What Circumstances Require You To Notify DVLA

There are many circumstances that require you to notify the Driver and Vehicle Licensing Agency (DVLA) of a change in your motoring status or circumstances.

A failure to inform the DVLA of relevant changes could lead to a number of issues and even charges for criminal offences. Unfortunately, the rules are not always clear for motorists and can therefore be easily missed.

This article should help to provide an outline of the main considerations you should have as a motorist on UK roads as well as detailing the manner in which you can update the DVLA and avoid potential convictions.

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Change In Medical Circumstances

 One of the most prominent circumstances requiring motorists to update the DVLA is if you have a medical condition or disability which may impact your ability to drive. Some examples of relevant conditions are:

• Diabetes or taking insulin
• Syncope (fainting)
• Heart conditions (including atrial fibrillation and pacemakers)
• Sleep apnoea
• Epilepsy
• Strokes
• Glaucoma

Section 94 of the Road Traffic Act 1988 provides that the DVLA should be made aware of medical conditions, in writing:

• If at any time during the period for which his licence remains in force, a licence holder becomes aware
• that he is suffering from a relevant or prospective disability which he has not previously disclosed to the Secretary of State, or
• that a relevant or prospective disability from which he has at any time suffered (and which has been previously so disclosed) has become more acute since the licence was granted,

It is relevant to clarify that you do not need to disclose any disability that you have not previously suffered with, that you have reasonable grounds for believing will not last more than 3 months.

Knowing whether you should speak to the DVLA about your health or a relevant condition can be confusing, the best approach is to speak with your GP or a medical professional in the first instance.

Changes To Personal Details

 Alongside your medical circumstances you are also required to inform the DVLA of any changes to your personal details including your address, name and gender.

Whilst there is a legal obligation to update all details it is often a failure to update your address that can cause the most issues.

Your address will often be used to provide updates relating to your road tax, MOT reminders and other licence updates. A failure to update your address and therefore receive correspondence can lead to a number of other requirements being missed.

Keeping an updated record of your personal details is also necessary if you are using your licence as a form of identification.

Section 99(4) of the Road Traffic Act 1988 specifies that:

(4) Where the name or address of the licence holder as specified in a licence ceases to be correct, its holder must forthwith surrender the licence to the Secretary of State.

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Send us a message or call us on 0333 443 2366 for friendly advice

Details Of Vehicle Modifications

Many people make changes to their personal or business vehicles without appreciating how this could affect vehicle classification. There are a number of changes which you do not need to inform the DVLA about, however, some changes which you must inform them of include:

• Changes to the engine or fuel type: For example, converting to electric, hybrid, or LPG systems.
• Structural alterations: Modifications to the chassis, removal of seats, or changes to make the vehicle wheelchair accessible.
• Weight or dimensions: Significant changes to the vehicle’s weight or size, such as installing a roof box permanently or converting a van to a campervan.
• Braking or steering systems: Upgrades or replacements of these critical components.
• Cosmetic changes that affect vehicle classification: Such as painting a commercial vehicle to be used privately or changes that affect the vehicle’s type approval.
• Special equipment installations: Including winches, tow bars, or other utility systems.
• Wheels and suspension: If you install non-standard wheels or significantly alter the suspension system.

Certain modifications may also impact the vehicles tax bracket, insurance and whether it remains ‘road legal’.

How Do You Inform The DVLA?

 The manner in which you update the DVLA varies depending on what information has changed.

Reporting medical conditions

Notifying the DVLA of a medical condition is relatively simply and you can use the online A-Z checklist to do this: https://www.gov.uk/health-conditions-and-driving/find-condition-online

Once you have clarified the medical condition you will either be provided with an option to inform the DVLA online or given the link to a form that you must fill out and send off to the ‘Drivers Medical Group’.

Updating personal details

When changing your name you must usually complete the following steps:

1. Obtain the necessary supporting documents (marriage certificate, deed poll or divorce certificate);
2. Fill out form D1 (this form can be found at most Post Offices); and
3. Include your updated name in Section 6 of your V5C logbook.

All of the above must then be posted to the DVLA.

When changing your address you can use the online portal: https://www.gov.uk/change-address-driving-licence

Alternatively, you can complete this application by post, once again using form D1.

Informing of vehicle modifications

In most circumstances you will need to use Section 7 of your V5C logbook to inform the DVLA of your vehicle modifications, this section is titled ‘changes to current vehicle’.

Once completed you will need to post this to the DVLA at their Swansea office. In some cases you will need to provide additional supporting documentation such as:

• A report from a qualified engineer or mechanic (for structural modifications or engine changes).
• Photographs of the modifications.
• Certification for emissions or roadworthiness (if applicable).

The DVLA should contact you once the amendments have been confirmed.

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

Consequences For Failing To Inform The DVLA

There are a number of potential consequences for failing to update the DVLA and inform them of changes, such as:

1. Financial Penalties or Points
   1. If you fail to update your details you could be at risk of a fine or potentially penalty points. In some cases the police may determine that you are driving otherwise than in accordance with a licence if you have failed to accurately update your records
2. Invalidated Insurance
   1. If your vehicle details (especially any modifications) are not up to date then your insurance may be invalidated and you may face charges as a result of this.
3. Impounded vehicle
   1. If your vehicle has been modified without the DVLA’s knowledge then the police may impound your vehicle for not being roadworthy.
4. Criminal Convictions
   1. As well as receiving fines and potentially penalty points you could be at risk of more serious charges being brought. If a change in your details or vehicle causes an accident or leads to the injury of another you may be charged with an offence.

Your Options Should You Be Charged

If you are charged with a criminal offence then you may wish to obtain legal advice in the first instance. Navigating the many options available to you can be complex if you have not been in the situation previously.

Dependent on the case in question, you may wish to:

• Defend the charge brought
  • You may consider this option if you believe that you updated he DVLA as required or have been incorrectly charged.
• Present mitigation to reduce the potential sentence
  • This option is most common in cases where you may have technically committed the offence but have a reason as to why it occurred. The aim of this approach is to keep the penalty to a minimum.
• Accept the penalty.
  • The penalty for these types of offences is often small and can be restricted to a fine. It may be the most financially viable approach to simply accept the penalty imposed.

If you are facing a more serious offence, for which your failure to update the DVLA plays a role, it is advisable that you contact a legal professional before making any decisions on how to proceed.

Contact Caddick Davies Solicitors today
Send us a message or call us on 0333 443 2366 for friendly advice

Conclusion

Keeping the DVLA updated is easy once you know the steps. Failing to do so can be costly and may cause you issues further down the line. If you are ever in doubt about whether you need to update the DVLA you can use a number of methods to check:

• Use the online GOV website to search for the DVLA and what they need to be informed of: https://www.gov.uk/
• Contact the DVLA via phone or their webchat service: https://www.gov.uk/contact-the-dvla
• Contact the DVLA by post at their Swansea address: DVLA, Swansea, SA99 1BA

If you are charged with an offence it is highly advisable that you obtain advice from a legal professional and where possible a motoring law specialist so that you can prepare the best approach in your case.

If you are looking for expert legal advice relating to any of the above issues then please contact our office on 0333 443 2366 for a free consultation.

• About
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Neil Davies

Motoring Lawyer at Caddick Davies Solicitors

Caddick Davies is recognised as one of England and Wales’ leading motoring law firms, offering specialist Speeding Solicitors, Drink Driving Solicitors & Dangerous Driving Solicitors.We provide advice and representation on all motoring offences including speeding, the avoidance of disqualification on penalty points or “totting up” (exceptional hardship), driving without due care and attention (careless driving), dangerous driving, drink driving, as well as a range of services related to medical revocation of a driving licence.

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