worried sick - need advice please

Paradigm

Due to the lack of clarity on this I would think a quick visit to a motoring solicitor is probably a good idea...AFTER you have produced the pass cert & licence. There is no point paying to see a solicitor now as you would be wasting your money, you will still have to produce your documents. Wait until you are actually charged with something!!!

Just to muddy the waters further ....

Once you have passed your driving test (both theory and practical are needed), you'll need to notify the Driver and Vehicle Licensing Agency (DVLA) to exchange your test pass certificate and provisional driving licence for a new full driving licence as soon as possible.

The same is also true if you're the holder of a full driving licence and have passed a test for another vehicle, such as a lorry or bus. You'll need to return your test pass certificate with your driving licence to have the new driving entitlement added to your licence.
Beware of the time limit!

Notice the bit in bold... there is not even a time limit, except for the "2 year" rule where you lose the entitlement. Nowhere does it say you cannot drive until you have sent your pass cert in!!

I stand by what I said originally, you are legally entitled to drive & if the Police decide to prosecute on this issue then I would see a specialist solicitor.

Let us know how you go on, I can't wait

Poppy9

When I passed my test back in 1980 it was common to hold onto your provisional licence till it was due to expire to save paying out straight away for a full licence.

However I got in trouble for not producing my licence to the police at a later stage, when I did have my full licence. I was stopped on way home one night and given a notice to produce my documents (licence, MOT & insurance) within 7 days. I had moved house though and to comply with the law had sent of my licence to have my address changed and it wouldn't be back before the 7 days was up.

I attended the police station with my MOT, Insurance and my DL number but the officer taking down my details read me my rights as I had committed the offence of failing to produce my drivers licence. A short while later a Police officer turned up at my house saying that when the officer had taken details of my documents at the station he had missed something so could I show him a copy of my insurance. I said I now had my DL back from DVLA so he took details of that. I then had a letter from the police saying "under the circumstances we will not prosecute this time".

So complying with the law to have my licence showing my correct address causes me to the break the law if I drive during the 3 weeks they take to process it as I cannot produce my licence when requested to by a PO.

jkdd77

A person is definitely entitled to drive on a provisional license with a valid test certificate (<2 years old); this is expressly provided by Regulation 15(10) of the Motor Vehicles (Driving Licences) Regulations 1996.
(can't post the link as I'm a new poster- google it)

15.—(1) Subject to the following paragraphs of this regulation, the holder of a provisional licence shall comply with the following conditions in relation to motor vehicles of a class which he is authorised to drive by virtue of the provisional licence, that is to say he shall not drive or ride such a motor vehicle—

(a) otherwise than under the supervision of a qualified driver who is present with him in or on the vehicle,
(b) unless a distinguishing mark in the form set out in Part 1 of Schedule 4 is displayed on the vehicle in such manner as to be clearly visible to other persons using the road from within a reasonable distance from the front and from the back of the vehicle, or
(c) while it is being used to draw a trailer.

"(10) The conditions specified in paragraphs (1), (5), (6), (7) and (8) shall not apply in relation to the driving of motor vehicles of a class in respect of which the provisional licence holder has been furnished with a valid certificate under regulation 45(1)(a) or, as the case may be, certificates under regulations 44(2)(a) and 45(2) stating that he has passed a test for the grant of a licence authorising him to drive vehicles of that class."

As condition 15(1) does not apply, a holder of a provisional licence with a valid pass certificate is entitled to drive on the same terms as the holder of a full licence-as they are not commiting any offence.

If anyone has indeed been convicted for driving other than in accordance with the conditions of a provisional licence with a valid (<2 years old) test certificate, then this represents a serious misapplication of law by the judge, and the wrongly convicted person should be able to apply to have the unlawful conviction quashed, even it is too late to make an appeal as such.

With regard to the insurance offence, the OP is guilty, but may be able to plead "special reasons" to have fewer points applied, or even no points at all. If successful, this would save the OP from revocation under the New Drivers Act. I would recommend getting advice from a solicitor on this.

stormbreaker

Poppy9 wrote: »

I attended the police station with my MOT, Insurance and my DL number but the officer taking down my details read me my rights as I had committed the offence of failing to produce my drivers licence.

As it was in the post, you should not have been charged as you did not have it in your possession to produce.

Miss_Vanquish

I HAVE BEEN THROUGH A SIMILAR EXPERIENCE SO BELOW MIGHT HELP:

1) Secret Spender if you do not produce the required document within the stated time framed you will be required summoned to court

2) At court you WILL require a motor specialist (these guys charge between £1500 - £2000 to represent you)

3) PROVISIONAL - You can drive with a provision however you must be with a qualified driver & have L plates showing clearly & valid insurance

4) In court if you can product document to say you did have valid insurance then under "special reasons" ie.that you did everything in your power to make sure you were insured but the Insurance Company are at fault they will not enforce any points on your license. There is a part in the legislation where it states that if you can prove that the Insurance Company has given you inaccurate information then you are not at fault.

5) Lets say you only have a provisional and you cannot produce the document then it will be very likely you get a ban

6) If you have a full license and have been driving less than 2 years then your license will get revoked and you will need to apply for a provision sit theory & practical again. PLUS the points remain on your license.

MY ADVICE - let it get to court which will be months from now, and get a motor solicitor.

Sorry if the above is a repeat of all other posts I just had a quick scan!

Miss V

Paparika

If you do get the points then it is bye bye to your licence until you retake your test/s again