New driver (first 2 years) Points / Ban / Revoked Licence ?
Discussion
An acquaintance has been in court having crashed their car while above the drink drive limit. They are only a teenager and passed their test about 5 months ago and so are still well inside the probationary period. Apparently, the result of court is a pretty painful fine and a 9 month ban. And, they believe they do not have to re-apply for their licence and re-take their test.
I understood having your licence revoked and having to re-apply was mandatory for 6 points and above while in the probationary period ?
What do you all think? Have they misunderstood the court ruling ? Or is it possible that this is correct ?
I understood having your licence revoked and having to re-apply was mandatory for 6 points and above while in the probationary period ?
What do you all think? Have they misunderstood the court ruling ? Or is it possible that this is correct ?
They're not having their licence revoked for reaching 6 points. They're getting a ban for drink driving.
That's just a "normal" ban with no re-test required assuming that they're not classed as a high risk offender (and a 12 month ban reduced to 9 if they do the course suggests that their breath reading was at the lower end of the scale.
That's just a "normal" ban with no re-test required assuming that they're not classed as a high risk offender (and a 12 month ban reduced to 9 if they do the course suggests that their breath reading was at the lower end of the scale.
Hungrymc said:
An acquaintance has been in court having crashed their car while above the drink drive limit. They are only a teenager and passed their test about 5 months ago and so are still well inside the probationary period. Apparently, the result of court is a pretty painful fine and a 9 month ban. And, they believe they do not have to re-apply for their licence and re-take their test.
I understood having your licence revoked and having to re-apply was mandatory for 6 points and above while in the probationary period ?
What do you all think? Have they misunderstood the court ruling ? Or is it possible that this is correct ?
They'll have to apply for their licence back when their ban is up, but won't have to retake any tests. Just pay for it. I understood having your licence revoked and having to re-apply was mandatory for 6 points and above while in the probationary period ?
What do you all think? Have they misunderstood the court ruling ? Or is it possible that this is correct ?
Under the new driver act, 6 points or more in the first 2 years means that their license is revoked and they have to retake their Theory and also Driving Test. I presume this would be the case here, although I'm unsure how it works if banned, once again, I presume if banned, they can only apply for their Provisional back after the ban is up, but would still have to take the tests again.
https://www.legislation.gov.uk/ukpga/1995/13
https://www.legislation.gov.uk/ukpga/1995/13
Hungrymc said:
An acquaintance has been in court having crashed their car while above the drink drive limit. They are only a teenager and passed their test about 5 months ago and so are still well inside the probationary period. Apparently, the result of court is a pretty painful fine and a 9 month ban. And, they believe they do not have to re-apply for their licence and re-take their test.
I understood having your licence revoked and having to re-apply was mandatory for 6 points and above while in the probationary period ?
What do you all think? Have they misunderstood the court ruling ? Or is it possible that this is correct ?
I suspect this is actually a 12 month ban with a 25% reduction if he completes a specified drink driving course.I understood having your licence revoked and having to re-apply was mandatory for 6 points and above while in the probationary period ?
What do you all think? Have they misunderstood the court ruling ? Or is it possible that this is correct ?
You understand correctly but he didn't get points. He was disqualified from driving. His licence was also revoked, because the disqualification was longer than 56 days.
Unless the offence involves obligatory endorsement, the penalty points number 6 or more then no retest; see New Drivers Act 1995, section 2(1).
Edited by agtlaw on Tuesday 26th March 15:46
Cmakka23 said:
Under the new driver act, 6 points or more in the first 2 years means that their license is revoked and they have to retake their Theory and also Driving Test. I presume this would be the case here, although I'm unsure how it works if banned, once again, I presume if banned, they can only apply for their Provisional back after the ban is up, but would still have to take the tests again.
https://www.legislation.gov.uk/ukpga/1995/13
Wrong. They didn't get any points but a straight ban. They will just need to reapply for their licence with the DVLA (basically pay them to process it). https://www.legislation.gov.uk/ukpga/1995/13
davek_964 said:
So : if you get 6+ points in the first two years, you have to take your test again. But if you get an outright ban for drink driving in the same period - you don't.
Yep - that makes perfect sense to me! Who makes these laws up??????
If you get six points you'd problerly be back behind the wheel well before you got your licence back from a ban for nine months. Yep - that makes perfect sense to me! Who makes these laws up??????
davek_964 said:
So : if you get 6+ points in the first two years, you have to take your test again. But if you get an outright ban for drink driving in the same period - you don't.
Yep - that makes perfect sense to me! Who makes these laws up??????
I imagine as a new teenage driver with an accident to declare for 5 years and a DD conviction the insurance is going to be mind boggling if they can get insured at allYep - that makes perfect sense to me! Who makes these laws up??????
Thanks all for the comments. I didn’t fully understand the difference between the ban and the points but if makes sense how you have described it.
And yes, with regards to getting back on the road and getting insurance, there can’t be many teenagers with this record to have to declare… I really hope it’s lesson learned, but have to admit, I’m worried more bad decisions will be made.
And yes, with regards to getting back on the road and getting insurance, there can’t be many teenagers with this record to have to declare… I really hope it’s lesson learned, but have to admit, I’m worried more bad decisions will be made.
Jamescrs said:
I imagine as a new teenage driver with an accident to declare for 5 years and a DD conviction the insurance is going to be mind boggling if they can get insured at all
If he is stupid enough to drink drive, I doubt the ban or even having insurance is going to stop him from taking other road again.Punishments should be painfully harsh for people like that, and a slapped wrist isn’t it.
carreauchompeur said:
Saleen836 said:
With the waiting time for driving tests I doubt it 
Wow, is this still a thing?There doesn’t seem to be any problem here (Cambridge) now.
Hungrymc said:
119 said:
If he is stupid enough to drink drive, I doubt the ban or even having insurance is going to stop him from taking other road again.
This is a worry.You’d also be very unlucky to get caught the very first time you risked drink driving.
So how many times had he done it before?
Foss62 said:
carreauchompeur said:
Saleen836 said:
With the waiting time for driving tests I doubt it
Wow, is this still a thing?There doesn’t seem to be any problem here (Cambridge) now.
andrebar said:
Foss62 said:
carreauchompeur said:
Saleen836 said:
With the waiting time for driving tests I doubt it
Wow, is this still a thing?There doesn’t seem to be any problem here (Cambridge) now.
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