Organisation we investigated: DVLA
Date investigation closed: 28 July 2022
The complaint
Mr Olsen complained that the DVLA had wrongly removed the entitlement to ride motorcycles from his driving licence. He discovered this after trying to insure a new motorbike only to be told that he did not have the right licence.
Mr Olsen also complained that the DVLA did not make him aware of the changes, had ignored evidence he provided to show he was licenced to ride a motorbike, and they didn’t keep adequate records of his entitlement history.
Background
Mr Olsen has been riding motorbikes for over 60 years. Originally from the USA, he moved to the UK in 1969 and was given a British licence for cars and motorcycles. This was converted into a lifetime licence which was valid until 2012.
In 2018, after several years of not owning a bike due to his previous one being stolen, Mr Olsen bought a bike and tried to get it insured. The insurers told him that his licence did not entitle him to ride motorcycles. Cancelling his insurance cost Mr Olsen £70.
Mr Olsen complained to the DVLA about this apparent mistake. They investigated and decided there was no evidence to support his claim. Mr Olsen was unhappy about this because he believed he had provided enough evidence.
He took his complaint to the Independent Complaints Assessor (ICA). The ICA found Mr Olsen’s account to be persuasive, and it was more likely than not Mr Olsen held full motorcycle entitlements on his UK driving licence.
The ICA said it could not recommend the DVLA give Mr Olsen a new entitlement because the agency had followed its procedure. However, the ICA said it regarded the outcome of Mr Olsen’s case ‘perverse and unfair’.
Mr Olsen then brought his complaint to the PHSO.
What we found
The DVLA told Mr Olsen his evidence was not sufficient to prove he could ride a category A motorcycle. But we found Mr Olsen’s evidence a credible account of why he had the entitlement for decades.
The DVLA’s computer system has no record of his entitlements. There is no evidence these were deliberately removed but we will never discover exactly what happened.
We found DVLA’s failure to keep Mr Olsen’s records accurate has meant he was unable to ride his motorcycles legally for over three years.
The DVLA has discretion to award Mr Olsen his entitlement but decided not to do so. It applied the procedures too strictly and this led to an unfair outcome for Mr Olsen.
When the ICA came to the same conclusion about Mr Olsen’s evidence, the DVLA did not take the opportunity to restore his entitlements. We find the DVLA’s approach to the ICA’s findings was a rigid ‘one-size-fits-all’ response. This was a failing which resulted in a significant impact for Mr Olsen.
Recommendations
PHSO has recommended that the DVLA:
- use its discretion to return category A (motorcycle) entitlement to Mr Olsen’s driving licence
- pay Mr Olsen £1,000 compensation for the impact of its failings
- pay Mr Olsen £70 for the financial loss he suffered from its failings (the insurance cancellation fee)
- apologise to Mr Olsen for the impact of its failings.