Driving ban question

psarinuk

I know a Slovakian (EU member) working in the UK who claims he has 13 points now and has earned himself a ban for 6 months (speeding points).He says after 6 months all his points would be removed and he will be able to drive again.I thought you had to re-take the test after a ban (which means you are a new driver, so 0 points to start with but 6 points limit for 1st year).He claims that someone else from EU had 17 points who was also banned for 6 months but has been driving normally after the ban with 0 points..I want to correct him but don't have any experience with points so far (thankfully).. Could someone put us right please?Thanks in advance....

MX5huggy

A standard ban from totting up too many points (12) does not result in you having to retake the test after the ban expires you get your licence back.

suki1964

You only take the retest is your ban was in the first two years of passing your test if test was taken after 1997

"The Road Traffic (New Drivers) Act 1995 applies to every motorist who passed their test after the 1 June 1997. The main effect is that for the first 2 years of driving after passing a test, a newly qualified driver is placed on a probation period during which time their licence will be revoked by the accumulation of 6 or more penalty points."

psarinuk

Thanks for your replies, so when you get your license back after a ban, is it clear of any points that you had before?

dacouch

You still have to declare the convictions and points to Insurers for upto 5 years (Unless there is a prison sentance involved). The licence however will not show the convictions or points, instead it will show a TT99 conviction code along with the relevant ban. So he restarts with no penalty points.

Its important he declares the convictions to the Insurers though

pogofish

psarinuk wrote: »

Thanks for your replies, so when you get your license back after a ban, is it clear of any points that you had before?

Not unless they have expired in the interim - And yes, as the poster above mentions, they may have to still declare them for certain periods after, time depending on just what they were awarded for. It can IIRC, go up to 10 years for something like a high-risk level drink driving ban.

Treadway1

Just out of interest. You say hes Slovakian, so therefore an EU member, but just wondered why you pointed the EU part out. Does he have a Slovakian driving licence whihc hes using to drive over here or a full UK one?

reduceditem

If he had given his Slovakian license to the police he would not have received any penalty points. I will guess he was using a company vehicle and had been required to exchange his Slovakian license for a UK one.

Treadway1

reduceditem wrote: »

If he had given his Slovakian license to the police he would not have received any penalty points. I will guess he was using a company vehicle and had been required to exchange his Slovakian license for a UK one.

You can get points on an EU licence. Basically, if someone is only going to be here for less than 12 months, then they can drive on their own EU licence. However, if within that time they commit a driving offence that carries points, they dont have to exchange their licence for a UK one, they simply fill out a D9 and get a UK counterpart (Paper bit) to accompany their EU licence. They then send off the counterpart, their EU licence and the fine, and the counterpart is endorsed.

If they are staying for over 12 months though, they would still then have to swap it for a full UK licence (Both parts). Certain members states (Mainly EU and commonwealth) do allow you to simply swap your licence for a UK one though, so you dont have to pass a driving test.

dacouch

pogofish wrote: »

Not unless they have expired in the interim - And yes, as the poster above mentions, they may have to still declare them for certain periods after, time depending on just what they were awarded for. It can IIRC, go up to 10 years for something like a high-risk level drink driving ban.

The rehabilitation of offenders act stipulates you have to declare the conviction for 5 years from the date of the conviction. The exception to this if is there is a custodial sentence

reduceditem

Treadway1 wrote: »

You can get points on an EU licence. Basically, if someone is only going to be here for less than 12 months, then they can drive on their own EU licence. However, if within that time they commit a driving offence that carries points, they dont have to exchange their licence for a UK one, they simply fill out a D9 and get a UK counterpart (Paper bit) to accompany their EU licence. They then send off the counterpart, their EU licence and the fine, and the counterpart is endorsed.

If they are staying for over 12 months though, they would still then have to swap it for a full UK licence (Both parts). Certain members states (Mainly EU and commonwealth) do allow you to simply swap your licence for a UK one though, so you dont have to pass a driving test.

EU citizens ARE NOT required to exchange their license after 12 months. They CAN exchange it after 12 months if they wish. Only after 3 years is an EU license holder required to exchange for a British one (but plenty people don't). The only people who are required to get a UK license after 12 months are INTERNATIONAL (non-EU) license holders....and they have to past a driving test to get it.

(and no, you can't get points on an EU license)