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Pleading guilty by post - Motor offence

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  • vaio
    vaio Posts: 12,287 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Aretnap wrote: »
    As for the OP's friend, one option open to the magistrates is to ban him from driving until he passes his test........

    really? how does one learn to drive if banned from driving?

    would an examiner examine someone banned from driving?
  • Aretnap
    Aretnap Posts: 5,858 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 9 December 2013 at 12:14AM
    vaio wrote: »
    really? how does one learn to drive if banned from driving?

    would an examiner examine someone banned from driving?
    Road Traffic Offenders Act s37(3) - if disqualified until a test is passed you can still get a provisional licence and drive in accordance with its terms. This is an exception to the disqualification so if you drive without a supervisor etc you're committing the offence of driving while disqualified, and that means you're in big trouble if you get caught.

    It can take the form of a ban of X weeks with a requirement that you pass your test afterwards, which means you can't drive at all for X weeks, and then only as a learner until you pass your test. Of it can have no initial period, which means you can drive as a learner immediately, or possibly as soon as you can get a new provisional - not sure on that point.

    It tends to be done in three types of cases - where the driver's competence is in question more than their respect for the law (elderly drivers who are no longer up to it etc), where someone is banned for a very long period and there's a need to be sure they remember how to drive before they get back behind the wheel, and young people who drive with no licence so the book can be well and truly thrown at them if they don't do things properly next time. Oh, and it's mandatory if you're convicted of dangerous driving.
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