Revoked Licence within 1 week ( PLEASE HELP!)

27col

Reggie_Rebel wrote: »

Two things here. Your opinion counts for nothing you'll be sad to hear and it is totally in your control.

My best advice is to knock the chip off your shoulder, put it down to experience and move on, by foot preferably

I hope that you are not looking for sympathy, as from the tone of the replies, you are not going to get any. Your record of driving is atrocious and you need to get a grip and reshape your attitude to being on the road. Your opinions as to the validity of your treatment have no bearing on what has happened to you. I suggest that you start again with a new test and do your best to keep out of trouble this time round.

DaveF327

I'll try to keep my advice as simple as I can. With the law as it stands, that's not easy, but here goes:

prg wrote: »

I had accumulated a total of 6 points on my provisional licence for fixed penalties whilst riding a motorcycle with L plates.
These were approximately June 2001 & October 2006

The points in 2001 have expired, and the 2006 ones are valid for "totting up" purposes until Oct 2009, so at that point, you had 3 points.

So in my opinion i had 3 points on my licence at the time I took my test,

Correct.

I passed my Motorcycle test in October 2008.

This was your first test pass. More on that later.

I accumulated a further 3 points for SP30 (speeding 50 in a 40) on 04/05/09

Ok, so when those points are endorsed, you will reach 6.

I finally passed my Car test on 25th June 2009, and sent my licence off to be endorsed shortly afterwards.

So you passed your car test with 3 points officially, but since then, the total has reached 6.

I have now received a letter from the DVLA stating my licence is being revoked under the New Drivers Act 1995.

Correct. So when the fixed penalty clerk sent your licence to the court for endorsement, the total reached 6, then by law, the court had to return your licence to the DVLA.

I am somewhat confused as my examiner & instructor had informed me that the new drivers act 1995 meant I could accumulate a total of 6 points after the date of passing my test(s), not including those already on my provisional licence.

This is where you were either misinformed or you misunderstood. The 6 point total do include any on a provisional licence. Some instructors do get stuff wrong, but I'm surprised the examiner didn't make the legal position more clear.

Now here's what the New Driver's Act states:

1.—(1) For the purposes of this Act, a person's probationary period is,
subject to section 7, the period of two years beginning with the day on
which he becomes a qualified driver.

(2) For the purposes of this Act, a person becomes a qualified driver
on the first occasion on which he passes—
any test of competence to drive mentioned in paragraph (a) or (c)
of section 89(1) of the Road Traffic Act 1988;

(3) Subsection (4) applies where—
(a) a person's licence and its counterpart have been sent to the fixed
penalty clerk under section 54(7) of the Road Traffic Offenders
Act 1988 or delivered to the fixed penalty clerk in response to a
conditional offer issued under section 75 of that Act;
(b) the offence to which the fixed penalty notice or the conditional
offer relates is one involving obligatory endorsement;
(c) the fixed penalty clerk endorses the number of penalty points to
be attributed to the offence on the counterpart of the licence;
(d) the penalty points to be taken into account by the fixed penalty
clerk in respect of the offence number six or more;
(e) the licence shows the date on which the person became a qualified
driver; and
(f) it appears to the fixed penalty clerk, in the light of the particulars
of the offence endorsed on the counterpart of the licence and the
date so shown, that the offence was committed during the
person's probationary period.

(4) Where this subsection applies, the fixed penalty clerk—
(a) may not return the licence and its counterpart under section
57(3) or (4) or 77(1) of the Road Traffic Offenders Act 1988; but
(b) must send them to the Secretary of State.

I was fully aware that points accumulated would remain on my licence, but not included in the total number allowed during the probationary 2 year period.

Unfortunately for you, this is the case.

(5) For the purposes of subsection (3)(d) the penalty points to be taken
into account by the fixed penalty clerk in respect of the offence are the
penalty points which would have been taken into account under section
29 of the Road Traffic Offenders Act 1988 if—
(a) the person in question had been convicted of the offence; and
(b) the number of penalty points to be attributed to the offence on
that occasion had been determined in accordance with section
28(3) of that Act.

Section 29 of the Road Traffic Offenders Act says, "If any of the offences was committed more than three years before another, the penalty points in respect of that offence shall not be added to those in respect of the other."

So in other words, the points given for the latest offence are added to any points for any offence during the 3 years prior and no discrimination is made as to whether the licence was full or provisional.

Whilst I am not disputing the points received. I do not know where I stand, having only passed my car test last week, as this was after the date of the conviction, and had i know my licence was to be revoked i would simply have posponed my test and taken it when the new provisional was sent back.

In hindsight, that would have been easier on you. Your bike licence would have been revoked, then you would have had to retake your bike test first, then worry about your car test another time.

so i have 6 points on a provisional licence and have passed a test after all the points were endorsed. So why the Revoke??????????????

No you didn't. You said that "I finally passed my Car test on 25th June 2009, and sent my licence off to be endorsed shortly afterwards." So the endorsement happened after your car test.

what i still dont understand is whether the DVLA start a new probrationary period with each category test pass

No, there is only one probationary period per person. Ever. It start from your first test pass (in your case from October 2008 and will last until Oct 2010). No matter how many tests you pass in different categories now, your licence will only be revoked once between those dates when the points reach 6. That has already happened and will never happen again. Your only concern now is if the points reach 12 (again, counting all points 3 years backwards from the latest offence), in which case you will be banned for a minimum of 6 months.

Where is the loop hole here, can anyone give me any words of advice

No loophole, I'm afraid. The law wins every time. Advice? Consider some advanced driver / rider training so you improve your observation skills, particularly with regard to legal requirements such as signs and road markings.

for the record, i passed both my tests Car & Bike with less than 3 minor faults and the theroy for both with 100%.and i'm 27 years old not 17.

Surely the dvla should take this into account,

The DVLA neither know nor care how you performed on test. The DVLA acted exactly on the letter of the law.

and WHY WHY WHY if my licence was to revoked was i able to book a test in the first place.

Because you booked it before the total points reached 6 and your licence was technically valid at that point in time. The final endorsement (or the final straw) happened after you passed your second test.

economiser

MrsTine wrote: »

Wrong Rule of thumb: If there is a seperate entry and exit then the highway code applies (one entry point but an in lane and an out lane would constitute the seperate entry/exit).

I can't believe this. Unless the signs were placed by the local authority or higways agency they cannot have legal force. I have two entrances to my property and I am sure if I put entry and exit signs on them the police would not enforce them.

sarahg1969

economiser wrote: »

I can't believe this. Unless the signs were placed by the local authority or higways agency they cannot have legal force. I have two entrances to my property and I am sure if I put entry and exit signs on them the police would not enforce them.

I'm pretty sure you would need a correct TRO in place to enforce them.

Jakg

prg wrote: »

and i'm 27 years old not 17.

Good for you - I may be 17 but at least i've managed to cover 15,000 miles on a car and a bike without getting any points...

vsoe57

R0bert_Sterling wrote: »

You should forget the idea of driving for the sake of the rest of us.

You sound an incompetent menace on the road with an arrogant attitude toward authority and safety.

In the unfortunate eventuality that you do get your licence back, you will lose it shortly afterwards for more convictions.

Do us all a favour and ride a pushbike.

Are you a smug copper who thinks they they know it all or another mr mrs perferct give the bloke a chance we're not all as good as you obviously are.

ktuludays

OP - i think you need to post here

http://sympathyforum.lefora.com/headlines/

we are all fresh out on this forum

creased-leach

vsoe57 wrote: »

Are you a smug copper who thinks they they know it all or another mr mrs perferct give the bloke a chance we're not all as good as you obviously are.

If you're not good enough to avoid all those points in such a short period of time- you're not good enough to be on the road putting me & mine at risk.

vikingaero

sarahg1969 wrote: »

I'm pretty sure you would need a correct TRO in place to enforce them.

It depends on the road layout. The exit lane of a petrol station may be on a public road with a No Entry sign.

Also the Highway Code and any relevant Road Traffic Acts would apply to any land where the public has access. So a zebra crossing in Tescos private car park would still have the same legal force as one on a public road.

R0bert_Sterling

vsoe57 wrote: »

Are you a smug copper who thinks they they know it all or another mr mrs perferct give the bloke a chance we're not all as good as you obviously are.

I'm another road user who in 20 yrs of driving has had a 3 point SP50 (82 on motorway) which expired about 8 yrs ago and another scrape (35 in a 30) which led to a speed awareness course).. so I am no do-gooder.

The OP is a self confessed menace on the road happily blaming authority for his wreckless driving and blatant disregard for a law.

My safety is compromised the same as everyone else's with this fool on the road.

To rack up so many points before even passing a test is ridiculous.