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loosing the license

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  • CHR15
    CHR15 Posts: 5,193 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I would hope that any "boy racer" who succeeds in getting banned a second time would find his Insurance SOOOooooo expensive, he simply would not be able to AFFORD to drive again.
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    You do not get banned if you receive 6 points on your licence during the first two years.Your licence is revoked. They are two entirely different things.
  • sarahg1969 wrote: »
    You do not get banned if you receive 6 points on your licence during the first two years.Your licence is revoked. They are two entirely different things.

    Is there any way I can avoid revocation of my driving licence?

    Yes. Whilst revocation is automatic if you reach 6 points, if you can prevent points being endorsed, you can avoid revocation. Consequently, for some offences it may be more practical to obtain a short period of disqualification by way of a punishment instead of penalty points. Although to achieve this, you will have to attend Court, if you can convince the Court to impose a punishment that avoids penalty points, you will avoid revocation.
    It is important to understand that whilst the Court has no discretion on whether revocation is imposed should you reach 6 points, it does have discretion on the punishment imposed and therefore, avoiding points will avoid revocation. This will require technical knowledge of the law so you should seek legal advice if you chose to go to Court.

    Then after the ban, your licence will have no points on it and you would no longer be tied to the 6 points in 2 years new driver act?
    A lot of people probably dont realise that (I didnt!).
  • "how many points he can accumulate" ? It's not a target ya know!

    8 years and still no points... and I hope to keep it that way.

    I hope you do, But that can all change in 24 hours, Drinking, Tired, Speeding etc.

    SEEN IT DONE.
    Thomson 757 Man
  • Inactive
    Inactive Posts: 14,509 Forumite
    I hope you do, But that can all change in 24 hours, Drinking, Tired, Speeding etc.

    SEEN IT DONE.

    But all of those offences are self imposed by the actions of the driver surely?
  • Driving is a privilage, not a right.

    You'd think after being banned (or revoked) once that people would realise that they can't drive like a twit or they will get banned again.

    He's passed an extended test so he is obviously capable of driving to a good enough standard when he wants to. So it has to be a major attitude problem.
    I think you're wasting your breath, he obviously needs more bans and higher insurance to teach him.
  • finished
    finished Posts: 109 Forumite
    Is there any way I can avoid revocation of my driving licence?

    Yes. Whilst revocation is automatic if you reach 6 points, if you can prevent points being endorsed, you can avoid revocation. Consequently, for some offences it may be more practical to obtain a short period of disqualification by way of a punishment instead of penalty points. Although to achieve this, you will have to attend Court, if you can convince the Court to impose a punishment that avoids penalty points, you will avoid revocation.
    It is important to understand that whilst the Court has no discretion on whether revocation is imposed should you reach 6 points, it does have discretion on the punishment imposed and therefore, avoiding points will avoid revocation. This will require technical knowledge of the law so you should seek legal advice if you chose to go to Court.

    Then after the ban, your licence will have no points on it and you would no longer be tied to the 6 points in 2 years new driver act?
    A lot of people probably dont realise that (I didnt!).

    you are correct up to a point.if the offence is for drink driving then it is an absolute offence I.E. no mitigating circumstances.you lose the licence.I am very proud to have reported 2 drunk drivers over the past 3 years leaving my local bar.both caught both lost licences,one for 2 years.:cool:
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    If it happened again though the police offcers may well decide to summons him and the magistrates may well start handing down bans and custodials.
  • sarahg1969
    sarahg1969 Posts: 6,694 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    finished wrote: »
    you are correct up to a point.if the offence is for drink driving then it is an absolute offence I.E. no mitigating circumstances.you lose the licence.I am very proud to have reported 2 drunk drivers over the past 3 years leaving my local bar.both caught both lost licences,one for 2 years.:cool:

    That's different. If you lose you licence for two years, then you've been banned, not had your licence revoked.


    Scotsman4th is showing that a new driver can avoid having their licence revoked by receiving a short ban instead. However, this is highly unlikely to occur in the case of a drink driver. Because, as well as the ban, they would also receive points, and the licence would automatically be revoked.

    By way of example:

    Amir Khan was done for dangerous driving or something similar, when he knocked down (and seriously injured) a man on a crossing, as he sped through red lights, overtaking stationary traffic. This ocurred within his 2-year probationary period.

    At the time, he was also awaiting a trial for driving at 140-odd mph through motorway roadworks (dangerous driving again, I think). That was an earlier offence.

    For the accident, he was found guilty only of DWDCA, and the Judge gave him a 6-month ban, and no points. At the second hearing (for the offence which occurred just 6 weeks after he passed his test), he was found guilty of speeding only, and was again given no points, and just a 6-week ban, which was to run concurrently with the one he was serving. ie, no punishment at all!

    So, you see, revocation can be avoided, by being dealt with by a kindly Judge who will instead give you a short ban. Wasn't Amir Khan a lucky boy?
  • DaveF327
    DaveF327 Posts: 1,161 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    greenpixey wrote: »
    A friend of mine was disqualified from driving (he is a boy racer and a bad driver )
    He has since then retaken his test and regained the license.
    Does anyone here know how many point he can accumulate before he loose his license again?
    We need more information before we can provide an answer. Was he disqualified by a court? or merely have his licence revoked under the New Drivers Act? Exactly what offence was he disqualified for?

    If he was disqualified under the New Drivers Act, then he will have 6 points already. Once the test is retaken and the licence is granted again, these 6 points will still remain in force unless expired by virtue of age. Once the point total reach 12 (counted backwards three years from the date of the last offence), he is liable to disqualification for a minimum of six months.

    If, on the other hand, he was disqualified by a court (including for 'totting-up' 12 points) then all points are wiped so when the licence is returned to the driver after disqualification, he starts again with a "clean slate".

    It would be helpful if you quote the offence codes and penalty points etc. from the counterpart of his licence.
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