Non-UK license holder summoned by court for a mobile phone offence

liva

Dear all,

I am an EU national with a (non-UK) EU driving license who has been residing in the UK for the last 2.5 years. I was stopped by police because I was talking on mobile phone while driving. He checked my driving licence and said that I can't drive with EU driving licence more that 1 year here in UK. I wasn't 100% sure if he is right on not and didn't argue too much. He said that he can't give me normal fine ticket (60£ + 3 points) because I don't have UK licence. Than he took my address details is said that I'll receive invitation to "safe driving" courses or a letter from the court.

Few days ago I received a letter from the court regarding usage of mobile phone while driving only (they didn't say anything about my licence). They offered me 3 scenarios:
1. Pleading guilty by post
2. Pleading guilty at court
3. Pleading not guilty

If I change my EU licence to UK licence quickly, do you think it is possible to ask police to cancel court process and just to pay 60£ and receive 3 points on my new licence?

P.S. According to Directgov website I can drive with EU licence "until aged 70 or for three years after becoming resident, whichever is the longer period".

HappyMJ

It must be dealt with in court. Be careful they can also charge you with "LC20-Driving otherwise than in accordance with a licence". That's another 3 points. Your insurance may have been invalid so that's "IN10-Using a vehicle uninsured against third party risks". That's 6 points. As well as the 3 for the "CU80-Using a mobile while driving a motor vehicle" means you may just be disqualified.

sarahg1969

HappyMJ wrote: »

It must be dealt with in court. Be careful they can also charge you with "LC20-Driving otherwise than in accordance with a licence". That's another 3 points. Your insurance may have been invalid so that's "IN10-Using a vehicle uninsured against third party risks". That's 6 points. As well as the 3 for the "CU80-Using a mobile while driving a motor vehicle" means you may just be disqualified.

A little over the top.

It looks as though the OP has had a summons for using a phone and nothing more. OP - it's too late for changing your licence now, and, as you say, there's no need.

The DVLA will create a ghost UK licence for you. The points will go on that, and you'll also have to pay a fine, costs and a victim surcharge.

Gloomendoom

From the motorlawyers.co.uk web site...

Do I have to exchange my EU licence?
You do not have to exchange it if you hold a EU licence or until you are a resident in the UK for a year or more. However, it is advisable to exchange it as in the event of any issues resulting in conviction, a UK Court is more likely to impose a disqualification if the licence held is not one that can be endorsed.

robbies_gal

sorry to hijack is it the same rules with an australian license as in you can jsut apply for a uk one after 3 years or do you have to take a uk driving test?

spiro

liva wrote: »

Few days ago I received a letter from the court regarding usage of mobile phone while driving only (they didn't say anything about my licence). They offered me 3 scenarios:
1. Pleading guilty by post
2. Pleading guilty at court
3. Pleading not guilty

As you have admitted doing it, do not take option 3 because when you are found guilty in court the punishment will be higher because you have wasted the courts time.

liva wrote: »

He checked my driving licence and said that I can't drive with EU driving licence more that 1 year here in UK.

If you previously swapped a licence from a country ouside the EU for a licence from a country inside the EU then these are only valid in the UK for 1 year. As an example if you swapped a Russian licence for a Polish licence then used the Polish one in the UK for more than a year it would no longer be valid.

thenudeone

liva wrote: »

He said that he can't give me normal fine ticket (60£ + 3 points) because I don't have UK licence.

That is NOT correct - non UK licence holders CAN be issued Fixed Penalty Notices. Have a look at this document which explains the procedure (section 3.6)
http://www.hampshire.police.uk/NR/rdonlyres/EAD364CC-D935-4434-859C-B4175902502F/0/04501.pdf

One of the reasons why these rules were brought in was because an EU citizen who was summonsed to court for a UK driving offence successfully claimed that by forcing EU citizens to attend court for a relatively minor offence for which a UK citizen would have been issued a fixed penalty ticket, he/she had been discriminated against. I don't know the case but an internet search should find it.

I suggest that you write to the Police asking for this matter to be dealt with by a fixed penalty, which is what the procedures allow for, and which is what a UK licence holder would have been offered, and pointing out that forcing you to attend court would be classed discrimination (ideally quoting the relevant case details).

HappyMJ

gabbyevs wrote: »

sorry to hijack is it the same rules with an australian license as in you can jsut apply for a uk one after 3 years or do you have to take a uk driving test?

You have to apply for a provisional licence and pass both the theory and practical test. Note that you cannot drive alone whilst you hold a provisional licence you must always be accompanied by a fully licensed driver.

Gloomendoom

gabbyevs wrote: »

sorry to hijack is it the same rules with an australian license as in you can jsut apply for a uk one after 3 years or do you have to take a uk driving test?

To avoid a test it looks like you need to exchange your Australian licence for a UK one within five years. Your Australian licence is only valid for the first twelve months.

Gibraltar and Designated Countries

GB has reciprocal exchange agreements with Gibraltar and 15 designated countries.

The designated countries are:
Australia, Barbados, British Virgin Islands, Canada, Falkland Islands, Faroe Islands*, Hong Kong, Japan, Monaco, New Zealand, Republic of Korea*, Singapore, South Africa, Switzerland and Zimbabwe.
If you are a visitor in GB, and hold full ordinary entitlement, you can drive any category of vehicle, up to 3.5 tonnes and with up to eight passenger seats, shown on your licence for up to 12 months from the date you last entered GB, whether or not you brought the vehicle into GB. If you also hold full entitlement to drive large lorries or buses you are only allowed to drive large vehicles registered outside the GB that you have driven into the country.

If you are a resident in GB and provided your full licence remains valid, you can drive small vehicles for 12 months from the time you became resident. To ensure continuous driving entitlement, you must exchange your licence for a GB one before the 12 months end.

If you do not do this you must stop driving although you may apply to exchange your licence at any time within five years of becoming resident.

*Motorcycle entitlement from the Republic of Korea and Faroe Islands is not exchangeable.

Source

Rover_Driver

Australia is a 'Designated country'.

• you can drive in Great Britain (GB) on your full, valid driving licence from a Designated Country for up to 12 months from the day you become resident in GB
• you can exchange your licence for a British one within five years of becoming resident
• if you haven't exchanged your licence for a British one before the end of the first 12 months of becoming resident, you will need to stop driving

poppasmurf_bewdley

You should be banned for putting the lives of other road users at risk. Here's hoping!