6 Points in First 2 Years

Author
Discussion

Martin43

Original Poster:

69 posts

179 months

Wednesday 27th April 2016
quotequote all
Afternoon all,

My stepson has just told me that he's been caught speeding again, making this his second time in around 18 months.

Unfortunately, he didn't learn his lesson from first time round and now has no one to blame but himself. I've saved the lectures as the punishment coming his way will far outweigh anything I can say.

However, I'm a but confused surrounding the new driver law and hope someone may be able to clear it up for me.

He is now facing having his licensed revoked but at what point does this happen. Most websites state that it is automatic but from what point?

Do the DVLA send him a letter asking him to surrender it from a certain date?

Many thanks in advance for any guidance.

Martin

Rangeroverover

1,523 posts

111 months

Wednesday 27th April 2016
quotequote all
Happened to my son, already had points (stand up wheelie past the kebab shop, spotted by a traffic car). 3 points for due care and attention. I wanted to argue it took huge care and attention to manage a 75m stand up wheelie on a moped.

After he took his car test he was done for a bald tyre. Went to local mags court, licence revoked there and then re test was done three weeks later and he was back on the road

Martin43

Original Poster:

69 posts

179 months

Wednesday 27th April 2016
quotequote all
I fear it may take longer than that for my stepson.

He has to reapply to the DVLA for his licence again, book and sit his theory test then book and pass the practical part.

I reckon best part of 6 weeks minimum.

Soov535

35,829 posts

271 months

Wednesday 27th April 2016
quotequote all
Rangeroverover said:
stand up wheelie past the kebab shop............

..........done for a bald tyre
Do me a favour and keep him away from my manor would you. He sounds like a fackin liability.

hehe


Rangeroverover

1,523 posts

111 months

Wednesday 27th April 2016
quotequote all
happily he has grown up a bit since then and is a model citizen now.........I think

BoRED S2upid

19,683 posts

240 months

Wednesday 27th April 2016
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Soov535 said:
Rangeroverover said:
stand up wheelie past the kebab shop............

..........done for a bald tyre
Do me a favour and keep him away from my manor would you. He sounds like a fackin liability.

hehe
They don't have kebab shops where you live do they? All waitrose and pretty little inns wink

surveyor_101

5,069 posts

179 months

Wednesday 27th April 2016
quotequote all
He will have to go to court and get busted down to provisional licence again.

Harsh the police did not go for VDRS but maybe he failed the attitude test, who knows

Then you reapply for theory etc and take his test and he is back drivign around racing slicks 5 points to play with for 2 years I assume.

Aretnap

1,650 posts

151 months

Wednesday 27th April 2016
quotequote all
He won't necessarily have to go to court - it's quite possible for him to be given a fixed penalty in the usual manner. The revocation is not a sentence imposed by the court - it's an administrative process carried out by the DVLA, independently of the court.

When he hands his licence in for endorsement (whether for fixed penalty or when he goes to court - and whatever the modern electronic equivalent of endorsement is called) the person doing the endorsing will send the licence to the DVLA rather than returning it to him. Once the DVLA receive it, they'll write to him to let him know that it will be revoked, and the date on which the revocation will take effect. He can continue to drive up until that date, and then apply for a new provisional immediately.

over_the_hill

3,186 posts

246 months

Wednesday 27th April 2016
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The insurance quote is likely to be interesting.

anonymous-user

54 months

Wednesday 27th April 2016
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over_the_hill said:
The insurance quote is likely to be interesting.
Why, 6 points only, no ban.

Happened to my friend, once on the phone, once speeding, was back on the road within 8-10 weeks.

agtlaw

6,702 posts

206 months

Wednesday 27th April 2016
quotequote all
surveyor_101 said:
He will have to go to court and get busted down to provisional licence again.

Harsh the police did not go for VDRS but maybe he failed the attitude test, who knows

Then you reapply for theory etc and take his test and he is back drivign around racing slicks 5 points to play with for 2 years I assume.
Incorrect. It's the DVLA that revokes the licence. Nothing to do with the court. It's done by letter. DVLA writes to driver. Along these lines - We've been notified that your licence is to be endorsed with 6 points... New Driver Act... 7 days from the date of this letter, your licence will be revoked. You should apply for a provisional licence...

N.b. If he's banned for the new offence then the licence won't be revoked.

agtlaw

6,702 posts

206 months

Wednesday 27th April 2016
quotequote all
Aretnap said:
He won't necessarily have to go to court - it's quite possible for him to be given a fixed penalty in the usual manner. The revocation is not a sentence imposed by the court - it's an administrative process carried out by the DVLA, independently of the court.

When he hands his licence in for endorsement (whether for fixed penalty or when he goes to court - and whatever the modern electronic equivalent of endorsement is called) the person doing the endorsing will send the licence to the DVLA rather than returning it to him. Once the DVLA receive it, they'll write to him to let him know that it will be revoked, and the date on which the revocation will take effect. He can continue to drive up until that date, and then apply for a new provisional immediately.
Do people still hand in physical licences? I've not seen that happen for a while now.

Edited by agtlaw on Thursday 28th April 06:00

Rangeroverover

1,523 posts

111 months

Wednesday 27th April 2016
quotequote all
BoRED S2upid said:
They don't have kebab shops where you live do they? All waitrose and pretty little inns wink
That was when I lived in the badlands, that well known ghetto that is Sherborne

SS2.

14,461 posts

238 months

Wednesday 27th April 2016
quotequote all
surveyor_101 said:
He will have to go to court and get busted down to provisional licence again.
No he won't - revocation under the New Driver legislation is handled by the DVLA, not the courts.

Ki3r

7,814 posts

159 months

Wednesday 27th April 2016
quotequote all
surveyor_101 said:
He will have to go to court and get busted down to provisional licence again.

Harsh the police did not go for VDRS but maybe he failed the attitude test, who knows

Then you reapply for theory etc and take his test and he is back drivign around racing slicks 5 points to play with for 2 years I assume.
I'm 99% sure you can't give a vdrs for a tyre offence (or anything that carries points?). It's more for slight defects (lights and stuff like that).

Courts don't get involved. If he hasn't handed his licence to the police at the roadside, once he takes it to the station they will send it off to the dvla who will then revoke it. He is ok to drive until he hears from the dvla that it has been revoked.

Al U

2,312 posts

131 months

Wednesday 27th April 2016
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I am foolish enough to know about this, albeit a bit older now and slightly more sensible.

When I got the 3 points that took me up to 6 in the first 2 years, I took the offence to court and lost. I was allowed to leave the court with my licence intact. Then about 2 months later, a letter just dropped through the letter box saying from "insert date here" which was about a week in the future, your licence is revoked. When they say revoked they do mean totally gone as well, you need to get a new provisional and are fully back to square one.

So I got the form for the new provisional, sent it off the day my license was revoked, booked a theory test the day I received the new provisional, booked my practical test the day I passed the theory test and had my license back again in about 2 and a half months IIRC.

It is worth nothing that I took a few driving lessons again to learn how to drive to "test" standard again. The first practical retest I took I was failed for going round a corner at 30mph in a 30mph zone that the examiner felt was too fast for 30mph. My driving instructor had suggested that it was very rare for people to pass their first practical retest as the examiner can see from the paper form of the licence that you have gained 6 points and this makes them be stricter than usual. Anyway I booked another practical test and passed that one.

Edited by Al U on Wednesday 27th April 16:57

Cat

3,019 posts

269 months

Thursday 28th April 2016
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Ki3r said:
I'm 99% sure you can't give a vdrs for a tyre offence (or anything that carries points?). It's more for slight defects (lights and stuff like that).
VDRN's can be issued for offences which carry points, including defective tyres.

The main criteria for using the VDR scheme is that fault should be something covered by the MOT as it is an MOT station that must endorse the paperwork confirming the defect has been repaired. This means, for example, that the VDRS shouldn't be used for illegal tints as this is not covered in the MOT.

The scheme only applies to cars, motorcycles, goods vehicles not exceeding 3500kg GVW and trailers towed by any of them.

Cat

AH33

2,066 posts

135 months

Thursday 28th April 2016
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This happened to me years ago. 130+ on the motorway for 7 miles, 9 points - first 2 years of driving.

Except the DVLA didnt send me anything about revocation so ended up driving for the next 6 years until I was finally stopped, had the licence checked and lo and behold - it was revoked. Thanks DVLA. biggrin

At least the court saw it my way and I ended up with 3 points, no ban, no fine, no costs and retook my test (s) within 2 months.

ging84

8,885 posts

146 months

Thursday 28th April 2016
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Slight thread jack here

But is it possible for someone at the dvla to fail to notice the 6 points are within the first 2 years and simply not revoke the license?
What would happen if such an error was picked up later on outside the 2 year period ?


zarjaz1991

3,480 posts

123 months

Thursday 28th April 2016
quotequote all
ging84 said:
Slight thread jack here

But is it possible for someone at the dvla to fail to notice the 6 points are within the first 2 years and simply not revoke the license?
What would happen if such an error was picked up later on outside the 2 year period ?
I think the poster above you has just answered that.