Would I Need To Re-Sit Test ?

SHAFT

Joe_Horner wrote: »

I don't need to google it. It's a summary offence contrary to S.99(5) of the Road Traffic Act 1988 of failing to surrender a licence or counterpart.

The (maximum) penalty is defined in the Road Traffic Offenders Act 1988, schedule 2, as a fine of level 3 on the standard scale and no penalty points.

But when and how does someone commit it?

Buy you'll agree it's a strange that a summary only offence has a limit of prosecution of 36 months.

Joe_Horner

SHAFT wrote: »

Buy you'll agree it's a strange that a summary only offence has a limit of prosecution of 36 months.

Not really - why would that be strange? If that's what those making that law decided was appropriate then that's what it is.

Also not entirely sure why this is heading off on such a tangent, but that may just be me.

SHAFT

Joe_Horner wrote: »

Not really - why would that be strange? If that's what those making that law decided was appropriate then that's what it is.

Also not entirely sure why this is heading off on such a tangent, but that may just be me.

Because all other summary only offences are six months.

Joe_Horner

SHAFT wrote: »

Because all other summary only offences are six months.

Not all.

The Magistrates Courts Act 1980 S.6 imposes the general 6 month time limit, but also explicitly provides for exceptions where they're included in other legislation.


As far as road traffic offences go, the following list are all subject to S.6 of the Road Traffic Offenders Act 1988:

• driving after making a false declaration as to physical fitness (section 92(10));
• failing to notify Secretary of State of onset or deterioration of disability (section 94(3));
• driving after such a failure;
• driving after refusal of licence under section 92 or 93 (section 94A);
• failure to surrender licence following revocation (section 99);
• obtaining driving licence, or driving, whilst disqualified (section 103(1));
• using an uninsured motor vehicle (section 143);
• making a false statement to obtain a driving licence or certificate of insurance (section 174);
• issuing false documents (section 175).

S.6 provides that an information must be laid within "six months from the date on which evidence sufficient in the opinion of the prosecutor to warrant the proceedings came to his knowledge." rather than within 6 months of the offence, but qualifies that with an absolute time limit of 3 years from the offence.

That's entirely reasonable and sensible seeing as it's often not going to be immediately apparent that (for example) someone made a false statement to obtain insurance or a licence, or lied about their health. If there was a strict 6 month cut-off the vast majority of people doing so would be immune from prosecution.

There's still a 6 month limit from when the offence comes to light but extra time is allowed for that to happen.

For whatever reason, those writing the law decided that failure to surrender a licence should be included in that group.

venomx

Not looking to drive yet as i'm unemployed.
I haven't driven in 7 years and am now on antipsychotics and beta blockers.


What would be the course of action if i wanted to get back into it ?


No points or convictions, however I lost my physical license card a long time ago.

Mutton_Geoff

venomx wrote: »

Not looking to drive yet as i'm unemployed.
I haven't driven in 7 years and am now on antipsychotics and beta blockers.


What would be the course of action if i wanted to get back into it ?


No points or convictions, however I lost my physical license card a long time ago.

Tell the DVLA you lost your licence and get a replacement. In the meantime book up some lessons to build confidence back up.

Ensure the DVLA are aware of any condition that may affect your ability to drive. And the insurer once you start driving again.

AdrianC

You need to speak to your doctor, because your precise prescription may be relevant.

You'll need to get a replacement for your lost licence.
https://www.gov.uk/apply-online-to-replace-a-driving-licence

elsien

If you still have a consultant psychiatrist, the starting point would be to discuss it with them first. It's not just the medication but also your diagnosis and the impact it is having on you at the point you apply.

https://www.mind.org.uk/information-support/legal-rights/fitness-to-drive/#.XZMEXhTTXv4

sevenhills

venomx wrote: »

Not looking to drive yet as i'm unemployed.
I haven't driven in 7 years and am now on antipsychotics and beta blockers.

Even if you had a no claims bonus back then, it will now have expired.

venomx

elsien wrote: »

If you still have a consultant psychiatrist, the starting point would be to discuss it with them first. It's not just the medication but also your diagnosis and the impact it is having on you at the point you apply.

https://www.mind.org.uk/information-support/legal-rights/fitness-to-drive/#.XZMEXhTTXv4

Thanks for that, yes I do have a psychiatrist