Login | Register
SearchMy Stuff
My ProfileMy PreferencesMy Mates RSS Feed
1
3
Reply to Topic
Author Discussion

icetea

846 posts

11 months

[news] 
Friday 3rd August 2012 quote quote all
Why were you doing 83mph when you already had 10 points?

Roso

Original Poster:

157 posts

31 months

[news] 
Monday 6th August 2012 quote quote all
Small development for those who are interested: I called up DVLA, tired of waiting for the updated licence, and had a chat with the man. He confirmed that there is only TT99 and 0 points (6mth disqual) on the licence, and that insurance companies aren't meant to ask at all what led up to the TT99. He went further to say that even if the insurance company called DVLA to try and find out, there would be NO RECORD of the SP's or anything else that led to the ban, so you are not required to disclose any details. (of course then the insurers are perfectly entitled to decline your business)

...from the horses mouth.

I found that companies were declining me only because I'd listed everything, but I've sorted all my insurance now with only the TT99.


daz3210

5,000 posts

109 months

[news] 
Monday 6th August 2012 quote quote all
10 Pence Short said:
That's a really nice story, but Dangerous Driving attracts a mandatory 12 month disqualification and extended retest, so unless your friend had a really great set of special reasons for being given 6 points instead, his story is most likely a crock of ste.

HTH
Only just seen this post.

The info that I have given is as a result of carrying out the required inspections of licences for works insurance. So the crock of ste as you put it was written on his licence (I had a copy from before the ban).

I can confirm that it now simply says TT99.

Although as the OP has said insurers are not supposed to ask about prior convictions, how do you stand with a works policy if driving is supposedly part of your job, since as has been said to refuse could result in insurance refusal. You cannot dictate to your employer who they use for their vehicle insurance just to avoid the disclosure can you? Result of disclosure was actually only an increase of £500 on excess.

smartphone hater

792 posts

12 months

[news] 
Monday 6th August 2012 quote quote all
OP...Did you get a fine with the ban?

davepoth

19,927 posts

68 months

[news] 
Monday 6th August 2012 quote quote all
smartphone hater said:
OP...Did you get a fine with the ban?
That's the key. The Rehabilitation of Offenders Act has the period of rehabilitation for a driving ban as the length of the ban, but a fine is currently five years.
Advertisement

smartphone hater

792 posts

12 months

[news] 
Monday 6th August 2012 quote quote all
davepoth said:
That's the key. The Rehabilitation of Offenders Act has the period of rehabilitation for a driving ban as the length of the ban, but a fine is currently five years.
That's what I was thinking.

I'm also thinking something else but waiting to see if his previous points have gone when he gets his licence back.

Roso

Original Poster:

157 posts

31 months

[news] 
Tuesday 7th August 2012 quote quote all
smartphone hater said:
OP...Did you get a fine with the ban?
No; there were 3 points and a £60 fine associated with the final SP30, but there was no fine for the TT99.


Roso

Original Poster:

157 posts

31 months

[news] 
Tuesday 7th August 2012 quote quote all
smartphone hater said:
That's what I was thinking.

I'm also thinking something else but waiting to see if his previous points have gone when he gets his licence back.
So does that mean that insurance should be cheaper after 6 months? idea

smartphone hater

792 posts

12 months

[news] 
Tuesday 7th August 2012 quote quote all
Roso said:
So does that mean that insurance should be cheaper after 6 months? idea
As far as I know and as davepoth said, the Rehabilitation of Offenders Act has the period of rehabilitation for a driving ban as the length of the ban, but a fine is currently five years.

So as I understand it you shouldn't need to declare the ban at all.



daz3210

5,000 posts

109 months

[news] 
Tuesday 7th August 2012 quote quote all
smartphone hater said:
So as I understand it you shouldn't need to declare the ban at all.

But if the insurance ask the direct question have you had any convictions in the last five years, how should you answer?

Are you allowed to say none (and in effect lie)?

smartphone hater

792 posts

12 months

[news] 
Tuesday 7th August 2012 quote quote all
OP..I'm no expert & am happy to be proved wrong but as far as I know the guy you spoke to from DVLA is wrong, wouldn't be the first time. I believe the previous convictions do stay on your licence & although they can no longer be used for totting up purposes they should be declared for insurance for five years from the date of each individual offence.

I don't think licences are wiped clean & nothing changes the fact that you were given points & fines on previous occasions. The only difference is now you've been banned the previous points are spent in terms of totting up.

smartphone hater

792 posts

12 months

[news] 
Tuesday 7th August 2012 quote quote all
daz3210 said:
But if the insurance ask the direct question have you had any convictions in the last five years, how should you answer?

Are you allowed to say none (and in effect lie)?
Again I'm no expert, but isn't that exactly what he's doing with his previous convictions if, as he believes, his licence is wiped clean.

If , & it is a big if, I understand it correctly, due to the rehabilitation of offenders act he doesn't need to declare the ban but needs to declare the previous convictions. If he does declare the ban the insurance companies should not alter his premium because of it.


Edited by smartphone hater on Tuesday 7th August 11:03

daz3210

5,000 posts

109 months

[news] 
Tuesday 7th August 2012 quote quote all
smartphone hater said:
daz3210 said:
But if the insurance ask the direct question have you had any convictions in the last five years, how should you answer?

Are you allowed to say none (and in effect lie)?
Again I'm no expert, but isn't that exactly what he's doing with his previous convictions if, as he believes, his licence is wiped clean.

If , & it is a big if, I understand it correctly, due to the rehabilitation of offenders act he doesn't need to declare the ban but needs to declare the previous convictions. If he does declare the ban the insurance companies should not alter his premium because of it.


Edited by smartphone hater on Tuesday 7th August 11:03
But does a contractual term requiring disclosure usurp the Rehab laws?

RB Will

3,277 posts

109 months

[news] 
Tuesday 7th August 2012 quote quote all
Nice to see that all the points, fines and ban have had zero effect on the way the OP is intending to drive.

smartphone hater

792 posts

12 months

[news] 
Tuesday 7th August 2012 quote quote all
daz3210 said:
But does a contractual term requiring disclosure usurp the Rehab laws?
I'm still no expert but I don't believe so. If that was so insurance companies could ask about any speeding convictions over any period of time they liked & not just five years.

Edited. Actually I think they can ask but are not allowed to alter premiums for spent convictions.


Edited by smartphone hater on Tuesday 7th August 11:33

jagracer

6,736 posts

105 months

[news] 
Tuesday 7th August 2012 quote quote all
RB Will said:
Nice to see that all the points, fines and ban have had zero effect on the way the OP is intending to drive.
Exactly, and why are the points removed because you are banned? Does this mean he can now get done for speeding 3 more times before he loses his licence again?

smartphone hater

792 posts

12 months

[news] 
Tuesday 7th August 2012 quote quote all
jagracer said:
Does this mean he can now get done for speeding 3 more times before he loses his licence again?
Yes.

Edited. Actually no, it's four more times.

jagracer

6,736 posts

105 months

[news] 
Tuesday 7th August 2012 quote quote all
smartphone hater said:
jagracer said:
Does this mean he can now get done for speeding 3 more times before he loses his licence again?
Yes.

Edited. Actually no, it's four more times.
I meant four times but either way it's all a bit of a mockery isn't it.

smartphone hater

792 posts

12 months

[news] 
Tuesday 7th August 2012 quote quote all
jagracer said:
meant four times but either way it's all a bit of a mockery isn't it.
That's probably a discussion for another thread. smile

RB Will

3,277 posts

109 months

[news] 
Tuesday 7th August 2012 quote quote all
smartphone hater said:
jagracer said:
Does this mean he can now get done for speeding 3 more times before he loses his licence again?
Yes.

Edited. Actually no, it's four more times.
Suppose it depends how bad the speeding is?
1
3
Reply to Topic