UK License expired - simple question on section 88 - and can I drive on my Brazilian license?!

capetown1982

Thank you for the clarification about why my residence was important.  To clarify I am a UK citizen, I have a UK Address which I am fully registered as living at and where I will receive my replacement license.  For the purposes of this discussion I am UK resident to the DVLA, HMRC, Experian, MI5 ( ) etc etc as I have never informed anybody that spend the majority of my time outside the country.  Whether or not I should have done or not is I probably off topic for this discussion!  Thanks again for the help!

Rover_Driver

Driving with an expired photo is a different matter  to driving without a licence. Check your existing licence, 4a & 4b on the front show the dates for the photo validity, column 11 on the back shows the date the licence for the various groups is valid to.
If you are a UK resident, and hold a GB licence, your Brazil licence would not be valid.

Dr_Crypto

If you’re a UK Resident then you can use your foreign licence for up to 12 months, stating from when you became resident. If you never left that may be a problem but if you were stopped you could probably tell the PC that you live in Brazil and you’re on a visit. 
https://www.gov.uk/driving-nongb-licence

Rover_Driver

The OP has a valid GB licence, it's just that the photo has expired. A valid GB licence 'overides' a foreign one.

capetown1982

Thanks again for the answers.  To be honest perhaps the Brazilian driving license has been a bit of a "red herring" on this forum question.....Simplifying the question all I need to know is:-
I am a UK resident with a UK driving license.  I received my photo driving license in 2009 and it expired last year.  It is a clean license, I have no medical conditions and it did not expire because I am not 70 years old.  Therefore under section 88 once I have sent my license off and it has been received by the DVLA (for which I understand I receive no confirmation of receipt) can I legally drive - yes or no?
Many thanks!!

Rover_Driver

You can legally drive as your licence is still valid, failure to renew the photo is an administative matter and does not affect the validity of the licence. It is failing to update your licence - s.99, (2A) & (5), Road Traffic Act 1988.