Learner drivers mistake

avantra

Hi there,

I want to ask a quick question. I am a mature student and learning to drive at the moment with a friend. I have my provisional driving license and passed my theory test. A while ago (last August) while practicing I failed to notice a red light and the camera flashed at us.
I got invitation to magistrate court in two month and I intend to plea guilty as I really made a judgement mistake (I wasn’t too experienced at that stage). I have my practical test booked for May 2006 and I am still practicing with my friend.
Can I get a high fine or harsh punishment, taking in consideration that I will make some mistakes while learning to drive? What are the legal grounds around this kind of issue? Do learner’s drivers get the same treatment from the law?

impy78

When is your court appearance?

You will get a TS10 the same as a non learner driver, unless you get a nice judge!

The only reason I ask is.. you are only allowed a certain amount of points within the first year of holding a full licence, so if the court appearance is after the test, move the test on, as you could face having your full icence reduced back to a provisional.

avantra

My court appearance is 2 month before my test and can you please explain what is a TS10? I never been to court before and it is all a bit new to me. Will I have to take the thory again?

Bossyboots

You shouldn't actually be going to Court. Did you not just receive a summons on which you could mark that you wanted to plead guilty by post.

If you did that and you have been called before the magistrates (and it will be a magistrate, not a judge!) then that means they are considering giving you sufficient points that you might lose your licence. This would seem unduly harsh in the circumstances.

Otherwise, I cannot understand why you have a court date for running a red light.

impy78

No, it is unlikely that they will make you take the theory test again.

A TS10 is a traffic lights offence ("Failing to comply with Traffic signals") and this is the offence code you would get on your licence.


Below I have pasted the New Driver's act. It is really for people who have just passed their test, but I thought you might find it useful.





6. The Road Traffic ( New Drivers) Act 1995

This Act will affect you if you passed your first GB driving test after 1 June 1997 when it came into force. If the number of valid penalty points shown on your driving licence total 6 or more during the two year probationary period immediately following your first driving test, your full driving licence will be revoked by DVLA until such time as you pass a further driving test.

Such drivers should apply for a provisional driving licence if they wish to continue driving and are subject to "learner" conditions until they pass both theory and practical parts of the driving test.

Valid penalty points incurred prior to passing the first test are taken into account if the driver commits a penalty point offence during the probationary period. Points incurred after the probationary period has expired will also count if the offence was committed during the probationary period.

Full entitlement to all categories of vehicle previously held will only be reinstated upon passing a test in any one of the driver's previously held entitlements. A successful test for entitlement to a category of vehicle not previously held will result in a full licence for that category only.

There is no right of appeal against revocation under the provisions of the Act. A driver may only appeal against the conviction, which led to the revocation.

How to Apply for Your Licence After Revocation Under the New Drivers Act

To apply for a provisional driving licence you should complete a D1 form. Your application should be sent to DVLA, Swansea, SA99 1AB together with relevant original identity documents, a photograph as prescribed in the D1 form and the appropriate fee.

Full entitlement to all categories of vehicle held previously will be reinstated upon passing a test in any one of your original entitlements.

Adding A Test Pass

Once you have passed your driving test (theory and practical) you should exchange your test pass certificate for a new licence as soon as possible. If you do not claim your test pass within 2 years of the date of your test, the entitlement conveyed by the test pass will be lost and you will have to pass a further driving test (theory and practical) for that category of vehicle if you wish to have it included on your driving licence.

If you hold a photocard licence you must complete the declaration on the reverse of your test pass certificate and send it together with your photocard licence, paper counterpart and the appropriate fee to DVLA, Swansea, SA99 1BJ.

If you hold a paper licence you must also enclose a completed D1 form and the appropriate identity documents.

Drivers who exchange their foreign licence for a GB licence

Drivers who have exchanged a licence from another country for a GB licence and acquire 6 or more valid penalty points are subject to the New Drivers Act, if during the previous 2 years they passed their first driving test in the Isle of Man, Channel Islands, Gibraltar or another EEA state.

A revoked driver may reclaim his previous entitlement by passing an appropriate test in the Isle of Man, Channel Islands, Gibraltar or another EEA state.
No other test passes are acceptable including those from 'designated' countries.

grumbler

avantra wrote:

...what is a TS10?

Failing to comply with traffic light signals..........: http://www.dvla.gov.uk/drivers/endorsem.htm#1.%20Endorsement%20Guide

BTW are you insured to drive the car? Does your friend have full licence for more than 3 years?

avantra

Thank for that,

Yes I am insured on this car and my friend is driving since 1982 (we are both over 50).

I think the act as you say is for new drivers and don't cover us the learners. I am surprise the police don't check what type of license I have before they send the summons, I mean otherwise they may have offered a fixed penalty or something. I think that I will just go to court and tell them what happen, they can fine me but not disqualify me if I understand the legal meaning correctly.

I am much better driver now

avantra

---Did you not just receive a summons on which you could mark that you wanted to plead guilty by post.---

Yes this exactly what I have in front of me , there are 3 options:
1. to plea guilty in court
2. to plea guilty not in court with some blank space for mitigation on the back
3. Plea not guilty and will not attend court, but will attend on a date to be notified by court.

Which option is better?

Bossyboots

Number 2 is obviously the better option as you will not need to attend court on the date given. If you go for option 2 the magistrates will look at the summons on the day and issue a fine and points in your absence. If they decide the points will cause a ban you will get a letter with a court date and that is when you will need to attend.

If I recall correctly, you need to send in your licence when you return the summons with the plea entered.