Provisional License & 6 points - then full license?

[My Evil Twin]

My son has received a NIP for 51 in a 30 on his 125 bike, so band C offence and likely 6 points and a fine or a ban <56 days and a fine.

We are leaning taking the points, as from what we understand it should not result in the revocation of his license, its a provisional license not a newly passed driver.
He needs his bike to get to and from his apprentiship, and without it he would likly loose his job as no other way of getting there (OK 2+ hours on buses)


The question is should he continue to work towards passing his test and getting his full driving license or not?
From what we have read, if he were to pass his driving test he would not be banned as the 6 points occoured before passing the test, but thereafter any points earned would equal 6 or above and would result in revocation of license and needing to pass test and everything again.

Is this right?? or is it 6 additional points AFTER passing his test?
So passing his test then getting a low SP30 might result in 9 points on a new drivers license?

Thanks

[SS2.]

Revocation occurs when 6 or more points have been accumulated after the first test has been passed.

This means his full licence would start with 6 points and, assuming he passes within the next 12 months, he'd be walking a tightrope for two years thereafter.

[agtlaw]

My Evil Twin said:

From what we have read, if he were to pass his driving test he would not be banned as the 6 points occurred before passing the test, but thereafter any points earned would equal 6 or above and would result in revocation of licence and needing to pass test and everything again.

Correct.

[My Evil Twin]

SS2. said:

Revocation occurs when 6 or more points have been accumulated after the first test has been passed.

This means his full licence would start with 6 points and, assuming he passes within the next 12 months, he'd be walking a tightrope for two years thereafter.

Makes sense,

So his paths forward are,
Dont take test, continue on 125 on provisional license, avoid points, but a 3 pointer would not mean loss of license, 6 points = ban from riding the 125. How long would the ban be (guessing) <56 days or >3 months?.
or
Take/pass test, continue on 125 and use family car in icey weather, avoid points, ANY points after passing = revocation of full license. Does he keep his provisional to drive the 125?

Edited by My Evil Twin on Thursday 16th January 11:03

[MustangGT]

My Evil Twin said:

Makes sense,

So his paths forward are,
Dont take test, continue on 125 on provisional license, avoid points, but a 3 pointer would not mean loss of license, 6 points = ban from riding the 125. How long would the ban be (guessing) <56 days or >3 months?.
or
Take/pass test, continue on 125 and use family car in icey weather, avoid points, ANY points after passing = revocation of full license. Does he keep his provisional to drive the 125?

Edited by My Evil Twin on Thursday 16th January 11:03

Revocation is revocation, you only have one licence, this can be for multiple categories of vehicle. All would be covered if the licence is revoked.

[Austin Prefect]

MustangGT said:

My Evil Twin said:

Makes sense,

So his paths forward are,
Dont take test, continue on 125 on provisional license, avoid points, but a 3 pointer would not mean loss of license, 6 points = ban from riding the 125. How long would the ban be (guessing) <56 days or >3 months?.
or
Take/pass test, continue on 125 and use family car in icey weather, avoid points, ANY points after passing = revocation of full license. Does he keep his provisional to drive the 125?

Edited by My Evil Twin on Thursday 16th January 11:03

Revocation is revocation, you only have one licence, this can be for multiple categories of vehicle. All would be covered if the licence is revoked.

Revoked as in no licence any more or revoked as in reverting to provisional?

[Durzel]

Knocked back down to nothing, have to apply for new provisional licence.

Courts are advised not to circumvent the New Drivers part of the RTA, as in to dish out a ban where points would result in revocation. In the case of a provisional licence this wouldn't result in revocation, but Mags would probably think having points on his full licence - once passed - would be a bigger incentive to drive/ride properly than a discretionary ban would.

Any points accrued after he gets his full licence that leaves him on 6 points or more would trigger revocation, so any offence that awards points would result in that happening.

Edited by Durzel on Thursday 16th January 12:25

[Aretnap]

Austin Prefect said:

MustangGT said:

My Evil Twin said:

Makes sense,

So his paths forward are,
Dont take test, continue on 125 on provisional license, avoid points, but a 3 pointer would not mean loss of license, 6 points = ban from riding the 125. How long would the ban be (guessing) <56 days or >3 months?.
or
Take/pass test, continue on 125 and use family car in icey weather, avoid points, ANY points after passing = revocation of full license. Does he keep his provisional to drive the 125?

Edited by My Evil Twin on Thursday 16th January 11:03

Revocation is revocation, you only have one licence, this can be for multiple categories of vehicle. All would be covered if the licence is revoked.

Revoked as in no licence any more or revoked as in reverting to provisional?

Revocation means your licence is revoked - you have no licence at all. However you can apply for a new provisional immediately.

[Decky_Q]

I got 4 points on my 125 bike provisional for a stupid overtake. My insurance more than trebled and I was forced onto public transport or getting lifts from colleagues as it would have have been cheaper to have a chauffeur take me to and from work.

Just posting this so you are aware that even if he keeps his entitlement to drive, it may become prohibitively expensive to continue driving anyway.

[8IKERDAVE]

I have first hand experience of this albeit in 2000! I accumulated 6 points on my 125 then went on to pass my driving test.

After 2 weeks I had a very nasty accident and was charged with 'driving without due care and attention' with a court visit. The judge gave me 5 points for the offence putting me on 11 in total but actually took my license away there and then.

A week later, it arrived back in the post! When I contacted the DVLA they said because the first 6 points were given before I gained my full license, they didn't count towards the totting up ban. Therefore I was allowed my license back but if i had gained just 1 point in the first 2 years I would have had to retake my test.

This was 25 years ago so I don't know if anything has changed since then...

[ChocolateFrog]

Just swap it for a Sur-ron until he wants a car.

No license or registration required and as I see the same people on them day after day can only assume no one GAF.

[over_the_hill]

Please feel free to jump in and correct me here but isn't it up to the court to decide on
fine/points or a ban and not the defendant ?

[Aretnap]

over_the_hill said:

Please feel free to jump in and correct me here but isn't it up to the court to decide on fine/points or a ban and not the defendant ?

Indeed, the OP's son can hope to influence the court one way or another, but ultimately it's a choice for the court to make, not for him.

[My Evil Twin]

Aretnap said:

over_the_hill said:

Please feel free to jump in and correct me here but isn't it up to the court to decide on fine/points or a ban and not the defendant ?

Indeed, the OP's son can hope to influence the court one way or another, but ultimately it's a choice for the court to make, not for him.

Yes, but we have been advised that you letter of mitigation can be worded in such a way to nudge the Magistrate towards a prefered outcome, nowhere near 100% garatee, but an influance.