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.

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.

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.

Re: DVLA Residency Rule (EEC Directive 1997)
 

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.

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The NHS had made a misdiagnosis and my UK licence was revoked in 2010, just before I met my now wife.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!

Re: DVLA Residency Rule (EEC Directive 1997)
 

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.

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.

Re: DVLA Residency Rule (EEC Directive 1997)
 

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.

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.

Re: DVLA Residency Rule (EEC Directive 1997)
 

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.

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?

Re: DVLA Residency Rule (EEC Directive 1997)
 

Sounds to me that the NHS is at fault. That's a British institution not one of the EU.

Re: DVLA Residency Rule (EEC Directive 1997)
 

You could not "swap out" a UK driving licence for a TN one even if you had one.

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.

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!

Re: DVLA Residency Rule (EEC Directive 1997)
 

His UK license was revoked on medical reasons, which he says was a misdiagnosis, so that is why he is blaming the NHS, so he didn't have a UK license to swap for one where he is, in fact he couldn't have swapped it in any case.

Re: DVLA Residency Rule (EEC Directive 1997)
 

Agreed with the other posters.

Obtaining a drivers license (sic) in a US state as an immigrant who presently holds no driving licences at all
is barely more arduous than as an immigrant who can presently drive on a foreign licence/license.
So the OP should just go through the Tennessee(?) process as a new driver.

And deal with the UK licence if/when he has an actual need to drive in the UK.

Re: DVLA Residency Rule (EEC Directive 1997)
 

I will hold a permit and pass a practical test, I was cleared to drive only a few weeks ago.

Yes the NHS had everything to do with my licence being revoked in 2010 before I had any plans of moving. I went through THREE court tribunals to access unemployment because I was told to leave my position due to my condition. I didn't do an employment tribunal, I had the DWP to fight so I didn't loose my home.

The whole moving away from Britain thing was extremely well silver lined ... However I will fight for my rights and I don't believe I should be locked out of a DVLA process to restore my privilege to drive in my own home nation, while being registered on the Electorial Register there ... Which is more than some born citizens of Britain can claim to have.

I am of course venting about the EEC 1997 Directive that is screwing us all over here. I hope to raise the issue with my local MP and have it discussed as part of Brexit that British Nationals should have a route to maintaining thier records with the DVLA.

Like I said previously ... I am allowed to pay my student loan and keep my voter registration current. While my case is very specific every single expat is facing the same issue with the residency rule.

Either an alternative form to D1 for expats could be processed or an exception made in D1 for British Nationals.

I'm am blaming the EU because that's not something Britain has done to us. I am blaming the NHS because they had my licence revoked on a misdiagnosis. Lastly had I not moved abroad I may have been treated wrongly for decades for a condition I don't have. So yes, the NHS has to take some flack there.

I don't wish to drive in America on my GB state licence. Missing the point. I don't wish to return home maybe aged 45 to have to get a medical 3 year licence for a condition that was misdiagnosed by a failing healthcare system when I was 28.

I do not see why I should be locked out of starting 7 years of proving a misdiagnosed condition is under control.

Re: DVLA Residency Rule (EEC Directive 1997)
 

You do have the privilege to drive in the UK, namely on the license of the place you are a resident for - Tennessee.

The records are maintained; in fact, I recently looked mine up at the DVLA, despite having been out of the country for 30+ years.

It's not an issue. You are eligible for a license in your place of residence and can use it worldwide. If you return to take up residence in the UK, you will be able to apply for a UK license there.

Re: DVLA Residency Rule (EEC Directive 1997)
 

Why not just take a few lessons at a US driving school to get refreshed on all the rules, take your theory and then the practical test? It can barely be more expensive than the paperwork route you are talking about? Sure it's bad luck to have lost your UK licence this way.. but what does it cost these days in the US...$ 10 or something...?

Re: DVLA Residency Rule (EEC Directive 1997)
 

Because those are the rules in place.

And to clarify, EU regulations are set by the EU. EU Directives are set by each national government within the parameters of the relevant Directive.

Re: DVLA Residency Rule (EEC Directive 1997)
 

Was the mis-diagnosis anger management? :unsure:

Re: DVLA Residency Rule (EEC Directive 1997)
 

Ok you all are missing the point. I was cleared to drive a few weeks ago. I am almost ready to take the written test, I know more about driving knowledge in this state than the US Citizens around me. That not the issue.

Forget Tennessee. Forget other countries.

The UK (more accurately, the EU) are saying I cannot apply for my revoked licence back because of the residency rule. I have to sign the D1 and admit I am breaking the law ... In order to begin the process the DVLA want me to follow.

It's entrapment.

Because of that my residency in the US now delays the process of being medically assessed by the DVLA.

Aka ... I cannot start the 7 year medical review process. I'm trying to make the case that I've been without the DL for 7 years and that during that time my diagnosis of Narcolepsy has been overturned and the sleep apnea went from severe to mild (almost non existent). During those 7 years I had been medically assessed and treated and 7 years on from the misDX I'm safe to drive.

However on the D1 ... I have to BREAK THE LAW to even have my case processed.

Regardless of left hand drive right hand drive issues, the DVLA are refusing to allow me to interact with them and get my full licence reinstated.

Re: DVLA Residency Rule (EEC Directive 1997)
 

Yes this is not in doubt the title.of the post speaks of the residency rule. I'm not aiming to drive in America on a UK DL though I'm sure many people have.

I have no DL.

Re: DVLA Residency Rule (EEC Directive 1997)
 

Good one. I mean anyone would be angry ... Being told by the NHS you don't have sleep apnea be pushed onto Ritalin and other controlled substances including Amphetamine only to access a robust healthcare system that calls all of that into question and fixes the problem.

You'd think it would be the other way around, America pushing Amphetamine on you. But nope, I was actually denied access to Amphetamine here and pushed onto CPAP which didn't work. I had to have my nose broken, re-set, flesh scooped out and my tonsils removed as an adult. This fixed it in America ... But during all that I was denied all controlled substances and had to rely on Coffee alone.

The first doctor I went to wanted to have my jaw broken and moved. I didn't go for that as I thought that was too extreme for the situation.

Yeah to be booted out of your job, be denied welfare and have your DL taken away ... All based on a lie ... Yes you'd be angry too.

Nothing to do with America, everything to do with the BS back home.

Re: DVLA Residency Rule (EEC Directive 1997)
 

Are you planning to move back to the UK? If not, why are you worrying about having a UK licence anyway?! :confused:

Re: DVLA Residency Rule (EEC Directive 1997)
 

Nobody plans. My parents at some point will die or other family might get sick and I might go home for a while. In that case I'd come home and drive on my American licence, if I had one (driving on an American DL, while having UK one revoked).

It's going to take 7 years of sleep studies when I return home ... After already have undergone 7 years of sleep studies aged 30 to 37.

If I came home today ... I wouldn't get my full UK unconditional DL back until the age of 44. If I came home aged 60 ... I'd have to start the process aged 60.

The D1 is saying I can't start the medical screening process unless I break the law and lie about being resident.

Re: DVLA Residency Rule (EEC Directive 1997)
 

Like I said. Venting. The DVLA told me to have my mom get the form and send it to me. The DVLA now say not to post it, they can't process the case.

It's the straw on the back of 7 years of crap and when I found the reason is the residency rule it just broke my patience.

My local MP will get a letter, I fight.

Re: DVLA Residency Rule (EEC Directive 1997)
 

But you aren't a UK resident, so why should you involve an MP you are not a constituent of?

Re: DVLA Residency Rule (EEC Directive 1997)
 

And you'd need to be resident in the UK with a UK doctor for those studies....

You'd also have to satisfy the Habitual Residence Test (including the part about whether you came back for medical treatment.

I wouldn't lie to a government department either. You're not resident in the UK, nor do you appear to intend to do so at this time. Yet you want the UK rules that the rest of us expats have to follow outside the UK. Yes, it sucks that you were wrongly diagnosed (though what was the U.S. treatment for?), but that's an NHS-DVLA problem. Most countries in the world including non-EU countries, and all U.S. states have residency requirements for driving licences. Stop blaming the EU.

Re: DVLA Residency Rule (EEC Directive 1997)
 

Stop whingeing, it's bad luck that you have had this problem but it is a serious condition.

Just google sleep apnea and road deaths.

Re: DVLA Residency Rule (EEC Directive 1997)
 

Let me see if I've got this right. The OP suffered from falling asleep while driving and went to be treated for this. A doctor in the NHS informed DVLA of his condition as they have just to by law. The OP saw various different doctors and eventually found a cure and is now medically well enough to drive.

He lives in Tennessee but for some obscure reason he wants a British driving license and is throwing a hissy fit because he can't get one without a) living there and b) proving that he is safe to drive.

And all this is the combined fault of DVLA, the EU, and the NHS.

Re: DVLA Residency Rule (EEC Directive 1997)
 

Hmmm.....
How's that relevant to a driving licence?
How do you know?

I'm sensing a pattern here. And it's not looking a very nice one.