Tennager Band From Driving

Mathew

For a court to disqualify somebody from driving they would need to be convicted of a driving offence, not a passenger, driving

http://www.drivingban.co.uk/drivingban/facts/driving_offences.pdf

gaz_jones

yellow44 wrote:

Don't put too much money on it because you certainly can get banned even if you are not the driver

Could you show me the source for this information please?

yellow44

3 Obligatory disqualification
(1) In Schedule 2 to the [1988 c. 53.] Road Traffic Offenders Act 1988 (punishment of offences, etc.), in Part II (disqualification, endorsement and penalty points for offences under Acts other than the Traffic Acts) after the entry relating to manslaughter and culpable homicide there shall be inserted the following entry—
“An offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking).Obligatory.Obligatory.3-11”.

(2) In section 34 of the Road Traffic Offenders Act 1988 (disqualification for certain offences), after subsection (1) (obligatory disqualification except for special reasons) there shall be inserted the following subsection—
“(1A) Where a person is convicted of an offence under section 12A of the Theft Act 1968 (aggravated vehicle-taking), the fact that he did not drive the vehicle in question at any particular time or at all shall not be regarded as a special reason for the purposes of subsection (1) above.”

Altarf

s12(1) Theft Act 1968: ...a person shall be guilty of an offence if, without having the consent of the owner or other lawful authority, he takes any conveyance for his own or another's use, or knowing that any conveyance has been taken without such authority, drives it or allows himself to be carried in or on it.

So just being in a TWOC'd car can end you up with the same penalty as if you were the person who took it.

gaz_jones

Once again can you show me the source. Not just the copy and pasted text.

I searched for 12A of the theft act 1968 and this is what I found:

http://www.opsi.gov.uk/acts/acts1992/ukpga_19920011_en_1

yellow44

I think you've answered your own question :rolleyes:

c_l_a_i_r_e

OP, i got your PM but my original post still stands. But FYI a ban imposed on someone who has no licence runs from the date the court imposes it, not from when they actually get a licence. So your son is already serving his ban IYSWIM.

You should be aware that if the judge imposed any penalty points at the time of sentencing these will be transferred over onto any liscence your son applies for when he is 17. As a new driver 6 points gets you an automatic revocation of your licence so bear this in mind.

FWIW i was not meaning to have a go at you. I've seen so many young people in similar situations who go on to commit the same offences time and time again. If, as you say, your son was coerced into getting into this car what makes you think he won't be any less vulnerable when in possession of a brand new moped? He needs to learn to be more responsible for his actions, because as he is already more than aware the courts aren't too interested in listening to his excuses.

Altarf

If you want it in writing look at the Magistrates sentencing guidelines - here on page 110 - http://www.sentencing-guidelines.gov.uk/docs/SGC%20Magistrates%20Guidelines%20including%20update%201%20%202%20.pdf

Vehicle taking without consent - May disqualify
Aggravated vehicle taking without consent - Must disqualify for at least 12 months.

And as Vehicle taking without consent and Aggravated vehicle taking without consent applies to the driver and passengers, the passengers can be disqualified.

c_l_a_i_r_e

gaz_jones wrote: »

Once again can you show me the source. Not just the copy and pasted text.

I searched for 12A of the theft act 1968 and this is what I found:

http://www.opsi.gov.uk/acts/acts1992/ukpga_19920011_en_1

Sorry to but in but the crime of taking a vehicle without consent does not require that you are the driver in order to be found guilty. Allowing yourself to be carried in the vehicle as a passenger is enough.

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&PageNumber=0&NavFrom=0&parentActiveTextDocId=1204238&ActiveTextDocId=1204254&filesize=13931

joeh

sarahg1969 wrote: »

A lot of insurers won't touch him with a bargepole once he is allowed to drive, you know. Insurance for young lads is bad enough as it is (my son's was £1800 for the first year for a little old Pug 106), without the added bonus of a driving ban.

im 17.. and when i passed i was insured on my mams corsa for a mnth for 60 quid.. now got a peugeot 206.. insured fully comp on that for 735 quid!

think i got a bargain lol:T