your ability to drive safely, and GOV.UK lists examples including epilepsy, strokes, diabetes, fainting, certain heart conditions, and even mental health conditions that affect safe driving.

Failing to notify the DVLA is itself an offence, and you can be fined for failing to tell the DVLA about a notifiable condition. Where a doctor tells you to stop driving for three months or more, or your condition affects safe driving for that long, you may have to voluntarily surrender your licence or face having it revoked. Thankfully, a medical revocation is only likely to be permanent if you have a chronic condition - if you can show that you meet the medical standards for safe driving, you can often get your licence back.

Can You Get Your Licence Back After Revocation?

Thankfully, it is possible to get your licence back after the DVLA revokes it, although the process will depend on the reason for the revocation and can require you to essentially start again from scratch. 

New Drivers

For example, if your licence is revoked because you received six penalty points within your first two years of driving, you will revert to learner status. That means you must apply and pay for a new provisional licence, pass your theory test again and then take a new practical driving test.

Only once you have passed both parts is a full driving licence reissued. When you have passed the test a second time, you are no longer subject to a further probationary period under the Road Traffic (New Drivers) Act 1995. This means that receiving six points on your licence would not trigger a second automatic revocation, although the normal totting-up rules would apply and you could face a driving disqualification if you reach 12 or more penalty points.

Medical Revocation

To restore your full driving licence after a medical revocation, you must confirm that you are in good health and meet the required standards and then reapply. You should check with your doctor that you meet the medical standards for driving, then complete a licence renewal application form for your specific condition, together with the relevant DVLA application. You may be asked to send medical evidence to the DVLA's Drivers Medical Group before your full licence will be restored. The DVLA may also arrange a driving assessment to confirm you can drive safely.

Notably, if you were disqualified due to alcohol dependence, confirmed through medical enquiry, and you wish to drive a car or motorcycle again, you must demonstrate abstinence from alcohol for a minimum of 1 year (continued monitoring for 3 years). For a bus and lorry, this is 3 years (continued monitoring for 5 years).

For drug/ alcohol misuse a minimum 6 months free from misuse must be demonstrated (1 year for bus/ lorry).

‘Totting Up’ Disqualification

If you have been disqualified rather than having your licence revoked, and the disqualification period lasted for 56 days or more you must reapply for a new licence after the disqualification period ends. The court may also order you to pass a standard or extended driving test before your full entitlement is restored. If the ban was for a short period of less than 56 days, you can continue driving once it ends without a fresh application.

Can You Appeal a Revoked Licence?

In many cases you can challenge a decision you believe is wrong, but the appeal process depends on who made the decision. If the DVLA revokes your licence on medical grounds, the first step is usually to ask the agency to reconsider. You can send any relevant medical information that was not part of the original assessment as proof that you meet the required standards, or use your statutory right to appeal to your local Magistrates' Court to challenge the DVLA's decision. Expert solicitors at JMW can assist in preparing this evidence and drafting written representations in support of your application.

Where a court conviction caused the revocation, the DVLA has no discretion and no appeals process. The appeal for an automatic six-point revocation is arguing against the underlying sentence to the Crown Court. 

Speak to an experienced motoring solicitor from JMW to learn more about getting back behind the wheel of your vehicle in these cases.

Can You Defend a ‘Totting Up’ Disqualification?

If your licence is at risk through totting up, it may be possible to defend the underlying offence and prevent any points from being added to your licence, which would also prevent any disqualification period. 

At JMW, our expert motoring solicitors defend drivers across England and Wales to protect their driving entitlement. 

If the original offence cannot be defended, it may be appropriate for you to argue exceptional hardship, which asks the court not to impose a disqualification because a ban would cause hardship that goes well beyond ordinary inconvenience. The Sentencing Council's rules are complex, and legal support is vital to your chances of success in resisting a totting up disqualification.