HC Deb 26 October 1993 vol 230 cc542-3W
Mr. David Marshall

To ask the Secretary of State for Transport what information he has on procedures available to vocational drivers in other member states of the European Community to appeal against the refusal of a licence on medical grounds.

Mr. Key

Our information on appeal arrangements elsewhere in the European Community is currently incomplete. I will write to the hon. Member in due course.

Mr. David Marshall

To ask the Secretary of State for Transport what assessment he has made of whether appeals against refusal of LGV/LPV licences which are medically resolved at the DVLA are receiving an adequate level of consideration, of numbers of vocational drivers proceeding to the final level of appeal at magistrates courts and of the costs to the individual vocational driver of pursuing an appeal to the magistrates courts.

Mr. Key

Notifications of appeals which are resolved at DVLA are considered by the agency's medical adviser and, if necessary, the legal adviser, who take account of any fresh medical evidence provided by the appellants or their doctors. Appellants are required to pay a small lodging fee plus the cost of their counsel or expert witnesses if used.

Mr. David Marshall

To ask the Secretary of State for Transport what assessment he has made of whether representative numbers of appeals against DVLA medical decisions on LGV/LPV vocational drivers' licences are going to the magistrates courts; and whether sufficient advice is available to the courts on the medical issues involved.

Mr. Key

The number of appeals against medical decisions on LGV/PCV licences has remained fairly constant over recent years. From April 1992 to September 1993 DVLA's medical section handled 54,786 LGV/PCV applications/notifications. Of these 7,036 applicants/drivers were refused licences or had licences revoked. An intention to appeal against the decision was lodged by 257 individuals of which 15 proceeded to court.

The court is provided with a report from the DVLA medical adviser, who also attends the hearing and will provide clarification on the medical issues involved if required. Appellants are also free to provide their own medical experts.