Driving ban question

dacouch

There are some International Licence holders that do not need to pass a driving test they simply swop licences to a UK full licence eg Australian

reduceditem

dacouch wrote: »

There are some International Licence holders that do not need to pass a driving test they simply swop licences to a UK full licence eg Australian

Yes thats correct there are a couple of exceptions...they are in the 'exchangeable international license' category.

pogofish

dacouch wrote: »

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

It gets a bit more complex in relation to driving offences - example explanation here:

Disqualifications
The rehabilitation period for a disqualification is the length of the disqualification. If a person is disqualified at the same time as receiving another penalty, the longer rehabilitation period applies. (For example, if a motorist is banned from driving for seven years and fined - which takes five years to become spent - the rehabilitation period would be seven years, not five years.)

Endorsements
An endorsement is not a 'disability, prohibition or other penalty' within the meaning of the Act, and therefore it cannot affect the rehabilitation period of a motoring conviction. So, for example, if a motorist is fined for drink driving and has his or her licence endorsed, the rehabilitation period would be five years (the length applicable to the fine) rather than 11 years (the length of time before a driver convicted of drink driving is entitled to a clean driving licence).

For points it is four years for most offences but eleven years for drink/drug offences.

Here:
http://www.direct.gov.uk/en/Motoring/DriverLicensing/EndorsementsAndDisqualifications/DG_10022425

Insurers will still require you to declare having had any for a period after they expire as well IME.

dacouch

I agree and disagree, my previous post and this post is in relation to declaring motoring convictions to Insurers.

The person does not have to declare a motoring conviction to their Insurer after five years from the date of conviction unless there is a driving ban of longer than five years. As you have correctly noted if you have a seven year ban then it would be seven years.

If there is a custodial sentance then a different period applies.

I have never seen someone with a driving ban of over three years without there being some type of custodial sentance, no doubt there are people with longer bans without custodial sentances but it must be very rare.

So in relation to declaring motoring convictions and drink / drug bans to motor Insurers you do not have to declare them to your Insurers after five years from the date of conviction because they have become "Spent" under the Rehabilittaion of Offenders Act unless there is a custodial sentance or the ban is longer than five years.

When you refer to four years and eleven years this is actually the periods the DVLA state for being able to send you licence to them to have the convictions deleted from your licence. They are not the rehabilitation periods they are the periods after which you can ask the dvla to remove mention of them from your driving licence

Rehabilitation of Offenders Act 1974
(reproduced by kind permission of NACRO)

The Rehabilitation of Offenders Act 1974 enables some criminal convictions to become 'spent', or ignored, after a 'rehabilitation period'.
A rehabilitation period is a set length of time from the date of conviction. After this period, with certain exceptions, an ex-offender is not normally obliged to mention their conviction when applying for a job or obtaining insurance, or when involved in criminal or civil proceedings.



Applying For Insurance

If the proposal form asks whether the applicant has any previous convictions, the answer can be 'no' if the convictions are spent. This is the case even if the conviction is relevant to the risk which the insurers will underwrite. (For example, spent motoring convictions are not required on a proposal form for motor insurance.)