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Old Nov 15th 2017, 2:49 am   #1
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Default DVLA Residency Rule (EEC Directive 1997)

I need to vent. I'm currently in that DVLA trap of not being resident in the UK so can't maintain my UK DL. It's revoked for medical reasons, the NHS misdiagnosed my condition and wasn't treating it correctly. Well now I got treatment outside the NHS I am fit enough to drive.

I post this is the Europe forum even though I live in America because this rule was imposed by the EU in 1997. Jan 1st in fact under EEC Directives.

I'm on the UK Electorial Role, I can still vote in the UK and have a bank account and in fact pay my student loan in Britain. However I'm not able to get my DL back (the fee for medical on D1 is free).

It just sucks so bad that we get shafted like this by Europe. It's not the DVLA's fault. 1997, EU law.

Any hopes that this residency law with the DVLA goes away on Brexit Day? If so I really hope we can unstick this stuckness.

Last edited by tennesseestud; Nov 15th 2017 at 2:52 am.
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Old Nov 15th 2017, 3:00 am   #2
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Default Re: DVLA Residency Rule (EEC Directive 1997)

I have moved your thread over to one of our UK forums.

Your UK licence is not valid anyway if you live in the US.
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Old Nov 15th 2017, 3:04 am   #3
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Default Re: DVLA Residency Rule (EEC Directive 1997)

Validity isn't really my concern. In my situation I have to apply for a medically allowed DL that expires every 3 years. I would like to start this process ASAP. I've been without the DL for 7 years and it'll take a further 7 before I can get a normal unrestricted licence.

If I wait until I return home I have to go through those 7 years during potentially my old age when my health will be even more against me. While I have youth and time I'd like to go through the medical review process of 7 years length ASAP.

It seems the only barrier to this is the residency rule.
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Old Nov 15th 2017, 3:13 am   #4
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Default Re: DVLA Residency Rule (EEC Directive 1997)

Quote:
Originally Posted by tennesseestud View Post
Validity isn't really my concern. In my situation I have to apply for a medically allowed DL that expires every 3 years. I would like to start this process ASAP. I've been without the DL for 7 years and it'll take a further 7 before I can get a normal unrestricted licence.

If I wait until I return home I have to go through those 7 years during potentially my old age when my health will be even more against me. While I have youth and time I'd like to go through the medical review process of 7 years length ASAP.

It seems the only barrier to this is the residency rule.
I’m confused. Is the DL that expires every 3 years a UK or US DL? If it is a UK DL you cannot renew anyway it as you are not an UK resident.
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Old Nov 15th 2017, 3:41 am   #5
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Default Re: DVLA Residency Rule (EEC Directive 1997)

I don't currently have any Driving Licence ... I was officially cleared safe to drive a few weeks ago after airway surgery in America.

I thought great! I can get my UK DL back now and swap it out for an American one. Nope.

The NHS had made a misdiagnosis and my UK licence was revoked in 2010, just before I met my now wife. My photocard would have expired a year after I landed in the states about 3 years ago. My residency began in 2014 though I crossed the US border in 2013.

I've had 3 years of tests and surgeries to fix the drowsy driving. Which has worked.

However I'm not allowed to interact with the DVLA at all unless I live in the UK for 185 days a year? BS!
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Old Nov 15th 2017, 3:45 am   #6
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Default Re: DVLA Residency Rule (EEC Directive 1997)

Quote:
Originally Posted by tennesseestud View Post
I don't currently have any Driving Licence ... I was officially cleared safe to drive a few weeks ago after airway surgery in America.

I thought great! I can get my UK DL back now and swap it out for an American one. Nope.

The NHS had made a misdiagnosis and my UK licence was revoked in 2010, just before I met my now wife. My photocard would have expired a year after I landed in the states about 3 years ago. My residency began in 2014 though I crossed the US border in 2013.

I've had 3 years of tests and surgeries to fix the drowsy driving. Which has worked.

However I'm not allowed to interact with the DVLA at all unless I live in the UK for 185 days a year? BS!
That’s the law I’m afraid. It was your choice to move to the US.

I moved to Canada from New Jersey. I had to hand over my NJ DL...one cannot hold more than one DL in Ontario. Would I have liked to have kept it...even though it was invalid as I am no longer a NJ resident...probably...but it was my choice to move so I have to abide by the law. Same applies to you.
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Old Nov 15th 2017, 3:53 am   #7
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Default Re: DVLA Residency Rule (EEC Directive 1997)

And I totally get that, however I didn't move here knowing that knowledge so it's not fair to suggest well it was your choice. I currently don't have a licence to swap out for a native one. I have zero driving licences but had driven without any endorsements for almost a decade.

The DVLA is a mess.

As I said I was misdiagnosed and not getting the correct treatment on the NHS ... It's because I moved I was able to access (and pay for) surgery and better healthcare.

I've done the right things and the DVLA just shut the door in my face. I'm not able to proceed with the process. I will obviously gain a licence in Tennessee and drive on that in the UK when visiting. Yeah that's right I'll drive in the UK while having a licence revoked by that country ... BRILLIANT!!

I understand but it's a vent and I'm even more wounded because the law involved is EU Law not British Law.

It's not "The law" ... It's a law that should cease to be supreme in my home nation in March 2019.

Last edited by tennesseestud; Nov 15th 2017 at 3:57 am.
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Old Nov 15th 2017, 3:55 am   #8
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Default Re: DVLA Residency Rule (EEC Directive 1997)

Quote:
Originally Posted by tennesseestud View Post
And I totally get that, however I didn't move here knowing that knowledge so it's not fair to suggest well it was your choice.

As I said I was misdiagnosed and not getting the correct treatment on the NHS ... It's because I moved I was able to access (and pay for) surgery and better healthcare.

I've done the right things and the DVLA just shut the door in my face. I'm not able to proceed with the process. I will obviously gain a licence in Tennessee and drive on that in the UK when visiting. Yeah that's right I'll drive in the UK while having a licence revoked by that country ... BRILLIANT!!

I understand but it's a vent and I'm even more wounded because the law involved is EU Law not British Law.

It's not "The law" ... It's a law that should cease to be supreme in my home nation in March 2019.
If you had been aware of the law regarding the DLs of non UK residents...would that have affected your decision to move to the US?

I drive in NJ using my Canadian DL...I also drive in the UK using the same. It’s no big deal.
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Last edited by Jerseygirl; Nov 15th 2017 at 3:57 am.
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Old Nov 15th 2017, 4:02 am   #9
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Default Re: DVLA Residency Rule (EEC Directive 1997)

Absolutely not. Had I known the US had a third world public transportation system? Maybe, but I may still have moved regardless.

I'm just furious at the DVLA and specifically the EU driving licence regulations for doing this to all expats. It's a good rule however it makes no accommodation for expats.

It ceases to be law in March 2019 ... Let's hope they get on with it and get rid of this stupidity.
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Old Nov 15th 2017, 7:57 am   #10
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Default Re: DVLA Residency Rule (EEC Directive 1997)

Quote:
Originally Posted by tennesseestud View Post
Absolutely not. Had I known the US had a third world public transportation system? Maybe, but I may still have moved regardless.

I'm just furious at the DVLA and specifically the EU driving licence regulations for doing this to all expats. It's a good rule however it makes no accommodation for expats.

It ceases to be law in March 2019 ... Let's hope they get on with it and get rid of this stupidity.
The photocard license will, I'm sure, remain in place after Brexit, remember the UK has now done away with paper licenses so the photocard is now your license.
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Old Nov 15th 2017, 8:24 am   #11
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Default Re: DVLA Residency Rule (EEC Directive 1997)

You do realise that you cannot swap a GB driving licence for a Tennessee driver's license even if you had one?

Last edited by BritInParis; Nov 15th 2017 at 8:27 am.
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Old Nov 15th 2017, 12:01 pm   #12
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Default Re: DVLA Residency Rule (EEC Directive 1997)

Quote:
Originally Posted by tennesseestud View Post
I need to vent. I'm currently in that DVLA trap of not being resident in the UK so can't maintain my UK DL. It's revoked for medical reasons, the NHS misdiagnosed my condition and wasn't treating it correctly. Well now I got treatment outside the NHS I am fit enough to drive.

I post this is the Europe forum even though I live in America because this rule was imposed by the EU in 1997. Jan 1st in fact under EEC Directives.

I'm on the UK Electorial Role, I can still vote in the UK and have a bank account and in fact pay my student loan in Britain. However I'm not able to get my DL back (the fee for medical on D1 is free).

It just sucks so bad that we get shafted like this by Europe. It's not the DVLA's fault. 1997, EU law.

Any hopes that this residency law with the DVLA goes away on Brexit Day? If so I really hope we can unstick this stuckness.
Sounds to me that the NHS is at fault. That's a British institution not one of the EU.
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Old Nov 15th 2017, 5:47 pm   #13
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Default Re: DVLA Residency Rule (EEC Directive 1997)

Quote:
Originally Posted by tennesseestud View Post
And I totally get that, however I didn't move here knowing that knowledge so it's not fair to suggest well it was your choice. I currently don't have a licence to swap out for a native one. I have zero driving licences but had driven without any endorsements for almost a decade.
You could not "swap out" a UK driving licence for a TN one even if you had one.
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Old Nov 15th 2017, 11:43 pm   #14
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Default Re: DVLA Residency Rule (EEC Directive 1997)

I'm not seeing the "shafting", nor why the EU is to blame. OP is a resident of Tennessee and should simply apply for a Tennessee license.
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Old Nov 16th 2017, 8:20 am   #15
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Default Re: DVLA Residency Rule (EEC Directive 1997)

OP is being unrealistic and blaming EU for nothing. As for NHS being responsible that must be a troll as I do not see what they have to do with driving licences. I am dual citizen with a Canadian licence living in UK and found out this week that my British Columbian(thats inCanada) licence expires in 2019. Your licence only lasts 10 years and must be renewed in person. To renew I must be a resident. If I do not return for 3 years after that date it becomes obsolete and I will have to do another test if I ever return. I cannot swop out my British driver's licence. All countries have rules. Wether you think them fair or not we just have to deal with it!
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