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Driving without due care and attention.

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Comments

  • gc1967
    gc1967 Posts: 26 Forumite
    A new driver of 17 years of age , how many points can they get before they recieve before a ban?
  • Rover_Driver
    Rover_Driver Posts: 1,519 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    When there is a change of registered keeper there can be a delay in the DVLA record being updated, so the first NIP is sent to the previous registered keeper. In that case the 14 day time limit may not apply - s.2,(3),(a), Road Traffic Offenders Act 1988.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    Mercdriver wrote: »
    I would look that up again DM.

    There is absolutely no bar to conviction for due care or careless if no accident has taken place. Besides one could interpret mounting a kerb as an incident. As someone else says the definition of careless is driving below the standard of a competent and safe driver.

    You're missing the point, a nip must be served within 14 days if there was no accident.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    gc1967 wrote: »
    A new driver of 17 years of age , how many points can they get before they recieve before a ban?

    12, the same as any other driver. However 6 would see his licence revoked.
  • bigadaj
    bigadaj Posts: 11,531 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper
    12, the same as any other driver. However 6 would see his licence revoked.

    Just had a lad at work have his licence revoked.

    Spent a few grand on a barrister, still got six points and licence revoked after smashing into parked cars in west London.

    A week later he'd passed his test again and was back out driving.

    A month after that had smashed through soem railings at a station and written off a brand new Mercedes parked up.

    Just got his new car, insurance is now £15k, but only a £500 excess, brave, or very stupid, insurance company.
  • worried_jim
    worried_jim Posts: 11,631 Forumite
    10,000 Posts Combo Breaker
    gc1967 wrote: »
    We bought him a 1.2 corsa as he never wanted to be labelled a boy racer.

    I have no words to add......
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    The car was purchased in February. The incident occurred in February. Sadly despite being asked the OP has declined to say what the date is on the V5.

    There is a very strong chance the incident overlapped with the DVLA updating their records in which case the 14 day rules does not apply.

    The person named on the NIP needs to complete the form and return it in any event.

    It may be better if the OP returns once the outcome of returning the forms is known i.e. Course, court, FPN etc for further advice on how to proceed.
  • Mr.Generous
    Mr.Generous Posts: 3,952 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    He hit the kerb and had to sit for 30 minutes he was so shaken up - is that not an accident? was it deliberate? A competent driver would have braked in a straight line and hit the animal, it was so small / so quick he couldn't tell what it was, by swerving like he did anything could have happened because he was not in control. If you are in control you dont hit the kerb and need to sit shaking for 30 mins. The camera evidence would be the proof of course. I presume they have it or else why the letter? Ask your son what the camera will show and that to make sure he doesn''t tell you or the police a story that can be very easily disproved.
    Mr Generous - Landlord for more than 10 years. Generous? - Possibly but sarcastic more likely.
  • AndyMc.....
    AndyMc..... Posts: 3,248 Forumite
    1,000 Posts Combo Breaker
    He hit the kerb and had to sit for 30 minutes he was so shaken up - is that not an accident? was it deliberate? A competent driver would have braked in a straight line and hit the animal, it was so small / so quick he couldn't tell what it was, by swerving like he did anything could have happened because he was not in control. If you are in control you dont hit the kerb and need to sit shaking for 30 mins. The camera evidence would be the proof of course. I presume they have it or else why the letter? Ask your son what the camera will show and that to make sure he doesn''t tell you or the police a story that can be very easily disproved.

    Without damage to property other than his car or injury to someone other than the driver of that car. No, it's not. (The animal could make it an accident if he struck it)
  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Fenton vs Thorley is the legal precedent for accident. It is so vague as to be almost useless.

    Essentially if there is damage or hurt, due to unintended or unexpected reasons, then it's an accident.

    No mention is made as to whether this includes your own property, oneself, passengers or anything.

    I think it boils down to did any damage occur and/or was anyone hurt? If the answer to either is yes then it was an accident.
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