What is a revoked driving licence?

Hintza

I have a friend (40) who apparently had her licence revoked over 10 years ago. She was caught badly parked and has also been charged with no insurance (I assume because she doesn't have a licence) she has insurance. I would assume she passed her test before 1 June 1997 when The Road Traffic (New Drivers) Act 1995 came into force

I and her partner have suggested that this is not good..

Where is this going?

HappyMJ

She should speak to a solicitor to defend the charges. Did she know her licence was revoked? She would have been charged with "driving otherwise than in accordance with a licence". She might get a small fine for that. Does she actually have insurance on the car? She will need to read the T's and C's of the insurance. Not all insurance policies require the driver to be fully licenced to pay out to third parties (it won't cover damage to her own car). It usually only requires the driver to not be disqualified.

kingstreet

If a licence holder fails to respond to a letter from the DVLA requesting their licence be returned for points to be added following a motoring conviction, DVLA will revoke the licence after a period of (IIRC) three months. It was previously twelve months, but the rule was changed recently.

As you mention, under the new driver regulations, amassing six points in the first two years of the first test pass will see DVLA revoke a licence and the holder must apply for a new provisional licence then re-sit their theory and practical tests.

In the former, the holder of the revoked licence must reapply to DVLA for a new licence, but doesn't have to be retested like the new driver.

I suggest a trip over here for help;-

http://forums.pepipoo.com/index.php?showforum=5

kingstreet

Just checked and the concession now lasts only 28 days and not the three months I thought;-

If a Court has notified DVLA of an endorsement and the licence was not submitted DVLA will update the record and write to the driver asking for the licence (1st letter). The letter states that their licence will be revoked in 28 days if they do not contact the Agency. If, after 28 days, DVLA has not received the licence, DVLA will write to the driver revoking their entitlement to drive for non-compliance (2nd letter). The record will be updated to show that their licence to drive has expired.

http://www.licencebureau.co.uk/faqs-for-dvla-policy-change-on-revocation-of-driving-licences/

LandyAndy

Could it have been revoked for medical reasons?

Rover_Driver

Most insurance policies have similar wording to 'Holds, or has held and is not disqualified from holding, a driving licence'.

The OP's friend has not been disqualified so if that wording is in their policy or certificate, their insurance is valid.

If all they have to do is apply for their licence, ie. it was revoked for not sending it for the points, and they are convicted of driving otherwise in accordance with a licence, awarding of any points is discretionay (as against 'L' driver - no 'L' Plates etc, where it is obligatory) - Sch. 2, Road Traffic Offenders Act 1988 'Discretionary in a case where the offender’s driving would not have been in accordance with any licence that could have been granted to him'.

Hintza

She has bought and paid her insurance for the last 14+ years but police are still charging her for no insurance.

I believe a speeding offence when she was home from abroad for a short stay about 15 years ago resulted in her being given points and they didn't get her licence at the time.

I'm being accused of being a pessimistic old bu66er. I will suggest she talks to a solicitor but as the saying goes "you can lead a horse to water.........."

But she lives in the sticks with 3 small children so needs her car.

Thanks guys.

Rover_Driver

Sounds like the police are assuming 'No licence automatically means No insurance', which it doesn't.

A letter to her insurance company, explaining the circumstances and asking for clarification, would settle the matter - one way or the other.

mikey72

The insurer will normally state the inurance is invalid. Mine does. However they are obliged to provide cover, and third party liabilty, which they can pursue the policyholder for any payment under at a later date. I would suggest taking decent legal advice on this as she did have valid insurance at the time, even though she was in breach of the t&c's.

SailorSam

Rover_Driver wrote: »

Sounds like the police are assuming 'No licence automatically means No insurance', which it doesn't.

What if they didn't have a licence, would that invalidate any insurance.
I know someone who has driven for about 30yrs and she's not even taken a test.

Rover_Driver

In that case it probably would, but the OP's friend has held a licence so it probably wouldn't.