Committee gives green light to reform of medical practitioners’ role in fitness-to-drive tests

The Business, Energy and Industrial Strategy (BEIS) Committee has agreed with the Government’s proposed legislative change that would allow chiropractors, opticians and midwives to provide medical information to the DVLA when carrying out fitness-to-drive tests.

• Read the report
• Business, Energy and Industrial Strategy Committee

In a report (see attachment) released today, the Committee states that it agrees with the aims of the Government’s draft Legislative Reform Order (LRO) and the way it will be used.

Currently, only doctors registered with the General Medical Council can submit medical information directly to the DVLA to inform its decisions on whether an individual with a medical condition meets appropriate health standards for driving.

The LRO, drafted by the Department for Transport (DfT), would expand the types of medical practitioner that can submit medical information directly to the DVLA to also include members of the following professional bodies:

• The General Chiropractic Council
• The General Optical Council
• The General Osteopathic Council
• The Nursing and Midwifery Council
• The Health and Care Professions Council

Government officials told the Committee it will remain the case that the DVLA must seek information from GMC-registered doctors. But doctors will be able to recommend to the DVLA that they also obtain input from practitioners from these five fields.

The Government has said the burden of carrying out the bureaucracy of making arrangements with other medical practitioners will be transferred from doctors to DVLA staff, which will save doctors’ time.

Chair's comment

Darren Jones, Chair of the BEIS Committee, said:

“The Committee agrees with the aims of this draft LRO and that it will save doctors’ time and help simplify the bureaucracy of fitness-to-drive tests.

“However, we have concerns about the way this policy will be rolled out across the country, and we have written to DfT for assurances about these points.”

The Committee has scrutinised the LRO and agrees that it complies with several key tests set out in the Regulatory Reform Act 2006. The report also recommends that the DfT very clearly outlines the new processes that DVLA officials and practitioners will use.

The Committee has asked that DfT officials write to it when they propose to move from phase one (where a GP designates another health professional) to phase two (where a patient designates a health professional of their choice) with a review of how this will be rolled out in a uniform away across different areas of the UK.

Background: what is a Legislative Reform Order? 

A Legislative Reform Order (LRO) is a statutory instrument which can amend primary legislation independently of a Parliamentary Bill. LROs can be used to reduce burdens resulting from legislation as well as improve the way regulatory functions are carried out. 

The BEIS Committee, in carrying out its scrutiny of the LRO, was tasked with agreeing that the draft Order be subject to the ‘affirmative resolution procedure’ as recommended by the Department. The Committee concluded that this proposal is appropriate.