The accompanying guidance and information relating to this MEA website question on driving has been prepared to try and explain the situation regarding personal resonsibility/judgement and what the law actually says
It has also been worded to acknowledges the fact that:
1 We receive a constant flow of enquiries about the legal position on driving and ME/CFS here in the UK and a significant number of people believe that there is no need to inform the DVLA or their insurance companies because ME/CFS is not on the DVLA list of (medical and psychiatric) conditions where there is specific guidance and/or restrictions imposed. We have a duty to provide accurate information on the legal position.
2 On a professional basis I have seen a number of people with ME/CFS, or been a passenger in a car driven by someone with ME/CFS, where I have either told the person that they should inform the DVLA of their situation or indicated that they should not be driving - mainly because of their level of cognitive dysfunction
3 Fortunately, there are very few reports in the press relating to accidents involving someone with ME/CFS. Exactly how many accidents occur that never get reported is impossible to calculate. But if someone with ME/CFS claims they have significant cognitive dysfunction in relation to an application for a DWP benefit but continues to drive and does not declare this fact, and then has an accident where they failed to take appropriate action because of cognitive dysfunction at the time and caused an accident, they could well be in a very difficult legal situation.
I appreciate you have to be very careful when giving legal advice as an ME charity. Nevertheless, I think this is a bit of nonsense if you're saying you have to inform the DVLA if you have the disease - is that what you're saying? You do not have to inform the DVLA or your insurance company because you have ME/CFS. You only have to do so only if it affects your ability to drive safely. And that depends on the individual case.
If you personally see someone with ME/CFS, any other disease, or in perfect health who can't drive safely then by all means tell them to report themselves to the DVLA. I would do the same myself, but to me it is not a question of whether the person has ME/CFS it is a question of their ability to drive safely.
Maybe there are no cases in the press because it is no more common than in other illnesses or even healthy states. Again, there seems to be some assumption that if you have ME/CFS you likely won't be fit to drive, but there is no factual evidence to back this up as you say yourself. And polls as current on the MEA website require interpretation where incorrect conclusions can be reached, so what help is it in providing facts of the level you need here?
Someone may give up driving because they are no longer fit to do so but equally someone fit to drive might give up because their partner can drive saving them the energy? Or say they gave up because they can't afford to run a car anymore? Or say they gave up because they are also an alcoholic and can't trust themselves not to climb in the car when drunk? The point is your poll can't tell you so you can't assume for instance that those who click that they gave up driving did so because they were no longer fit to drive.
Moving on, I think it highly unlikely that any kind of prosecution would be attempted, let alone be successful, on the basis of what you put on your DWP form, should an road accident subsequently occur. Yes, potentially it could happen, perhaps, but has it ever? Is it likely to? Who is advising you on that and are they able to cite any actual examples?
Anyway, in my experience with the DWP they always ask about my driving as a standard question and I always give them an detailed and accurate answers (as I'm sure 99.9% of people do). Again, there is no rule that if you are sick or disabled that you cannot drive; and the DWP recognise that such a rule is not necessary. In fact if the DWP decide you are entitled to disability living allowance then you can be part of the motorbility scheme which is aimed at
enabling people to drive who might have difficulty due to illness or disability.
Oh yeah, the DVLA are about enablement too - if you are disabled they give you free road tax to help you afford to keep driving.
I am a fan of the MEA's work on many things but on this issue I think you're approaching things the wrong way.