Provisional driver with 6 points - waiting until points expired to take test?

honeybee1234

Hi all 

Trying to find something out. I've looked on the Gov website but wanted to clarify something: 
https://www.gov.uk/penalty-points-endorsements/new-drivers

A provisional licence holder gets an IN10 code on their licence, along with 6 points, removal date in 2024. 

If they wait until after the removal date, will they then be able to take the theory and practical test, and if they pass, there's no further implications? Obviously given they don't mount up another 6+ points within two years of passing?

I've been reading and rereading the Gov information and my brain is scrambled so if I've got it hugely wrong, I'm happy to be corrected! 

Car_54

They can take their tests now. No need to wait.

When they pass their test, the two-year probationary period begins. They can drive with six points, but if they get any more points during that period which take them over five, their licence will be revoked.

Also, the law applies only to the first test they pass. If they've already passed a motorbike test, the 2-year period starts from that date.

BTW this will all be academic if they can't get insurance! The companies usually ask for any convictions in the last five years.

Aretnap

Under the New Drivers Act, revocation is only triggered if you get points *within 2 years of passing your test* and those points bring your current total to *6 or more*. (Current meaning acquired within 3 years of each other). 

So they can take their theory and practical tests whenever they like. If they have 6 "live" points at the time they pass it doesn't mean that their licence will be revoked immediately, rather it means that their licence will be revoked if they aquire any further points within the following 2 years (or before the IN10 expires for totting purposes, 3 years after the offence). There are no repercussions either way if they keep their nose clean after they pass.

Insurance might be expensive for a newly qualified driver with an IN10, of course. 

TooManyPoints

...rather it means that their licence will be revoked if they aquire any further points within the following 2 years (or before the IN10 expires for totting purposes, 3 years after the offence). 

I'm not sure if I'm reading this correctly but as I read it, you suggest that the threat of revocation exists for three years. Revocation only takes place if the driver accrues 6 or more points within two years of first passing a driving test. Any points gained before the test was passed count towards the total. His licence will be revoked by the DVLA and there is no appeal against this as it is an administrative process provided by the New Drivers' Act, not a judicial one undertaken by a court. A driver who has had his licence revoked can apply for a new one immediately he has notice of the revocation and can resume driving (but as a provisional licence holder) as soon as he has it.

Revocation is not a threat after that and normal "totting up" rules apply. This means 12 points within 3 years mean the driver faces a mandatory six month disqualification. But this period can be reduced or entirely avoided if he can convince a court that he or others will face "exceptional hardship" if he is banned. If he is banned he must apply for a new licence when his ban is over (provided the ban is for 56 days or more) but will not be required to take another test Unless the court orders it, which normally they will not). 

In both cases the dates of the offences are used to calculate the 2/3 year period.

honeybee1234

Thankyou to each of you. I'm not sure if I got confused after watching too many old episodes of Police Interceptors, but the person in question also thought the same so I'm not sure what happened there!

I've passed on everything that's been said and she's very confused but relieved. I appreciate all the input. 

Aretnap

TooManyPoints said:

...rather it means that their licence will be revoked if they aquire any further points within the following 2 years (or before the IN10 expires for totting purposes, 3 years after the offence). 

I'm not sure if I'm reading this correctly but as I read it, you suggest that the threat of revocation exists for three years. 

I think you've misread it. Possibly I could have phrased it more clearly.

I was referring to the fact that while points acquired before passing your test do carry forward for the purposes of revocation, they also expire three years after the offence in the same way that they do for a totting ban. Depending on the exact dates of the offence and the test, it's therefore possible that the IN10 points will expire during the two year period. In which case the threat of revocation for any endorseable offence whatsoever would only apply until the third anniversary of the IN10. After that if she wanted to get her licence revoked she would have to get another 6 points before the second anniversary of her test.

For example if the no insurance offence was on the 1st of January 2021 and she passed her test on the 1st of January 2023*, the effect would be that her licence would be revoked if she got any points at all in 2023, or 6 points in 2024.**

* I've assumed that she somehow finds a driving test centre that is open on New Year's Day
**I should probably look up what would happen if she got points for an offence committed ON 1st January 2024, but I can't be bothered. The simple solution is of course to drive like an angel, then she doesn't have to worry about the various permutations of how many points she gets when.  

TooManyPoints

Got it. I had misread it. Thanks for the explanation.