Suspension Of Driving Licence Over Sleep Apnoea

[jourdain2]

I'm not sure if this shouldn't be in law.  Any ideas welcome.  My 3-doors-away neighbour (51) is a Marie Curie nurse and works with dying patients within a radius of 26 miles.  She nearly always works  nights in 4-nightly blocks.

She has her own health problems & gets regular hospital check-ups. She was recently tested for Sleep Apnoea (she'd said she was often tired during the day - naturally).  Anyway she scored 9 which is well within normal rang.

She received a letter yesterday from the DVLA suspending her Licence!  I should add that her husband is not particularly strong and so she is the breadwinner, also that we live in a village with just 2 busses a week.  

Devastating for the family - when her car was off the road a week or 2 ago the villagers took it in turns to get her to and from work for a week, but we can't do that permanently.

She intends to appeal and is exploring how to do it, but I think that this has to be a clerical error (given that 9 is in normal range).

Any helpful ideas or comments I can pass on, please?

[andy-hughes]

I suffer from very severe sleep apnoea, and I have regular assessments, including filling in a form that confirms that I do not fall asleep without warning, which I would suggest would be the only reason for licence suspension.

Hopefully an appeal will be successful, but i would query why the suspension has been enacted in the first place.

[jourdain2]

Thanks Andy - I'll pass anything I get on to her.  Family horribly upset.

[barry1010]

I think this is relevant 

"any other sleep condition that has caused excessive sleepiness for at least 3 months - including suspected or confirmed mild OSAS

You must not drive until you’re free from excessive sleepiness or until your symptoms are under control and you’re strictly following any necessary treatment."

https://www.gov.uk/excessive-sleepiness-and-driving

[andy-hughes]

barry - //

I think this is relevant 

"any other sleep condition that has caused excessive sleepiness for at least 3 months - including suspected or confirmed mild OSAS

You must not drive until you’re free from excessive sleepiness or until your symptoms are under control and you’re strictly following any necessary treatment."

https://www.gov.uk/excessive-sleepiness-and-driving //

I do suffer from SA, but it does not make me sleepy in the day, and it does not affect my driving.

I use a CPAP machine to assist my sleeping, and I have no noticable lapses in attention at any time, driving or not.

I understand that my local hospital have notified the DVLA, as they are required to do - but I have received no communication from them at all, and i continue to drive normally as I have for fifty-two years.

[piggynose]

It's a disgrace that she has to drive anyway!!!! Surely in that line of work she should be driven everywhere!!!  Why she be forced to put her life and other peoples lives in danger!!! Doing a thankless job!!! I say thankless not in the worthless sense of the word! 

Could Go Fund me be an option !!!?

Thats my rant over ! 

[barry1010]

Andy, my reply was for the OP

[barry1010]

Can't Marie Curie provide transport for work purposes in these circumstances? 

[THECORBYLOON]

As I read it, it's the excessive sleepiness as a result of sleep apnoea and not the sleep apnoea itself that is the issue

 

Is it possible to have an AHI of 9 and be just as excessively sleepy as someone with a  AHI score of 18, for example?

[Maydup]

While she makes her appeal, she must also send a formal request to her employer for reasonable adjustments to be made to support her in her work. 
 

[jourdain2]

Well, thank you all so much.  I'll speak to her after Remembrance Service tomorrow.  Sounds as if she really does have good grounds for an appeal - just how to get it through quickly.  I'll mention about getting help with transport Maydup.

😀

[bednobs]

it's pretty difficult for MC to provide trnsport to and from work, bearing in mind it's unsocial hrs, the shift might finish at say 4am and they are a charity

[TheWinner]

Can't read through it all, but hope it's a good link.

https://sleep-apnoea-trust.org/driving-and-sleep-apnoea/detailed-guidance-to-uk-drivers-with-sleep-apnoea/

[barry1010]

bednobs, they could pay for a cab.  

[jourdain2]

All noted down!  😃

[bednobs]

it seems unlikely - they ar a charity

[Maydup]

I have worked and volunteered for charities and they do have exactly the same obligations to their employees as any other employer and should be able to help at least in the short term while she makes the appeal. 
 

Then if it doesn't succeed, they would be expected to find her another job or dismiss her on medical grounds as she is unable to fulfill the role and she should receive some financial support then too. 

[barry1010]

I don't know why you think she should be driven everywhere, piggy.

 

[barry1010]

I've been reading the advertised vacancies for Marie Curie nurses and they do specify that all travel expenses will be reimbursed.

I'm thinking they may be prepared to pay taxi fares whilst this is being sorted out, or arrange lifts.  Better than paying her the nurses salary to sit at home doing admin, and it will be continuity of care for her patients.

If she doesn't ask, she won't get

[jourdain2]

Should give her some ammo - thanks all.

[Hopkirk]

Perhaps she needs to change off nights when she gets it sorted.