Provisional licence with points

Mobeer

Sgt_Pepper wrote: »

If you're disqualified you would get a full licence back.

Not for a new driver:

http://www.direct.gov.uk/en/Motoring/LearnerAndNewDrivers/NewlyQualifiedDrivers/DG_4022566

What the New Drivers Act means for you

If you have just passed your first driving test, the New Drivers Act means you’re ‘on probation’ for two years. If you reach six or more penalty points in that time, you’ll lose your licence. Then, you’ll have to apply and pay for a new provisional licence. This means you’ll be a learner driver again.

atrixblue.-MFR-.

Sgt_Pepper wrote: »

If you're disqualified you would get a full licence back.

not if your disqualified under re-test rule of the new drivers act.

http://www.legislation.gov.uk/ukpga/1995/13

Mids_Costcutter

AnythingButChardonnay wrote: »

For all drivers: 12 points = almost certain (bar 'exceptional hardship') 6 month ban under totting up.

Unfortunately, this is not the case (much as I wish it were). Shockingly 43% of motorists with 12 points or more have kept their licences. That's 10,072 drivers in the UK. See news report from last autumn:

http://www.telegraph.co.uk/motoring/news/8833796/Carry-on-driving-for-half-of-drivers-with-12-points-on-licence.html

Rover_Driver

atrixblue.-MFR-. wrote: »

9 point remains on full license when passed any points there after in 2 years or under of the date you pass your test result in disqual, having to reapply for your provisional, and retake both theory and practical test over again. will have to declair disqual for 5 years to some insurers, some are asking 7 now and declair your a newly passed over again.

cannot get a revoke of license undeer the new drivers act, your are disqualified untill you have retaken you practical test.

A new driver who gets points or more on their licence within 2 years of passing their test, which takes them over 6 points, will have their licence revoked under the New Drivers Act, it is an administrative action by DVLA.
It is not a disqualification.

Aretnap

Mids_Costcutter wrote: »

Shockingly 43% of motorists with 12 points or more have kept their licences.

I strongly suspect that the 43% claim is not true. The press release which the Telegraph copied out suggests it comes from comparing

(1) the number of drivers with 12 or more points on their licences. The DVLA records points from the last 4 years, so many of these people may not have got their 12 points over the 3 year period which matters for totting purposes; with
(2) the number of people currently banned under the totting up process.

The vast majority of totting bans last six months, so they're comparing six months worth of bans with potentially several years of points accumulation. No wonder the percentage is so high - the two numbers are measuring completely different things. It seems to say more about the sloppy use of statistics by pressure groups than it does about the chances of actually being disqualified.

To get a true estimate of the percentage of drivers who make a successful exceptional hardship plea you'd have to ask a different question from the one Brake did - and I suspect the number would come out much lower.

atrixblue.-MFR-.

Rover_Driver wrote: »

A new driver who gets points or more on their licence within 2 years of passing their test, which takes them over 6 points, will have their licence revoked under the New Drivers Act, it is an administrative action by DVLA.
It is not a disqualification.

taken from the new drivers act first introductory paragraph.

1 Probationary period for newly qualified drivers.


(1)For the purposes of this Act, a person’s probationary period is, subject to section 7, the period of two years beginning with the day on which he becomes a qualified driver. (MY BOLD)

so we go to setion 7
7 Early termination of probationary period.


For the purposes of this Act a person’s probationary period comes to an end if—

(a)an order is made in relation to him under section 36 of the M10Road Traffic Offenders Act 1988 (order that a person be disqualified until he passes the appropriate driving test);
(my bold).

Rolandtheroadie

Dont know so much about personal hardship, I'm aware of 2 cases of over 12 points.
Neither were down to a hardship plea, reason given was for different offences at the same time.

AnythingButChardonnay

Sgt_Pepper wrote: »

Can't be both, revlcation put's you back to a provisinal and is done by the DVLA. Courts disqualify you and therefore you couldn't hold a provisional licence.

Not quite sure how those two things contradict?

You lose your licence for 6 months (and therefore have to reapply for it at the end of your ban). When you reapply, the DVLA send you a nice little green one with a red 'L' on it.

Better?

Rover_Driver

atrixblue.-MFR-. wrote: »

taken from the new drivers act first introductory paragraph.

1 Probationary period for newly qualified drivers.


(1)For the purposes of this Act, a person’s probationary period is, subject to section 7, the period of two years beginning with the day on which he becomes a qualified driver. (MY BOLD)

so we go to setion 7
7 Early termination of probationary period.


For the purposes of this Act a person’s probationary period comes to an end if—

(a)an order is made in relation to him under section 36 of the M10Road Traffic Offenders Act 1988 (order that a person be disqualified until he passes the appropriate driving test);
(my bold).

Section 7 only applies to people who have been disqualified by a court until they pass their test. (for an offence in s.36 RTOA 1988).

It is not a disqualification under the New Drivers act, all it means as far as that act is concerned, is that their probationary period ends, and therefore they are no longer subject to that act when they are convicted of an offence and s.36 RTOA is invoked by the court.

If a driver is disqualified at court for an offence and it is for a period of time, with no re-test requirement, if the licence was a full one, a full one would be returned. As no points are involved, the New Drivers act does not apply which is why some new drivers try for a short disqualification rather than points.

If a driver is disqualified at court as a result of 'totting' - 12 points or more - then the New Drivers Act will apply and their licence will be revoked by DVLA if they have 6 points or more in the probationery period. It is a result of the the points, not the disqualification.

Mids_Costcutter

Aretnap wrote: »

I strongly suspect that the 43% claim is not true. The press release which the Telegraph copied out suggests it comes from comparing

(1) the number of drivers with 12 or more points on their licences. The DVLA records points from the last 4 years, so many of these people may not have got their 12 points over the 3 year period which matters for totting purposes; with
(2) the number of people currently banned under the totting up process.

The vast majority of totting bans last six months, so they're comparing six months worth of bans with potentially several years of points accumulation. No wonder the percentage is so high - the two numbers are measuring completely different things. It seems to say more about the sloppy use of statistics by pressure groups than it does about the chances of actually being disqualified.

To get a true estimate of the percentage of drivers who make a successful exceptional hardship plea you'd have to ask a different question from the one Brake did - and I suspect the number would come out much lower.

Well, what question do you think Brake / Direct Line (a pressure group?) should have asked? The data was provided by the DVLA and showed the number of drivers who were reaching 12 points (so over the 3 -year period for totting up purposes) and hadn't lost their licences. I don't see any evidence that a 4-year period was used, unless you can explain otherwise?