Q about provisional driver+passengers and polish driving ban

Q about provisional driver+passengers and polish driving ban

Author
Discussion

MG0o

Original Poster:

96 posts

125 months

Thursday 4th September 2014
quotequote all
Hi,i have a work college who hails from poland,he had his polish driving lic taken from him a few yaers ago (he says speeding but it could be drink driving).
Anyway he now has a car which has just been mot'd and a uk provisional driving license. My question is essentially can he drive about with an over 21 3+year passenger who doesnt hold a uk license but a european rated one?(his pal is from latvia iirc...what was called transylvania before the maps were redrawn).

He says its all fine and legal but im not so sure as he is also picking up hitchhikers(hoping for tips or a little change as gratis etc) and i cant see how his insurance would cover passengers other than his 'instructor' should he have an accident.
He isnt staring up an minicab service or anything but i cant help but think this cant all be above board...anyway to boil it down is it legal for him to:- drive with someone who holds a full euro license for 3+years as opposed to the dvla saying uk licence.
Also do that driving with passengers known or unknown to him beyond the one up front with the euro license.
And finally for him to hold/drive with a provisional uk licence if he has been banned in poland? -he never uses the word banned but says it was taken from him which i assume is just the same thing it just doesnt sound as bad in conversations.

To add to this i know his car is legal as i know the garage who fixed it all up and got it through its mot,and also that he does have insurance as a provisional driver,tho i have never seen the wording of his policy.

Any clarification about this would be great as its really annoying the rest of us at work as we cant see this being legal but the gov website comes up empty on these specifics and we cant very well tell him what he can and cant do if we are not certain ourselves.
Cheers

(sorry for any typos,on my old phone to post this)

TooMany2cvs

29,008 posts

126 months

Thursday 4th September 2014
quotequote all
MG0o said:
Hi,i have a work college who ... has ... a uk provisional driving license. My question is essentially can he drive about with an over 21 3+year passenger who doesnt hold a uk license but a european rated one?
Yes.

MG0o said:
Also do that driving with passengers known or unknown to him beyond the one up front
He can give a lift to whoever he likes, providing he's driving supervised. If they contribute to expenses, that's fine. If they're paying more than expenses, that's hire and reward.

MG0o said:
(his pal is from latvia iirc...what was called transylvania before the maps were redrawn).
Latvia is nowhere near Transylvania, which is still extant and located exactly where it's always been.

MG0o said:
And finally for him to hold/drive with a provisional uk licence if he has been banned in poland?
Yes.

Edited by TooMany2cvs on Thursday 4th September 22:59

MG0o

Original Poster:

96 posts

125 months

Thursday 4th September 2014
quotequote all
Thank you for the responses to my questions glad that he isnt in any danger of getting into any trouble then!

I have no idea why i wrote latvia getting her places confused with another girl from work then but i do recall her saying that ...memory blank....used to be called transylvania but that could be something that her family does..i shall have to ask tomorrow.
Cheers, now i can put this work gossip politics to rest before the weekend.

[Edit...she is from romania,it finally came back to me..]

TooMany2cvs

29,008 posts

126 months

Friday 5th September 2014
quotequote all
MG0o said:
[Edit...she is from romania,it finally came back to me..]
Romania didn't "used to be called" Transylvania, any more than the UK "used to be called" Yorkshire.

scorcher

3,986 posts

234 months

Friday 5th September 2014
quotequote all
She's not one of the Cheeky Girls is she? They came from Transylvania.

t400ble

1,804 posts

121 months

Friday 5th September 2014
quotequote all
TooMany2cvs said:
Romania didn't "used to be called" Transylvania, any more than the UK "used to be called" Yorkshire.
laugh


MG0o

Original Poster:

96 posts

125 months

Friday 12th December 2014
quotequote all
Just for completeness, I figured I would add a followup event to the opening question i made in this thread, they guy went for his driving test and was reported to the local bib by the testing officer for driving alone to pick up his co-pilot.
10 miles down the road he got stopped and it turned out that the EU licence is not valid for mentoring a provisional driver it has to be a UK one.
He got a cab home,had to pay for car storage,then a letter a week or two later giving him 6 points on his provisional and a 600odd fine to pay + all the insurance hassle of points cancellation etc.

ging84

8,885 posts

146 months

Friday 12th December 2014
quotequote all
The original post was filled with so much drivel it's not surprising no one picked out the issue that a non uk license holder can't supervise a learner


allergictocheese

1,290 posts

113 months

Friday 12th December 2014
quotequote all
ging84 said:
The original post was filled with so much drivel it's not surprising no one picked out the issue that a non uk license holder can't supervise a learner
The issue was picked out (see ToomanyCV's post, above), even if the answer given doesn't match the result.

R0G

4,985 posts

155 months

Friday 12th December 2014
quotequote all
The Motor Vehicles (Driving Licences) Regulations 1999 para 17 sec 3 (b) Statutory Instrument No 2864 RTA 1988 Sec 87

Conditions attached to provisional licences
16.—(1) A provisional licence of any class is granted subject to the conditions prescribed in
relation to a licence of that class in the following paragraphs.
(2) Subject to the following paragraphs, the holder of a provisional licence shall not drive a
vehicle of a class which he is authorised to drive by virtue of that licence—
(a) otherwise than under the supervision of a qualified driver who is present with him in
or on the vehicle,
(13)
(c) “qualified driver” shall be interpreted in accordance with regulation 17.

Meaning of “qualified driver”
17.—(1) Subject to paragraph (2), a person is a qualified driver for the purposes of regulation
16 if he—
(a) is 21 years of age or over,
(b) holds a relevant licence,
(c) has the relevant driving experience, and
(2)
(b) “full licence” includes a full Northern Ireland licence and a Community licence;

R0G

4,985 posts

155 months

Friday 12th December 2014
quotequote all
https://www.gov.uk/government/uploads/system/uploa... see top of page 15
Learner drivers and provisional licence holders
Provisional licence conditions and restrictions (cars)
Learner drivers must be supervised. To supervise a learner driver you must be at least 21 and have a current full Great Britain (GB), Northern Ireland or European Union/European Economic Area (EU/EEA) driving licence, which you must have held for at least three years.

fulgurex

85 posts

114 months

Friday 12th December 2014
quotequote all
If he is from Transylvania why does he need a car? He should just turn into a vampire bat and fly anywhere. Of course a bigger restriction is that he can only go out during the hours of darkness

MG0o

Original Poster:

96 posts

125 months

Friday 12th December 2014
quotequote all
ging84 said:
The original post was filled with so much drivel it's not surprising no one picked out the issue that a non uk license holder can't supervise a learner
~This post is filled with so much pointless drivel that im surprised that anyone would fail to notice that its author isnt contributing to the the thread~

iandc

3,713 posts

206 months

Friday 12th December 2014
quotequote all
More interestingly is it a "he" or a "she" as the OP seems confused. Maybe vampires are multi gender?

MG0o

Original Poster:

96 posts

125 months

Friday 12th December 2014
quotequote all
He is Polish, and the girl he had as a 'co-driver' is from Romania (so she is the vamp).

I work with the guy so was curious about the legality of what he was doing, which was why I started this thread, and now that its been made clear in writing to him by police Scotland that her Romanian licence isn't good enough I figured I would come back and add it in case anyone else goes searching for the same question.

He has given up driving in the UK and sold his car, now that he has moved onto another job.

TooMany2cvs

29,008 posts

126 months

Friday 12th December 2014
quotequote all
Going back to the start...
TooMany2cvs said:
MG0o said:
And finally for him to hold/drive with a provisional uk licence if he has been banned in poland?
Yes.
See also the various Scottish drink-drive limit threads, for a lot of people who don't think bans should even apply across the whole UK, let alone between Poland and here...

MG0o

Original Poster:

96 posts

125 months

Friday 12th December 2014
quotequote all
TooMany2cvs said:
See also the various Scottish drink-drive limit threads, for a lot of people who don't think bans should even apply across the whole UK, let alone between Poland and here...
smile yeah living in Scotland all I have been hearing about is the new drink drive law,its even on the only programmed traffic sign in town... never mind the stormy weather just remember the new limit!

Doesnt affect me but I know alot of people it will, seems to be in place to catch morning after drivers.

R0G

4,985 posts

155 months

Friday 12th December 2014
quotequote all
MG0o said:
He is Polish, and the girl he had as a 'co-driver' is from Romania (so she is the vamp).

I work with the guy so was curious about the legality of what he was doing, which was why I started this thread, and now that its been made clear in writing to him by police Scotland that her Romanian licence isn't good enough
If a Romanian licence is an EU licence then the Scottish police are wrong 100% if the Polish person was on a UK provisional licence

TooMany2cvs

29,008 posts

126 months

Friday 12th December 2014
quotequote all
R0G said:
If a Romanian licence is an EU licence
Which, of course, it is.

Jim1556

1,771 posts

156 months

Friday 12th December 2014
quotequote all
TooMany2cvs said:
Romania didn't "used to be called" Transylvania, any more than the UK "used to be called" Yorkshire.
The UK wishes it was called Yorkshire! biggrin