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Provisional licence with points

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Comments

  • red_eye
    red_eye Posts: 1,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Can a person with a provisional licence with 9 points on it still drive?
    thanks
    as soon as newly passed driver collects 6 points it is ban time.

    So if you pass your test you should receive a prize from the dvla
  • Sgt_Pepper_2
    Sgt_Pepper_2 Posts: 3,644 Forumite
    red_eye wrote: »
    as soon as newly passed driver collects 6 points it is ban time.

    So if you pass your test you should receive a prize from the dvla

    No, its revocation time.
  • red_eye
    red_eye Posts: 1,211 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Sgt_Pepper wrote: »
    No, its revocation time.
    Same thing? you cant drive until you retake your practical
  • Sgt_Pepper_2
    Sgt_Pepper_2 Posts: 3,644 Forumite
    red_eye wrote: »
    Same thing? you cant drive until you retake your practical

    No its not, you can drive under the terms of your provisional. If your banned you have no licence.
  • Rover_Driver
    Rover_Driver Posts: 1,522 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    red_eye wrote: »
    as soon as newly passed driver collects 6 points it is ban time.

    So if you pass your test you should receive a prize from the dvla

    A driver who has 6 or more points on their provisional licence will not have their licence revoked when they pass their test.
    However, if they are awarded points after they pass their test, and it takes the to total to 6 or more (including those awarded when they had a provisional licence), their licence will be revoked.


    A driver who has had their full licence revoked by DVLA under the New Drivers act can apply immediately for a provisional licence and carry on driving under the conditions of that licence.

    A driver who has been disqualified (banned) by a court cannot drive at all until the expiry of the term or conditions of that disqualification.
  • Aretnap
    Aretnap Posts: 6,071 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    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?

    Brake are a pressure group. Direct Line are an insurance company who add their name to press releases to get it into the papers - it's cheaper than paying for advertising. Large companies do that sort of thing all the time - wh you see a story in the press along the lines of "A new study by has found that (some mildly surprising but not very important "fact" about driving)" there is an excellent chance that the "study" has been carried out in the advertising department on a Friday afternoon and the results written on the back of a fag packet. Ben Goldacre writes about the phenomenon - here's a particularly egregious example.

    Don't know for sure whether in responding to requests of this type the DVLA count points obtained over a 3 or 4 year period, but their explanatory notes to a similar request (linky) suggest that it's the latter - they explain that endorsements stay on licences for four or eleven years, and say nothing at all about any three year period. The natural reading is that when you ask them "how many drivers have points on their licences" they give you the number who have, erm, points on their licences, not the number who have points which are currently valid for totting purposes.

    However the DVLA defined "on 12 points and not banned" though, the other point is that Brake compared the number of people CURRENTLY disqualified through totting with the number of people CURRENTLY on 12 points but not banned. So they're comparing the number of totting bans handed out in the last six months (nearly all totting bans last 6 months) with the number of people who have accumulated 12 points over a much longer period and not been banned. So the numbers aren't comparable.

    An accurate estimate would mean asking the DVLA a much more precisely worded question, along the lines of (a) how many totting bans were recorded in a defined period, and (b) in the same period how many people were given an endorsement which brought them up to 12 or more active points but were not disqualified. The DVLA computer system may not be configured to be able to extract that information easily though, in which case the only way to arrive at an accurate number would be to survey a representative sample of magistrates courts. But that would be hard work, and it might not give Brake the number they want to support their campaign.
  • Aretnap
    Aretnap Posts: 6,071 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    red_eye wrote: »
    Same thing? you cant drive until you retake your practical
    Not the same thing. As the others have mentioned a ban is for a fixed length of time, while revocation applies only until you reapply for your licence - and then you're back to a provisional until you pass your test.

    There's another important difference between being banned and having your licence revoked though. You can't go to prison for driving without a licence, which is what you'd be doing if it had been revoked. You can get up to six months for driving while banned.
  • Sgt_Pepper_2
    Sgt_Pepper_2 Posts: 3,644 Forumite
    Aretnap wrote: »
    Not the same thing. As the others have mentioned a ban is for a fixed length of time, while revocation applies only until you reapply for your licence - and then you're back to a provisional until you pass your test.

    There's another important difference between being banned and having your licence revoked though. You can't go to prison for driving without a licence, which is what you'd be doing if it had been revoked. You can get up to six months for driving while banned.

    You'd also be driving without a licence if banned. You are actually disqualified from holding or obtaining a licence. You are never banned from driving.
  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    along similar lines, most insurers have a clause something like "drivers must hold or have held and not be disqualified from holding...." so banned equals no insurance, revoked doesn't
  • Rover_Driver
    Rover_Driver Posts: 1,522 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 22 August 2012 at 5:59PM
    Sgt_Pepper wrote: »
    You'd also be driving without a licence if banned. You are actually disqualified from holding or obtaining a licence. You are never banned from driving.

    You would be disqualified from holding or obtaining a licence, but if caught driving, the offence would be driving whilst disqualified - contrary to s.103 (1) (b), Road Traffic Act 1988. So in effect you would be banned from driving.
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