Can I drive with expired licence?

Lum

It's probably irrelevant now anyway as this thread has been going on for the best part of two weeks, so the OP should have received their replacement licence by now.

I don't think anyone was advocating never renewing their photocard, just whether the OP could carry on driving while waiting for the renewal to arrive.

sarahg1969

bigjl wrote: »

I haven't looked up or researched this, but don't you think that having an expired licence will cause the driver to be guilty of driving not in accordance with a licence, which will also invalidate the same driver to be charged with driving whilst uninsured, as if you drive not in accordance then you invalidate your Insurance.

QUOTE]

You've already been shown the evidence that driving with an expired photo does NOT lead to a charge of driving other than in accordance with a licence. The penalty is a fine for failure to update the photo. That's it.

Ian_W

sarahg1969 wrote:

You've already been shown the evidence that driving with an expired photo does NOT lead to a charge of driving other than in accordance with a licence. The penalty is a fine for failure to update the photo. That's it.

I think it's the inability to understand the DVLA's own explanation in the other forum you linked to (emphasis added):

DVLA wrote:

If the photograph has expired on the driving licence the customer is still entitled to drive.

However, I can confirm that it is an offence to not surrender your licence to update the photograph after 10 years. The licence holder is liable to pay a fine of up to £1000 upon conviction Court.

Post 5 @
http://www.forum.drinkdriving.org/ask-solicitor-free-legal-advice/16142.htm

bigjl

No, you have shown evidence that you may be able to fight this in court, but this won't do you any good if a copper takes the line that all the coppers that I have asked about it state that they will deal with it, and even if you do win the case you will still have to pay for the recovery fee and the storage charges.

Unlike some on this forum I live firmly in the real world, not in Google Land.

I also understand it perfectly. Though the car will still be impounded, and obviously the person answering the Email from DVLA is infallible and will be a witness in court also.

Do you not think that non surrender of an expired photocard licence could be considered to be driving not in accordance. As you have stated you are required to surrender it for a new photocard, and by not doing so you are not in accordance, seems obvious to me.

Lum

Ahh so the argument is now about whether coppers will take action over it, not whether it's legal or not. I think it's fair to say that traffic police are not legal experts and there are lots of things that they will do you for that aren't illegal, such as impounding your car for the "offence" of not being on a database that is known (officially stated by the maintainers) to not be 100% accurate.

You're right on the recovery and storage charges though. That is something I really hope this government change. Those fees should be refunded if the police were wrong, then it will hit their budget and police management may decide it's more cost effective to train their staff about the bloody law.

Ian_W

bigjl wrote: »

No, you have shown evidence that you may be able to fight this in court, but this won't do you any good if a copper takes the line that all the coppers that I have asked about it state that they will deal with it, and even if you do win the case you will still have to pay for the recovery fee and the storage charges.

Unlike some on this forum I live firmly in the real world, not in Google Land.

I also understand it perfectly. Though the car will still be impounded, and obviously the person answering the Email from DVLA is infallible and will be a witness in court also.

Do you not think that non surrender of an expired photocard licence could be considered to be driving not in accordance. As you have stated you are required to surrender it for a new photocard, and by not doing so you are not in accordance, seems obvious to me.

Whatever!

Google Land? A better place than the la, la land of the Barrack Room lawyer.

bigjl

Whatever? Oh, how very mature.

The final retort of those who think they may be loosing a discussion.

And LUM, my point has always been how the Police view it, as it is the Police that will nick you for it. As far as ways to get out of the situation after it happens, why not just make sure that the situation never occurs.

Lum

If you want to avoid all the possible situations where the police might impound your car unjustly then the best thing to do would be to sell it and use the bus.

bigjl

Real mature, LUM, real mature.

The best thing is to renew your licence when it nears it's valid till date, as that is what you are supposed to do, not try and be a smart !!!! and think of ways to get you out of trouble. Nothing wrong with dealing with a situation before it happens.

I hope you post the results when you don't renew your photcard licence as that seems to be what you advocate the OP does, I however advise him not to drive until he gets it renewed.

I am happy to post the results after I renew mine, how many that think there is nothing wrong with it are welcome to do the same, though I very strongly suapect that you are all cyber warriers and will in fact do exactly what I will do.

I am sure their is an expression to describe people that don't abide by their own advice. Somebody will probably Google it.

sarahg1969

bigjl wrote: »

No, you have shown evidence that you may be able to fight this in court...

Do you not think that non surrender of an expired photocard licence could be considered to be driving not in accordance.

NO! The law says:

Drivers who do not comply may have
committed an offence under section
99(5) of the Road Traffic Act 1988
non-surrender of licence – section
99(2A) and are eligible to face a
penalty (maximum £1,000 fine) for
not surrendering their licence.

It really is as simple as that.