Speeding within first 2years
Speeding within first 2years
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Discussion

JimmyConwayNW

Original Poster:

3,658 posts

156 months

Sunday 30th March 2014
quotequote all
19yr old kid valeter that works with us has been stopped for speeding at 96mph.

He has had his license approx 15/18months.

He previously has 6points put on his license from before he passed his driving test for driving a car otherwise in accordance and no insurance. They are maximum 20months in on the license.

Is he getting a ban or a re test ?

His latest offence should carry 3 points but with his other points already being there how will it work?

Yes he is a ball bag..... biggrin


ben5732

763 posts

187 months

Sunday 30th March 2014
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96 mph means he will most likely faces a ban.

kiethton

14,668 posts

211 months

Sunday 30th March 2014
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96 is court

IIRC it's unlikely to be an out and out ban but given the history wouldn't be surprised if they issue 6 points = 6 month totting up ban and the re-take of test as driving under 2 years.

TBH the guy sounds like a liability.

agtlaw

7,433 posts

237 months

Sunday 30th March 2014
quotequote all
JimmyConwayNW said:
19yr old kid valeter that works with us has been stopped for speeding at 96mph.
In what limit?

ikarl

4,082 posts

230 months

Sunday 30th March 2014
quotequote all
96 in a 70 can be a cofp for 3 points.

Talking from experience.

Welshbeef

49,633 posts

229 months

Sunday 30th March 2014
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Call me old fashioned but he seems the type that a ban might actually do him some good - I hope he doesn't have an accident or injure someone with this type of idiotic driving.




Type R Tom

4,338 posts

180 months

Sunday 30th March 2014
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Could he get away with it as he'd presumably lose his job? I would imagine a valter who can't move a car wouldn't be of much use?

TooMany2cvs

29,008 posts

157 months

Sunday 30th March 2014
quotequote all
Given that he's <2yr on his licence, then the 6 + 3 will take him past his totting-up total, so a court date is a given, even if they might otherwise have given him a fixed penalty for 96 in a 70 - and that'd be far from certain. And it's not a ban, it's licence revoked - which means he's got to resit the test.

He's a valeter - does he have to have a licence for work? If so, he _could_ beg and plead on that basis, but...

Starfighter

5,352 posts

209 months

Sunday 30th March 2014
quotequote all
If he gets 6 points then DVLA will revoke his licence anyway. I don't think you can plead exceptional hardship with DVLA.

A short ban (30 days) may be a better option for him.

Aretnap

1,984 posts

182 months

Sunday 30th March 2014
quotequote all
TooMany2cvs said:
Given that he's <2yr on his licence, then the 6 + 3 will take him past his totting-up total, so a court date is a given, even if they might otherwise have given him a fixed penalty for 96 in a 70 - and that'd be far from certain. And it's not a ban, it's licence revoked - which means he's got to resit the test.

He's a valeter - does he have to have a licence for work? If so, he _could_ beg and plead on that basis, but...
It's not a totting up total, so there's no reason in principle why he couldn't be given a fixed penalty, except that it would not normally be offered for 96mph.

The DVLA will revoke his licence if/when he gets an endorsement within his first two years of holding a full licence which takes his active total to more than 6 - whether that endorsement comes via a court hearing or via a fixed penalty. If he gets points the revocation is done automatically, and can't be waived on the grounds that it would cause him hardship.

Only way to avoid having to resit his test would be to decline any offer of a fixed penalty, go to court and ask the magistrates to impose a short ban instead of points. They have specific guidance not to do this in order to subvert the provisions of the New Drivers Act, but there are some who are willing to do it anyway if they hear a god enough reason. Given that he was a long way over the limit and has previous for driving otherwise than in accordance, he'd probably need to find a very sympathetic bench.

Whatever the outcome, as a new driver with squillions of points and/or a ban on his record, his next insurance quote is not going to be a pretty sight.



grumpyscot

1,293 posts

223 months

Sunday 30th March 2014
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Aretnap said:
Whatever the outcome, as a new driver with squillions of points and/or a ban on his record, his next insurance quote is not going to be a pretty sight.
For both business (i.e. his employers) and personal!

JimmyConwayNW

Original Poster:

3,658 posts

156 months

Sunday 30th March 2014
quotequote all
It's his own doing and whatever happens happens was more just interested to know his outcome and that we will be looking for new staff.

ging84

9,548 posts

177 months

Sunday 30th March 2014
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i love how everyone judges without knowing any of the circumstances

someone got 6 points a learner and now was done for 96 must be a liability

i don't think i know many people who were not at least occasionally pushing for that sort of speed on the motorway if their car could reach it when they first got their license.

Mk3Spitfire

2,921 posts

159 months

Sunday 30th March 2014
quotequote all
ging84 said:
i love how everyone judges without knowing any of the circumstances

someone got 6 points a learner and now was done for 96 must be a liability

i don't think i know many people who were not at least occasionally pushing for that sort of speed on the motorway if their car could reach it when they first got their license.
That doesn't make it right though. Is someone who has only just learned to drive capable at safely driving at those speeds? Things happen a lot quicker at a hundred miles an hour, and inexperienced drivers are not always able to cope with them.

anonymous-user

85 months

Sunday 30th March 2014
quotequote all
ging84 said:
i love how everyone judges without knowing any of the circumstances

someone got 6 points a learner and now was done for 96 must be a liability

i don't think i know many people who were not at least occasionally pushing for that sort of speed on the motorway if their car could reach it when they first got their license.
Personally looking at the record from the OP I don't think he's fit or matur enough to even hold a licence a few trips & inconvenience 'on the buses' may help him grow up a bit.


jayemm89

4,475 posts

161 months

Sunday 30th March 2014
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I was under the impression in the first six months you only were allowed 6 points anyway, so the fact he even has a licence is somewhat miraculous.

I would expect him to get banned, 96mph in the real world was probably over 100 on the speedo and that's well beyond what you do without realising. I do like to champion the cause of the hard-done-by-young-lad-who-loves-cars but given his previous I'm not sure I would give him the benefit of the doubt...

TooMany2cvs

29,008 posts

157 months

Sunday 30th March 2014
quotequote all
jayemm89 said:
I was under the impression in the first six months you only were allowed 6 points anyway, so the fact he even has a licence is somewhat miraculous.
Two years, and the penalty is that you have to resit your test.

When you've not actually taken the test in the first place, that's a moot point...

JimmyConwayNW

Original Poster:

3,658 posts

156 months

Sunday 30th March 2014
quotequote all
That was the issue.

His 6points were before he even had a license so does this mean he gets 3 now?

He thinks police officer may just be trying to st him up and won't send off the paperwork.

Seeing as he has the other half of the stop form I think otherwise.

Mk3Spitfire

2,921 posts

159 months

Sunday 30th March 2014
quotequote all
96 in a 70?
I don't think hell jut be trying to st him up. I'd tell him to think about investing in a bicycle.

SS2.

14,712 posts

269 months

Monday 31st March 2014
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JimmyConwayNW said:
That was the issue.

His 6points were before he even had a license so does this mean he gets 3 now?
The original 6 points would have been added to his full licence when he passed his test and would remain 'active' for three years from the date of offence. The New Driver's revocation rules wouldn't have applied at that point because the points were acquired before he passed his first test.

However, the addition of any further points which took his total number of active points to 6 or more within two years of that test would trigger the legislation and render his licence liable for revocation.