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Forced to renew Driving License?

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Comments

  • Wywth
    Wywth Posts: 5,079 Forumite
    mcfisco wrote: »
    You won't be fined for not renewing your licence as long as you don't drive, which is what the poster asked about.

    Maybe I misunderstood, but I thought the poster wanted to "retain the right to" drive?

    If so, the poster will need a valid driving licence with an up-to-date photo before getting behind the wheel of a car on a public highway ... or risk getting fined up to £1000 :)
  • londonTiger
    londonTiger Posts: 4,903 Forumite
    lol, it's only £20. If you can't pay it you really shouldn't be driving.
  • Aretnap
    Aretnap Posts: 5,898 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 17 June 2013 at 7:42PM
    mcfisco wrote: »
    You won't be fined for not renewing your licence as long as you don't drive, which is what the poster asked about.
    The offence is failure to surrender the licence when the photo card expires, not driving when the photo card has expired, so you can indeed be fined for not surrendering it, even if you don't drive. Whether you actually would is another matter.

    Added: Probably what I'd do would be to do nothing for now, then renew the photocard if/when I planned to return to the UK. It's not strictly legal, but the risk of prosecution is likely to be small. The alternatives are (a) just pay the £20 and be done with it or (b) return the licence with a note saying you no longer plan to use it, reapply if/when you actually need it, and hope the DVLA manage to remember that you've passed your test.
  • thenudeone
    thenudeone Posts: 4,462 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Wywth wrote: »
    Maybe I misunderstood, but I thought the poster wanted to "retain the right to" drive?

    If so, the poster will need a valid driving licence with an up-to-date photo before getting behind the wheel of a car on a public highway ... or risk getting fined up to £1000 :)

    Rubbish.

    There is a whole other thread about this but I'll summarise it for you.

    Your entitlement to drive normally lasts until you are 70.
    Road Traffic Act 1988 [s 99 (1) a)]
    http://www.legislation.gov.uk/ukpga/1988/52/section/99
    This remains the case regardless of whether your address, photo, name, or anything else is up to date or not, or whether you've lost your licence or any part of it.

    It is an offence to fail to surrender your licence for renewal when the photo expires, [s 99 (2A)] .. or when you change address [s 99 (4)], but those offences do not affect the entitlement to drive. Those offences are unconnected with driving. i.e. you can still be convicted of them even if you have not driven since the details became out of date, but they are rarely, if ever, prosecuted.
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  • lol, it's only £20. If you can't pay it you really shouldn't be driving.

    whats paying for renewal of photo card got to do with his ability to drive?
  • Iceweasel
    Iceweasel Posts: 4,887 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    And don't send them the same photo you used 10 years ago.

    It clearly says 'recent' - they'll just send it back.

    You can apply on line and use your passport photo if it's less than 5 years old - big brother has it on file.

    If you're over 70 renewing is FREE - hoorah.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Here's a simple solution, send them an empty envelope. Keep the proof of postage.

    You now have proof you have surrendered your licence. Your entitlement to drive remains. You do not need a photocard to drive, the police can do a dvla check if you are ever stopped.
  • Aretnap
    Aretnap Posts: 5,898 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Guest101 wrote: »
    Here's a simple solution, send them an empty envelope. Keep the proof of postage.

    You now have proof you have surrendered your licence.
    Except of course, you don't. You have proof that you sent an envelope. You only have proof that you surrendered your licence if (a) you decide that it's worth risking going to jail for the sake of £20 and commit perjury by claiming that it was your licence and (b) the magistrates decide that they believe you.

    Also, the licence is in force until it is surrendered. If you do surrender your licence and don't pay the £20 to renew it, you then have no licence, and you have no entitlement to drive. So you don't really want to prove that you surrendered if if you're caught driving.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Aretnap wrote: »
    Except of course, you don't. You have proof that you sent an envelope. You only have proof that you surrendered your licence if (a) you decide that it's worth risking going to jail for the sake of £20 and commit perjury by claiming that it was your licence and (b) the magistrates decide that they believe you.

    Also, the licence is in force until it is surrendered. If you do surrender your licence and don't pay the £20 to renew it, you then have no licence, and you have no entitlement to drive. So you don't really want to prove that you surrendered if if you're caught driving.

    Going to jail - cite the Act please, where by failing to update your licence is an offence punishable by time in prison.

    I was actually saying about sending it in to be updated, and being lost in the system at the DVLA, which happens all the time.

    Your entitlement to drive is always there, whether you have the photocard or not.

    Think you're a: wrong, and b: completely missed my point.
  • mttylad
    mttylad Posts: 1,520 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Guest101 wrote: »
    Here's a simple solution, send them an empty envelope. Keep the proof of postage.

    You now have proof you have surrendered your licence. Your entitlement to drive remains. You do not need a photocard to drive, the police can do a dvla check if you are ever stopped.

    Put a slit in the envelope..... :)
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