6 points had licence less than 2 years?

us,thecat&thedebt

hi all,

long story short oh was pulled over by police 2 weeks ago and given a producer, he didnt have insurance to cover in (long story my mistake) he produced all docs required including new insurance but obvsly as it didnt cover time he was pulled over he was reported for failing to provide docs.. lady at the police station said to expect court letter..

letter rec yesterday offering him a chance to except fixed fine of £200 and 6 penalty points on his licence this will stop it going to court..

he currently has a clean driving licence, got his provisional in 2003 and passed his practical test in dec 2005.

we are obvisly going to accept the offer but does anyone know what the stance is with 6 points and having held a full licence for less than 2 years?

i have heard it will be revoked as if he got 12 points.. and he will have to re do is practical test... will he have to do the theory as well?

and when he does regain it will he stil have points?

sorry to waffle its just im a bit confused.. i read a post on here earlier about a guy getting insurance for his learner driver son who has six points already how is he getting his licence wont it be revoked immediatly????

Just to point out to everyone i am in no way saying oh does not deserve to get 6 points and fine it was a genuine mistake but the law is the law..

Thanks in advance for your help..

iceicebaby

I am not sure to be honest. have you tried the DVLA website ? Couls br some info on there

us,thecat&thedebt

tried looking online its def the case just confused re reapplying for licence...

alias7

I have had my license 10 months. It's clean but 6 points in the first 2 years is a 2 year ban & theory/practical re-test I think.

us,thecat&thedebt

Not read anywere about a 2 year ban can anyone confirm?

if this is the case he is better going to court as i understand it he wil get a 6 month ban

MickKnipfler

You should sign for West Ham. They could use the 6 points!

us,thecat&thedebt

MickKnipfler wrote:

You should sign for West Ham. They could use the 6 points!

now now..

:rotfl:

mattymoo

From the DVLA website.

How the Road Traffic (New Drivers) Act 1995 affects you

If you reach six or more penalty points on your driving licence within two years of passing your first driving test, ie during the probationary period, your driving licence will be revoked. The Driver and Vehicle Licensing Agency (DVLA), acting on behalf of the Secretary of State, will automatically revoke your driving licence when notified by a court or fixed penalty office. There is no right of appeal against revocation under the provisions of the act. You may only appeal against the conviction, which led to the revocation of your driving licence through the convicting court.
All valid penalty points will be taken into account when deciding whether six or more points have been accumulated in the two-year probationary period. Penalty points gained prior to the first driving test, which are within the three-year validity period, will also be taken into account. However, these will only come into scope of the Act if you incur further penalty points during the probationary period. Also, penalty points incurred after the probationary period has expired will be taken into account if the offence was committed during the probationary period.

How to regain your full licence

As the Road Traffic (New Drivers) Act 1995 reverts your driving status back to learner, you must follow the same procedures as a first time applicant ie pay the current application fee for a new provisional licence. An exchange fee will also be charged when converting the provisional to full. A full licence cannot be granted to you until you obtain a provisional licence and passed the relevant driving test.
Full entitlement to all categories of vehicle previously held will only be reinstated upon passing a test in any one of the driver's previously held entitlements. A successful test for entitlement to a category of vehicle not previously held will result in a full licence for that category only.

No mention of a 2 yr ban. He just goes back to square one though.

Altarf

us,thecat&thedebt wrote:

letter rec yesterday offering him a chance to except fixed fine of £200 and 6 penalty points on his licence this will stop it going to court..

we are obvisly going to accept the offer but does anyone know what the stance is with 6 points and having held a full licence for less than 2 years?

You should take proper legal advice on whether you may get a better result by going to court.

Although 6 penalty points is the minimum the court can impose, they can consider whether there are "Special reasons" why they should not impose the points, and instead impose a different penalty, for example a larger fine or a ban for a period of time, but would not result in the loss of licence and needing to retake the test.

Depending on the circumstance of why your OH was not insured, although it is very unlikely there is a very slim possibility that the court might accept that there are "Special reasons". However to stand any chance at all of them accepting this as a defence you must have proper advice.

Obviously you would need to balance this up against the much more likely possibility that the courts do not consider that there are "Special reasons" and still impose the 6 points, a fine, which may be more or less than the £200 (although any fine must be reasonable and proportionate to income), plus court costs.

Have a look here at some cases a real magistrate had before them -

http://thelawwestofealingbroadway.blogspot.com/2005/03/car-insurance.html

and what the result was

http://thelawwestofealingbroadway.blogspot.com/2005/03/car-insurance-2.html

Highland_Lass_2

There's definitely not a 2 year ban. It's a case of re-sitting both theory and practical test.

elektra

I wouldn't put any faith in court allowing for special reasons.

A few years ago I was pulled up for over 40 in a temporary 40. Roadworks on a non busy dual road - police waiting over the hill.

Anyway, I couldn't produce my licence as it was already at DVLA for change of address. There was no way I could produce in 7 days as DVLA were waiting for me to send photo. Even if I sent photo that day turnaround was mre than 7 days. Instead of police verifying that licence was with DVLA case had to go to court.

I coudn't( &didn't want to) go to court so I filled in the court forms stating my licence was at DVLA and even included envelope with datestamp when my licence was returned. My reasons were ignored, I got 4 points £60 fine.
When the fine came through there were 7 days to pay. So not even enough time for me to challenge it.