Does a provisional licence cancel out a foreign licence?
Does a provisional licence cancel out a foreign licence?
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Discussion

un1corn

Original Poster:

2,143 posts

166 months

Sunday 26th May 2019
quotequote all
I've spent hours and hours searching for an answer to no avail.

So, lets say I have an EU licence. I then apply for a british provisional, the same as any normal resident would. I get stopped by the Police driving alone, no l-plates, unsupervised etc. I produce my foreign licence, but also have a provisional.

Does the application of a provisional eliminate the ability to use the EU licence in this country anymore (hence making it illegal), until you then take and pass a british test? So when you apply for the provisional, it effectly deletes the EU licence for use on british roads?

I'm not sure why you would apply for a provvy, when you can exchange an EU licence for a british one anyway, but i've seen it a fair bit. Is there something that i'm missing here as to why someone would apply for a british provisional, rather than just exchange? Maybe for when they return home, they want to have their home country licence rather than a british one? I'm not sure.

I know a british licence would qualify you for cheaper insurance, so this would be grounds for the exchange, but still doesnt explain my previous point about applying for the provisional.


I'm aware that none EU can apply for and drive on a provisional licence unsupervised and with no L plates for 12 months. (detailed here https://www.askthe.police.uk/content/Q417.htm )


SS2.

14,712 posts

267 months

Monday 27th May 2019
quotequote all
I don't think you are permitted to simultaneously hold both GB and Community driving licences.

NGee

2,953 posts

193 months

Monday 27th May 2019
quotequote all
SS2. said:
I don't think you are permitted to simultaneously hold both GB and Community driving licences.
That's because there is no such thing as a [European] Community driving licence.

In answer to the original question - No.

vrtrooper

220 posts

251 months

Monday 27th May 2019
quotequote all
If you have a EU licence, you can swop it, like for like, when you become resident.
If it's a non-EU licence, it depends what country issued it. Some are a one for one swops, if their test standards are similar to our.
The one's that are not one for one swops, you can drive on the foreign licence for up to six months, whilst holding a UK provisional, then the foreign entitlement ceases.

NGee

2,953 posts

193 months

Monday 27th May 2019
quotequote all
vrtrooper said:
If you have a EU licence, you can swop it, like for like, when you become resident.
If it's a non-EU licence, it depends what country issued it. Some are a one for one swops, if their test standards are similar to our.
The one's that are not one for one swops, you can drive on the foreign licence for up to twelve months, whilst holding a UK provisional, then the foreign entitlement ceases.
FTFY

slow_poke

1,855 posts

263 months

Monday 27th May 2019
quotequote all
But the British licence is an EU licence - still. It won't be until Brexit that it ceases to be an EU licence.

NGee

2,953 posts

193 months

Monday 27th May 2019
quotequote all
slow_poke said:
But the British licence is an EU licence - still. It won't be until Brexit that it ceases to be an EU licence.
It is not an EU licence - there is no such thing!

It is a British licence that can be used in other EU countries (plus 15 other 'agreed' countries).

Whether it will be the same after Brexit, no-one knows. Guess it depends on 'the deal' that may or may not be agreed.

Skellum

89 posts

96 months

Monday 27th May 2019
quotequote all
un1corn, if you're really looking for advice, do you actually hold a foreign licence an if so, which country?

hutchst

3,727 posts

125 months

Monday 27th May 2019
quotequote all
Why would that matter?

TwigtheWonderkid

49,081 posts

179 months

Monday 27th May 2019
quotequote all
vrtrooper said:
If you have a EU licence, you can swop it, like for like, when you become resident.
Providing you passed the test in that EU country. If you passed in Brazil and move to Portugal, you'd get a full Portuguese licence as a straight swap for your Brazilian one, with no test. But if you then came here, you couldn't swap your Portuguese licence for a UK one.


SS2.

14,712 posts

267 months

Monday 27th May 2019
quotequote all
NGee said:
It is not an EU licence - there is no such thing!
I think you're being overly pedantic.

It's clear that references to 'EU licences' (or community licences) in the context of this thread are intended to have the same meaning as that provided by the RTA 1988 - ie 'EU licence” means a document issued in respect of an EEA State other than the United Kingdom by an authority of that or another EEA State (including the United Kingdom) authorising the holder to drive a motor vehicle...

QuickQuack

2,815 posts

130 months

Monday 27th May 2019
quotequote all
NGee said:
slow_poke said:
But the British licence is an EU licence - still. It won't be until Brexit that it ceases to be an EU licence.
It is not an EU licence - there is no such thing!

It is a British licence that can be used in other EU countries (plus 15 other 'agreed' countries).

Whether it will be the same after Brexit, no-one knows. Guess it depends on 'the deal' that may or may not be agreed.
Yes, there bloody is. We all know the EU does not issue its own driving licences; it’s a shorthand for “a licence issued by a country which is a member of the EU” and given that it is being used in the context of describing the status of the British licence, it is a pretty obvious shorthand. Not only that, but have you never left the UK? Have you not seen how passports are described at airports and other borders as “EU passports”? Does the EU as an institution/organisation/state give out passports? No, it doesn’t and it never has, so why do we have the signs below at Heathrow? Because everyone knows that “EU passport” means “a passport insured by a country which is a member of the EU”; therefore it doesn’t take a genius to work out what the phrase “EU licence” is referring to.


NGee

2,953 posts

193 months

Monday 27th May 2019
quotequote all
QuickQuack said:
............... therefore it doesn’t take a genius to work out what the phrase “EU licence” is referring to.
Very true, but it doesn't alter the fact that there is no such thing as an actual "EU licence".

SS2.

14,712 posts

267 months

Monday 27th May 2019
quotequote all
Conveniently ignoring the fact that the very term 'EU licence' is defined by primary legislation.

Algarve

2,102 posts

110 months

Monday 27th May 2019
quotequote all
hutchst said:
Why would that matter?
Because he shouldn't be applying for a provisional if he has a regular licence from another EU country.

You could change your UK full one for a Portuguese full one, or vice versa. There doesn't appear to be any legitimate reason that I can see to apply for a UK provisional when you could swap your current one for a full UK licence.

un1corn

Original Poster:

2,143 posts

166 months

Monday 27th May 2019
quotequote all
Algarve said:
Because he shouldn't be applying for a provisional if he has a regular licence from another EU country.

You could change your UK full one for a Portuguese full one, or vice versa. There doesn't appear to be any legitimate reason that I can see to apply for a UK provisional when you could swap your current one for a full UK licence.
Unless, like i said, you send in your bulgarian licence and get a UK one back. And then you have no licence when you drive back to bulgaria.

Maybe, idk if it works like that

SS2.

14,712 posts

267 months

Monday 27th May 2019
quotequote all
un1corn said:
Unless, like i said, you send in your bulgarian licence and get a UK one back. And then you have no licence when you drive back to bulgaria...
You'd have a UK issued licence which would be recognised in Bulgaria because, for now at least, they're both EEA member states.

Algarve

2,102 posts

110 months

Monday 27th May 2019
quotequote all
un1corn said:
Unless, like i said, you send in your bulgarian licence and get a UK one back. And then you have no licence when you drive back to bulgaria.

Maybe, idk if it works like that
Why wouldn't you have a license? You'd have a UK one. You could then trade it for a Bulgarian one if you wanted.

QuickQuack

2,815 posts

130 months

Monday 27th May 2019
quotequote all
NGee said:
QuickQuack said:
............... therefore it doesn’t take a genius to work out what the phrase “EU licence” is referring to.
Very true, but it doesn't alter the fact that there is no such thing as an actual "EU licence".
You claiming that it doesn't exist doesn't change the fact that the concept of EU licence DOES exist, unless you are some sort of a higher power than the government and the parliament, and you have repealed or amended Road Traffic Act 1988 which, as SS2 has pointed out, goes so far to define what it is:

'EU licence” means a document issued in respect of an EEA State other than the United Kingdom by an authority of that or another EEA State (including the United Kingdom) authorising the holder to drive a motor vehicle...

It then proceeds to use the term EU licence over a hundred times such as in Part III para 88 where it says

Road Traffic Act 1988 said:
"a person may drive or cause or permit another person to drive a vehicle of any class at any time if—
(a)the driver has held—
(i)a licence under this Part of this Act to drive vehicles of that or a corresponding class, or
(ia) an EU licence to drive vehicles of that or a corresponding class".
Here's the relevant UK legislation, knock yourself out:
www.legislation.gov.uk/ukpga/1988/52/contents

Even the EU talks about "EU licences" and "non-EU licences" on its website.

https://europa.eu/youreurope/citizens/vehicles/dri...