Speeding offence

interstellaflyer

Guest101 wrote: »

That's why he got a 'final warning' in the shape of 3 points. It's to say, dont do it again or you'll get done.

Any driver doing 46 (and i doubt that was the top speed, just the speed caught at) in a 30, which is residential; is shocking. Particualrly an inexperienced driver.

I'm not defending his actions I'm just saying "people in glass houses" so many people on here willing to judge forgetting they were late teen/twenty something once.

Aretnap

"Losing your licence" is a hopelessly vague term, which only contributes to confusion between bans and revocations, and it would be better if people didn't use it. I've lost my licence many times. Usually it's turned up eventually, but once I couldn't find it anywhere and I had to send off to the DVLA for a replacement. He's not going to lose his licence like I did, but he is likely to have it revoked under the New Drivers Act. This is also very different in many ways from being banned from driving.

46 in a 30 would normally get him a fixed penalty, and there's no reason why he can't get one. In fact the New Drivers Act makes specific provision for what happens when a new driver on 3 or more points gets a fixed penalty. The situation is not analogous to that of a normal driver on 9 points who can't get a fixed penalty because of a totting ban. If he is offered a fixed penalty, accepting it would be the quickest, and probably most painless option.

If he's not offered a fixed penalty, or if he doesn't accept it, the matter will go to court. He can plead guilty by post if he wants to, and need not attend. Often this process ends up taking 6 months or more from the date of the offence, and if he wants to delay revocation of his licence for as long as possible then rejecting the fixed penalty would be the way to go. In court he could expect more than 3 points and a bigger fine than £60 though - money which might be better spent on more driving lessons and/or the inevitably higher insurance premiums when he starts driving again.

Either way, when the DVLA eventually notice that he has 6 or more points they'll write to him to inform him that his licence is being revoked. This does NOT happen immediately on having the points added to his licence - the DVLA will inform him of the date it takes effect, which must be after they send him the letter telling him about it. He can drive up until that date, apply for a new provisional immediately, and drive as normal as soon as he can arrange and pass his theory and practical tests.

Unlike a totting ban, revocation is an administrative process and once he reached 6 points neither the courts or the DVLA have any discretion not to impose the revocation, no matter how strong the mitigating circumstances or how much he needs his licence for work. The only way to avoid the revocation, other than being found not guilty of speeding, would be to go to court and ask the magistrates to impose a short ban instead of points - which would mean he could not drive for the duration of the ban, but could drive immediately it expired without having to retake his test. Courts have guidance NOT to do this in order to subvert the New Drivers Act, but there seem to be a few which either don't know this or are prepared to overlook it if they hear a strong enough case, so it does happen occasionally.

hamishcat

DaveF327 wrote: »

Depends on the paperwork he was given when he was stopped. Was he given a fixed penalty notice?

He wasn't given any paperwork. Just verbally told.

smashingyour...

hamishcat wrote: »

He wasn't given any paperwork. Just verbally told.

What county was he stopped in?

Many forces are removing the roadside issuing of fixed penalty notices.

Head-Out-Of-Sand

His licence will be revoked for 6 points- I passed my test 3 years ago so was very aware of this rule! The thought of getting back on the bus was enough to keep me on the straight and narrow!

Its a pain for you and there's the expense of taking the tests again, but perhaps this is exactly what he needs to make him take more responsibility about his driving. If, despite knowing he is subject to the new driver rules, he's been caught speeding twice in 6 months, perhaps he is not quite mature enough to be behind the wheel.

Pain in the backside and will probably make his insurance even more extortionate, but my advice would be to let him take the hit and spend his forthcoming bus journeys having a good think about his driving.

Better he gets this lesson now rather than, god forbid, if he had caused an accident and hurt or killed someone.

Guest101

interstellaflyer wrote: »

I'm not defending his actions I'm just saying "people in glass houses" so many people on here willing to judge forgetting they were late teen/twenty something once.

I'm twenty something (27) and have 3 young kids. There's absolutely no way i'd do 46 in a 30. Not going to pretend i stick to 29 on the dot (and legally doing 31 is the same as 46), but morally, just for the benefit and safety of others, its not right.

Yes everyone (perhaps with one or two exceptions) has exceeded the limit at some point or another. But if you're given basically one last chance, which is what he had, and even if you didnt care about other people (which may not be the case), surely you'd think of yourself. And if that still wasn't enough, then he should lose his licence.

I take on board that he may have been caught in a speed trap, from 50 down to 30, and if so then it's bad luck.

But i just can't fathom how reckless some people can be, when driving a weapon somewhere, where children may run out.

Guest101

smashingyour... wrote: »

What county was he stopped in?

Many forces are removing the roadside issuing of fixed penalty notices.

Can you cite that please, i dont believe that FPN have been removed at all.

Guest101

hamishcat wrote: »

He wasn't given any paperwork. Just verbally told.

That means he'll get a summons.

smashingyour...

Guest101 wrote: »

That means he'll get a summons.

Not necessarily.

hamishcat

smashingyour... wrote: »

What county was he stopped in?

Many forces are removing the roadside issuing of fixed penalty notices.

He was stopped in Powys but we live in Shropshire.