Resit under New Drivers Traffic Act
Resit under New Drivers Traffic Act
Author
Discussion

1ntense

Original Poster:

154 posts

196 months

Wednesday 4th April 2012
quotequote all
I passed my test back in Feb 2010, got caught on my phone in Sept 2011 for which I got 3 points, then caught speeding in Jan 2012 which I got 5 points for when it went to court at the end of March 2012.

I thought it had passed the 2 years probational period as the points didnt go on until after the 2 years but got a letter today stating that I had to send my license to DVLA and resit my tests.

Have they made a mistake or does it go by the date that you commited the offence??

FeelingLucky

1,159 posts

185 months

Wednesday 4th April 2012
quotequote all
Read your post again.

I wonder if you're thinking the same as me?

neilbauer

2,467 posts

204 months

Wednesday 4th April 2012
quotequote all
I believe it is offences commited in a 2 year period.

1ntense

Original Poster:

154 posts

196 months

Wednesday 4th April 2012
quotequote all
FeelingLucky said:
Read your post again.

I wonder if you're thinking the same as me?
What are you thinking?


1ntense

Original Poster:

154 posts

196 months

Wednesday 4th April 2012
quotequote all
neilbauer said:
I believe it is offences commited in a 2 year period.
Its looking that way with the letter and all.

Suppose Im just hoping that its a mistake but I suppose thats unlikely frown

FeelingLucky

1,159 posts

185 months

Wednesday 4th April 2012
quotequote all
I'm thinking....

What where you doing to get 5 points for speeding?
Mobile phone whilst driving?
Why you couldn't work it out for yourself?

But mainly, I'm thinking........

This guy needs a retest more than most.biggrin

simoid

19,774 posts

179 months

Wednesday 4th April 2012
quotequote all
Definitely dates of offences.

What were you doing racking up 5 speeding points when even a minor transgression and a sneaky speed trap could take away your licence?

1ntense

Original Poster:

154 posts

196 months

Wednesday 4th April 2012
quotequote all
Oh well, suppose Ive only got myself to blame then.

Even though I felt I was safe to overtake at the speed I was overtaking at but thats another story for another day.

The phone was stupid and Ill never do that again.

Retest more than most, I cant agree with that statement when theres a multitude of people who cant seem to even drive at the speed limit (you would fail a driving test for doing this) I do hundreds of thousands of miles per year and see all sorts.

I consider myself a very safe driver, as I said the being on my phone to answer my boss's call was stupid and will not be doing that again.

All in all the law doesnt account for common sense and is black and white, I suppose thats just the way it is and one has to accept that.

Oh well, there goes my job :/

CommanderJameson

22,096 posts

247 months

Wednesday 4th April 2012
quotequote all
1ntense said:
Oh well, suppose Ive only got myself to blame then.

Even though I felt I was safe to overtake at the speed I was overtaking at but thats another story for another day.

The phone was stupid and Ill never do that again.

Retest more than most, I cant agree with that statement when theres a multitude of people who cant seem to even drive at the speed limit (you would fail a driving test for doing this) I do hundreds of thousands of miles per year and see all sorts.
Get a hands-free. Even bog-standard poverty-spec Fords come with Bluetooth these days.

When I'm driving on company time, I never take a chance with speed. Not once. If I'm going to get done for speeding, it'll be when I'm going somewhere I want to go; I'll be damned if it's while I'm at work!

Frustrating advice, I know. You may be able to cling on to your licence if you can show that extreme hardship is caused to someone other than you by its loss. PH legalbeagles may be able to advise better.

Hundreds of thousands of miles? What do you do for a living? 100,000 miles a year is 273 miles a day, every day. Hundreds (i.e. 200K or more) is 500+ miles a day.

anonymous-user

75 months

Wednesday 4th April 2012
quotequote all
1ntense said:
Oh well, suppose Ive only got myself to blame then.

Even though I felt I was safe to overtake at the speed I was overtaking at but thats another story for another day.

The phone was stupid and Ill never do that again.

Retest more than most, I cant agree with that statement when theres a multitude of people who cant seem to even drive at the speed limit (you would fail a driving test for doing this) I do hundreds of thousands of miles per year and see all sorts.

I consider myself a very safe driver, as I said the being on my phone to answer my boss's call was stupid and will not be doing that again.

All in all the law doesnt account for common sense and is black and white, I suppose thats just the way it is and one has to accept that.

Oh well, there goes my job :/
Hundreds of thousands of miles? What do you drive, the Starship Enterprise? I am sorry to be blunt, but you do not sound to me like a very safe driver. The law does account for common sense. Common sense says do not use your phone while driving. The law backs that up. Common sense indicates that we can not always be the best judges of our own abilities, or of what is safe and what is unsafe. You made an overtaking move which someone, presumably a police officer or human camera operator, has considered to be unsafe. A court has agreed, or at the least has agreed that you were speeding, and awarded you five points.

I suggest that you should treat all of this as a learning experience and resolve to be a better driver in future, and should not consider yourself hard done by. Common sense indicates that newly qualified drivers over estimate their abilities and are prone to errors, hence the two year system.

Almost all of us over estimate our driving abilities. Almost all of us are useless and borderline dangerous when we first obtain our licences. These statements are and were true of me, and if we are honest they are true of the majority of people.

Edited by anonymous-user on Wednesday 4th April 08:33

simoid

19,774 posts

179 months

Wednesday 4th April 2012
quotequote all
Breadvan72 said:
You made an overtaking move which someone, presumably a police officer or human camera operator, has considered to be unsafe.
Oh here we go, overtaking at over the speed limit is unsafe rolleyes

He could've been doing 60 on a 40 limit DC on a bright, dry day with miles of visibility!

PH... Assumption Matters.

aw51 121565

4,773 posts

254 months

Wednesday 4th April 2012
quotequote all
CommanderJameson said:
You may be able to cling on to your licence if you can show that extreme hardship is caused to someone other than you by its loss. PH legalbeagles may be able to advise better.
[/footnote]
It's an automatic revocation of his driving licence by the DVLA, not an appearance in court where hardship can be argued frown .

moreflaps

746 posts

176 months

Wednesday 4th April 2012
quotequote all
simoid said:
Breadvan72 said:
You made an overtaking move which someone, presumably a police officer or human camera operator, has considered to be unsafe.
Oh here we go, overtaking at over the speed limit is unsafe rolleyes

He could've been doing 60 on a 40 limit DC on a bright, dry day with miles of visibility!
That's not what the loaf said.

Cheers

Big Fluffy One

147 posts

239 months

Wednesday 4th April 2012
quotequote all
simoid said:
Breadvan72 said:
You made an overtaking move which someone, presumably a police officer or human camera operator, has considered to be unsafe.
Oh here we go, overtaking at over the speed limit is unsafe rolleyes

He could've been doing 60 on a 40 limit DC on a bright, dry day with miles of visibility!

PH... Assumption Matters.
And that is a typical PH reaction....

The point is (and I have knowledge of this as I have a son who is nearing the end of his first two years) that he has six points to play with and they should be treated like eggs.

After clocking up the first 3 points the OP should have driven like an 80 year old nun.

I feel desperately sorry for him that he's lost his licence, but in future it may cause him to engage his brain before the loud pedal.

CommanderJameson

22,096 posts

247 months

Wednesday 4th April 2012
quotequote all
aw51 121565 said:
CommanderJameson said:
You may be able to cling on to your licence if you can show that extreme hardship is caused to someone other than you by its loss. PH legalbeagles may be able to advise better.
It's an automatic revocation of his driving licence by the DVLA, not an appearance in court where hardship can be argued frown .
I did wonder if that was the case, and now I know. Cheers.

R0G

5,028 posts

176 months

Wednesday 4th April 2012
quotequote all
To the OP

If you are driving 1000s of miles then as a new driver it might well help you to take up one of the advanced driving courses - something to think about once you get your full licence back.....

daz3210

5,000 posts

261 months

Wednesday 4th April 2012
quotequote all
Should the court not have pointed out to th OP that the six points had been broken, hence he was effectively banned?

Was he committing an offence from the point he got those points, or is it not until the DVLA letter arrives?

Effectively, if he drives now, I guess that is driving other than in accordance with a licence is it?

Robb F

4,614 posts

192 months

Wednesday 4th April 2012
quotequote all
daz3210 said:
Should the court not have pointed out to th OP that the six points had been broken, hence he was effectively banned?

Was he committing an offence from the point he got those points, or is it not until the DVLA letter arrives?

Effectively, if he drives now, I guess that is driving other than in accordance with a licence is it?
Its not a ban. Your licence is revoked, meaning as soon as you retake the test you are free to carry on driving.

I don't know about the points ting though. Seems a bit harsh to make members of the public enforce their own punishment.

1ntense said:
Oh well, suppose Ive only got myself to blame then.

Even though I felt I was safe to overtake at the speed I was overtaking at but thats another story for another day.

The phone was stupid and Ill never do that again.

Retest more than most, I cant agree with that statement when theres a multitude of people who cant seem to even drive at the speed limit You mean like you? (you would fail a driving test for doing this) I do hundreds of thousands of miles per year and see all sorts. You would have to drive 274 miles a day, 7 days a week to do only just reach 100,000 miles! Or 384 miles every working day

I consider myself a very safe driver, as I said the being on my phone to answer my boss's call was stupid and will not be doing that again.

All in all the law doesnt account for common sense and is black and white, I suppose thats just the way it is and one has to accept that. Very true

Oh well, there goes my job :/ You knew you have 3 points already, how was this not expected...
Edited by Robb F on Wednesday 4th April 10:06

R0G

5,028 posts

176 months

Wednesday 4th April 2012
quotequote all
http://www.direct.gov.uk/en/Motoring/LearnerAndNew...
D1 form and another £50 plus test fees and any training costs - that aint gonna be cheap !!

daz3210

5,000 posts

261 months

Wednesday 4th April 2012
quotequote all
Robb F said:
Its not a ban. Your licence is revoked, meaning as soon as you retake the test you are free to carry on driving.

I don't know about the points ting though. Seems a bit harsh to make members of the public enforce their own punishment.
Thats why I said effectively.

Yes its not a ban in the true sense, but it prevents him from driving until he gets the test sorted, which is sort of the same.

But at what point is the licence revoked? Is it by gaining the points or receiving a letter?