Revocation of vehicle licences for illegal licence holders
Posted by Ruken Sahin on June 22, 2016
On 27/04/16, the Home Office published its guidance, ‘The Sanctions: Vehicle and licencing guidance’ on the revocation procedure of licences concerning illegal licence holders in the UK.
Section 47 of the Immigration Act 2014 amended the Road Traffic Act 1988 to give powers to the Home Office to revoke UK issued drivers licences for those who have no legal right to stay in the UK.
The revocation procedure is as follows:
- The Home Office’s Interventions and Sanctions Directorate (ISD) will inform the licence holder that they are at risk of having their UK driving licence revoked and of whom to contact to challenge the decision.
- ISD will then make a referral to the Driver and Vehicle Licensing Authority (DVLA) or the Driver Vehicle Authority (DVA) on the basis that the licence holder has not right to stay in the UK.
- DVLA/DVA will be check their own records and match that against records held by the Home Office to ensure that the licence holder has no valid right to stay in the UK at that time.
- DVLA/DVA will be inform the licence holder that revocation of the licence will take place.
- The licence holder will have 10 working days to raise any grounds or objections or a request for discretion to be exercised.
- Once the 10 days lapses DVLA/DLA will inform the licence holder whether or not the licence is valid in the UK and whether they can continue to drive.
The licence holder will be requested to return their licence to the DVLA/DVA if it is concluded that they are no longer entitled with drive.
Following revocation, the licence holder can:
- Make further representations to DVLA/DVA to request reconsideration of the revocation
- Representations can be made for discretion to be exercised in the licence holder s favour on the basis of the serious nature of the consequences of revocation. This can be raised in exceptional circumstances on the basis of the European Convention on Human Rights 1950 (ECHR); Specifically under Article 3 (inhuman or degrading treatment & medical reasons) or Article 8 (disproportionate impact on the licence holder or third party family members)
- If it is concluded that the licence should not have been revoked, the ISD will write directly to the licence holder or their representative to inform them that the licence will be reinstated.
- Appeal to the Magistrates Court provided that notice of the intention to appeal is given to DVLA/DVA
- If an appeal is lodged by the licence holder, the DVLA/DVA will inform the ISD Referral and Interventions Tracker Team (‘RITT’).
- RITT will then commence checks to ensure that the decision to revoke was a correct one.
If you would like to discuss your DVLA/DVA concerns with one of our legal advisors, call our offices on 0208 995 3556 or email us at firstname.lastname@example.org.