Can I drive with expired licence?

bigjl

Markyt wrote: »

Don't send off your current licence. The cost of renewal and replacement is the same, and as DVLA won't accept photocopies if they do lose the odd entitlement from your new licence you can still miraculously find your old one.

Seems a shame that we have to think in such a way when dealing with large government institutions, though as I have said above that is what I would recommend.

vaio

bigjl wrote: »

We got warned in an official letter at work that we must ensure that our license is renewed before expiry, if it expires it will be a disiplinary offence and you will be barred from driving Trust vehicles.

Do not under any circumstances drive whilst you are waiting for a new license, unless it hasn't expired, as saying somebody on MSE said it was OK, isn't a defense in law, and neither is ignorance.......

Your (or any other) employer can make whatever rules they like about driving their vehicles but that's different from it being law.

From http://www.direct.gov.uk/en/Motoring/DriverLicensing/NeedANewOrUpdatedLicence/DG_4022085

Driving before your licence is returned

You can drive before you receive your licence as long as you:

• have held a Great Britain or Northern Ireland licence issued since 1 January 1976 or another exchangeable licence
• aren't disqualified from driving
• haven't been refused a licence for medical reasons or for failing to comply with medical enquiries
• wouldn't be refused a licence for medical reasons - if in doubt, check with your doctor
• keep to any special conditions that apply to your licence

Which strangely enough means I couldn’t drive whilst waiting as my licence is still my original issued in 1975

bigjl

vaio wrote: »

Your (or any other) employer can make whatever rules they like about driving their vehicles but that's different from it being law.

From http://www.direct.gov.uk/en/Motoring/DriverLicensing/NeedANewOrUpdatedLicence/DG_4022085

Driving before your licence is returned

You can drive before you receive your licence as long as you:

• have held a Great Britain or Northern Ireland licence issued since 1 January 1976 or another exchangeable licence
• aren't disqualified from driving
• haven't been refused a licence for medical reasons or for failing to comply with medical enquiries
• wouldn't be refused a licence for medical reasons - if in doubt, check with your doctor
• keep to any special conditions that apply to your licence

Which strangely enough means I couldn’t drive whilst waiting as my licence is still my original issued in 1975

So you are agreeing with me or not?


The license has an expiry date on it, which means it must be exchanged for a new one before expiry, otherwise your license has expired. Which means you can't drive till you have your new one.

This has been brought up in more places than just MSE, and the accepted interpretation is that if you don't renew your Photo before the license expires you are unlicensed.

I don't see any difference between this and when your license needs renewing when you are 70, if you don't renew it then you are unlicensed.

I will renew before it expires, not just because that is what my employer wants, though I have to assume that the Ambulance service and the Police employ qualified solicitors who would have researched this issue in great depth to ensure there is no liability to the Trust due to expired Photocard licenses.
But because looking at the way the DVLA have made such a mess of SORN and lost V5 forms I don't want to drive without a valid license.

If anybody wants to follow advice from an anonymous internet forum then they can fill their boots, I won't, but I will follow advise given to me by my employer when they have looked at the problem and got advise from those qualified in this.


The quote that you have quoted won't be any defense if it is quoted out of context, the context I believe is that they have assumed that the renewal would be sent off well in advance of the expiry date.

Found this after a 10 second goole search http://www.yourdrivinglicence.co.uk/renewing-your-photo-driving-licence-every-10-years.html

It would appear that you would be relying on the DVLA telling the truth in court, unlikely. And be charged with failing to renew.

Though if pulled by the old bill you would almost certainly have your car impounded and be reported of the offence of having an expired license, mainly due to the fact the the police only have the database to work from when they stop you, the database will show your license as expired.

Nilrem

bigjl wrote: »

As mentioned above, watch for loss of driving classes, bloke at work drives school buses and sometimes cement trucks for extra money, his came back with no PSV entitlement.


Whe I send mine I will take photcopies and scan it to my computer

That's a good idea, but you may want to get the copy witnessed/signed by a suitable person.
From what I remember the DVLA can still dispute a copy (due to the fact that people can/do try and alter copies), and require you to pass the tests again, however if you've got a copy that has been witnessed by someone with a certain legal standing they effectively can't, or at least will find it much harder to dispute.

IIRC there is normally someone at most courts (clerk?) who can do it for a small fee, as can the likes of solicitors or magistrates, and possibly police.

Gordon_Hose

bigjl wrote: »

The legal team in my NHS Trust would beg to differ, they are the ones that have made sure that we have been informed as detailed in my last post.

I believe the Met Pol have informed their staff in a similar way.

Seems like that is something the NHS and the Metropolitan Police have put in place for drivers of their vehicles.

If you don't work for either then carry on driving. Renewing your license DOES NOT revoke your driving privilege while it is at the DVLA getting renewed.

bigjl

It isn't a decision made by the Medical Director or the head fitter, it is a decision made by our employed legal team, as I am not qualified in law, then I wil take the opinion of a lawyer on board.

The Met Pol also think the same way, even though you are only renewing the photocard bit to make sure you still look you do in the picture by not having an up to date picture means that the license in no longer valid, I am not expressing the way i have interpreted the situation but rather the opinion of those that have detailed information and are trained in the profession.

The details of a DVLA website are not going to be a defense in law, they won't stop the car being inpounded by the old bill and the associated costs being billed to the driver.

I haven't looked into this or researched it but I am sure there must be a statute or some official documentation relating to it, which I am sure the Police and my Trust have access to.

If the Dvla can argue that just because they lost your V5 change of keeper request and can argue against the Interpretations act, whilst given out fines willy nilly I am sure they will fully support you when you get caught driving with an expired Photocard, as you need both bits for a license to be considered valid then surely if part of it is invaled it will it will surely be treated as invalid.


The renewal pack is sent out about 2 months before the photocard expires, when mine is due in 2013 I will go to the local office, I have learnt a lesson the hard way in relation to trusting the DVLA not to lose things or make mistakes.

sarahg1969

http://www.direct.gov.uk/en/Motoring/DriverLicensing/DG_068315

See part 4. The photo expires after 10 years; driving entitlement does not.

Also see s99 RTA 1988:

http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&title=road+traffic+act+1988&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&TYPE=QS&PageNumber=1&NavFrom=0&parentActiveTextDocId=2276534&ActiveTextDocId=2276689&filesize=40545

Hintza

Driving LICENCE NOT LICENSE

We aren't the 51st State just yet. :mad:

bigjl

Hintza wrote: »

Driving LICENCE NOT LICENSE

We aren't the 51st State just yet. :mad:

Oh, my god, think of all the people that will die because a dyslexic mispelled a word, thats it I'm off to kill myself.

No wait a minute, why don't you get a life.

Gordon_Hose

Hintza wrote: »

Driving LICENCE NOT LICENSE

We aren't the 51st State just yet. :mad:

Who cares though?