6 points in first 2 years
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Discussion

ro250

Original Poster:

3,331 posts

75 months

Yesterday (22:07)
quotequote all
Situation is new driver in second year of driving has been pulled over for using phone in car. Phone was in cradle but police said they weren't paying attention so assume banged to rights. Officer says expect letter in post with info on licence being revoked.

Questions:

Once this letter comes through I assume it will have a date by which the licence is revoked? At this point should we cancel the insurance policy on the car?

The car will be on the drive so really need it insured but assume if we don't cancel the policy it isn't valid anyway (and is there a chance the insurer will cancel it which we definitely don't want?)

Can we get learner insurance on the car again (like we did when they were learning) as it's going to take a while to get a re-test booked?

Just how hard / expensive will it be to get insurance once they pass again?

martinbiz

3,594 posts

163 months

Yesterday (22:27)
quotequote all
If they are not being prosecuted for the specific mobile phone offence then it could well be only 3 points

rlg43p

1,486 posts

267 months

Yesterday (22:30)
quotequote all
martinbiz said:
If they are not being prosecuted for the specific mobile phone offence then it could well be only 3 points
I'm not sure that using the phone in the cradle is an offence.

Maybe if he was driving without due care it might be less points.

martinbiz

3,594 posts

163 months

Yesterday (22:31)
quotequote all
Plod doing a bit of scaremongering, if they get 3 points then they don’t need to be declared until ins renewal is due

martinbiz

3,594 posts

163 months

Yesterday (22:32)
quotequote all
rlg43p said:
martinbiz said:
If they are not being prosecuted for the specific mobile phone offence then it could well be only 3 points
I'm not sure that using the phone in the cradle is an offence.

Maybe if he was driving without due care it might be less points.
That’s what I said

ro250

Original Poster:

3,331 posts

75 months

Yesterday (22:38)
quotequote all
Apparently the officer said it'll be 6 points and a test retake. I know the phone would have been in the cradle but unless the copper was scaremongering then it's his word against the driver so not a leg to stand on.

martinbiz

3,594 posts

163 months

Yesterday (23:53)
quotequote all
ro250 said:
Apparently the officer said it'll be 6 points and a test retake. I know the phone would have been in the cradle but unless the copper was scaremongering then it's his word against the driver so not a leg to stand on.
Nothing to do with his word, you will need to wait for some paper work to see the actual offence/s they are charged with. Not paying attention is not an offence In itself, could be careless, not in proper control, without due care etc all of which can carry less than 6 points subject to no aggravating circumstances

surveyor

18,457 posts

202 months

I remain a little surprised at what plod said and suspect he was either exaggerating or mistaken.

Course also exist in some areas. It s a wait and see.

Steplad got into this speeding

Letter was sent same day or close to court hearing revoking license immediately.

They then have to reapply for provisional and do both tests again. They are effectively just ordinary learner drivers again.

Can’t remember what we did with his insurance or even his car.



Edited by surveyor on Wednesday 1st October 06:57

E-bmw

11,396 posts

170 months

ro250 said:
Once this letter comes through I assume it will have a date by which the licence is revoked? At this point should we cancel the insurance policy on the car?

The car will be on the drive so really need it insured but assume if we don't cancel the policy it isn't valid anyway (and is there a chance the insurer will cancel it which we definitely don't want?)
Why would you be cancelling the insurance if you need it to be insured?

Surely, you will just remove that driver from the policy.

The insurer won't be automatically cancelling as how would they know?

ro250

Original Poster:

3,331 posts

75 months

E-bmw said:
ro250 said:
Once this letter comes through I assume it will have a date by which the licence is revoked? At this point should we cancel the insurance policy on the car?

The car will be on the drive so really need it insured but assume if we don't cancel the policy it isn't valid anyway (and is there a chance the insurer will cancel it which we definitely don't want?)
Why would you be cancelling the insurance if you need it to be insured?

Surely, you will just remove that driver from the policy.

The insurer won't be automatically cancelling as how would they know?
Would we not need to tell his insurers the licence has been revoked then? It's insured on the basis he is the main driver and policyholder so surely they'd need to know?

I'm not sure what they would do if I told them?

ro250

Original Poster:

3,331 posts

75 months

surveyor said:
I remain a little surprised at what plod said and suspect he was either exaggerating or mistaken.

Course also exist in some areas. It s a wait and see.

Steplad got into this speeding

Letter was sent same day or close to court hearing revoking license immediately.

They then have to reapply for provisional and do both tests again. They are effectively just ordinary learner drivers again.

Can t remember what we did with his insurance or even his car.



Edited by surveyor on Wednesday 1st October 06:57
My lad says the officer said he was using his phone while driving and then told him he'll be getting licence revoked etc. My lad wouldn't know to have said he wasn't holding the phone so if it comes through (which my son said the officer was very sure) I don't see how he has a leg to stand on. Interestingly, the officer didn't mention the £200 fine which I think you also get.

BTW, I'm not defending this, my post was asking about the practicalities. He's an idiot. Although I know for sure he wasn't holding the phone.

surveyor

18,457 posts

202 months

ro250 said:
surveyor said:
I remain a little surprised at what plod said and suspect he was either exaggerating or mistaken.

Course also exist in some areas. It s a wait and see.

Steplad got into this speeding

Letter was sent same day or close to court hearing revoking license immediately.

They then have to reapply for provisional and do both tests again. They are effectively just ordinary learner drivers again.

Can t remember what we did with his insurance or even his car.



Edited by surveyor on Wednesday 1st October 06:57
My lad says the officer said he was using his phone while driving and then told him he'll be getting licence revoked etc. My lad wouldn't know to have said he wasn't holding the phone so if it comes through (which my son said the officer was very sure) I don't see how he has a leg to stand on. Interestingly, the officer didn't mention the £200 fine which I think you also get.

BTW, I'm not defending this, my post was asking about the practicalities. He's an idiot. Although I know for sure he wasn't holding the phone.
Mine is an idiot too. I probably was at that age also.

The office is using a handheld device…. If he was not holding it assuming the officer has not seen something or has not made a mistake then the phone charge is not available.

If he was driving badly because of the phone the driving without due care etc exists but don’t carry an automatic 6 point.

I don’t see what you can do but wait and see what turns up on the paperwork.


119

14,129 posts

54 months

I’d be checking the policy to see if you do have to inform them of the points before renewal!

Sounds like a bit of a nightmare but good luck!

Yellow Lizud

2,708 posts

182 months

He 'might' get banned from driving, but he won't be banned from having insurance (as long as he doesn't drive it obviously).
Plenty of people have insurance on a car that they don't drive, maybe while it's SORNed.

You need to keep the insurance running, what happens if it gets stolen while parked on the driveway?

Of course if he does start to use it again, as a provisional driver, then he will probably need to let the insurance know.
What does it say in the policy documents?
At this point, he still won't be banned from having insurance, although he might be priced out of the market.

Hugo Stiglitz

39,785 posts

229 months

Id take some proper advice. Dont mess around the Insurance company as if they cancel insurance it could lead to years of pain.

If its 6 points in the first two years no course is available. Its start a fresh again.

alscar

6,991 posts

231 months

You can’t or shouldn’t do anything until the paperwork arrives and you can then see what you’re dealing with.
Quite possible the officer was scaremongering him in order to teach a lesson.
Usually for only points gained it’s only at renewal it needs declaring although some policies T and C will differ.
Certainly even in a worse case I wouldn’t cancel the policy though.

The Gauge

5,366 posts

31 months

Does he need to have been holding the phone to have committed the offence, or is simply using a hand held phone whilst driving (such as in an holder) also an offence?

Dave _

133 posts

137 months

The Gauge said:
Does he need to have been holding the phone to have committed the offence, or is simply using a hand held phone whilst driving (such as in an holder) also an offence?
You need to be holding the device

Oceanrower

1,197 posts

130 months

Dave _ said:
The Gauge said:
Does he need to have been holding the phone to have committed the offence, or is simply using a hand held phone whilst driving (such as in an holder) also an offence?
You need to be holding the device
Not again. Please, please, not again!

Dave _

133 posts

137 months

Oceanrower said:
Not again. Please, please, not again!
It’s only been the law for about 22 years, some people take a while to get the message wink