Provisional licence with points

Sgt_Pepper_2

Rover_Driver wrote: »

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.

Have a read of the charge.;)

Rover_Driver

If you are disqualified from holding or obtaining a licence you cannot drive a motor vehicle on a road either, (s.103 (1)(b) as above).
Although the wording of the charge may not be 'driving whilst disqualified', you are still effectively banned because you are not allowed to drive a motor vehicle on a road whilst disqualified.

Sgt_Pepper_2

Rover_Driver wrote: »

If you are disqualified from holding or obtaining a licence you cannot drive a motor vehicle on a road either, (s.103 (1)(b) as above).
Although the wording of the charge may not be 'driving whilst disqualified', you are still effectively banned because you are not allowed to drive a motor vehicle on a road whilst disqualified.

I know, which is what I said. You are effectively driving without a licence.

Rover_Driver

You would effectively be driving without a licence and whilst disqualified, so two offences.

Sgt_Pepper_2

Rover_Driver wrote: »

You would effectively be driving without a licence and whilst disqualified, so two offences.

Except the offence of no licence no longer exists.

Rover_Driver

Sgt_Pepper wrote: »

Except the offence of no licence no longer exists.

It's now 'driving otherwise than in accordance with a licence', but as the penalty for driving whilst disqualified is higher, it appears to be the more serious offence.

Sgt_Pepper_2

Rover_Driver wrote: »

It's now 'driving otherwise than in accordance with a licence', but as the penalty for driving whilst disqualified is higher, it appears to be the more serious offence.

You're giving google some stick tonight.

Rover_Driver

Local knowledge.

Sgt_Pepper_2

Rover_Driver wrote: »

Local knowledge.

May we ask from where?

Rover_Driver

Interest in the Road Traffic Act 1988, Road Traffic Offenders Act 1988, and posts in other forums about the incorrect of charging motorists with 'driving otherwise than in accordance with a licence' rather than a specific offence. For example: failing to renew a photo licence, which is contrary to s.99 (5) RTA 1988 - I have read of some who have have been wrongly told that because their photo had expired, their licence was not valid and they were convicted of DOIA - which is wrong.