Do banned drivers have to retake their test?
Discussion
Basically as the questions states.
I know of someone that was convicted last year of Dangerous Driving, and banned from driving for 18 months. They weren't given any points I don't think, but rather straight-out banned. This person is under the impression that he will be able to simply reapply for his licence after the 18 month period, without retaking his driving test. Is this right?
I know of someone that was convicted last year of Dangerous Driving, and banned from driving for 18 months. They weren't given any points I don't think, but rather straight-out banned. This person is under the impression that he will be able to simply reapply for his licence after the 18 month period, without retaking his driving test. Is this right?
I thought the court had to stipulate if a re-test was required at the end of a ban. My other half got banned many many years ago in his younger days when he used to zoom around on a manky old motor bike, under the totting up process. He never had to take a re-test when his ban had run it's course.
lambochick said:
I thought the court had to stipulate if a re-test was required at the end of a ban.
That's what the person I know is basing his belief on. He says he wasn't told when sentenced that he would have to retake his test so therefore he won't have to. He has in the past shown me a piece of paper that he got when he was sentenced - a generic form that states anyone who is banned for longer than 56 days (IIRC) has to surrender their licence back to the DVLA - but I can't remember it saying he would have to retake his test.
Chapter and verse - though no mention of a retest -
www.dvla.gov.uk/drivers.aspx
Follow the links for disqualified drivers.
www.dvla.gov.uk/drivers.aspx
Follow the links for disqualified drivers.
Reading that website (thanks for the link), I find the following quotes:
Courts can impose an extended driving test on anyone who is:
- convicted of dangerous driving offences
- convicted of other offences involving obligatory disqualification
Loss of your driving licence for dangerous driving or related offences involving obligatory disqualification means that you return to ‘learner’ status - normal rules for provisional licence holders will then apply.
You must therefore take and pass a theory test for the category of vehicle you intend to take an extended practical driving test in.
The extended driving test is longer and therefore more demanding. It lasts for about 70 minutes and covers a wide variety of roads, usually including dual carriageways. You are advised to prepare by taking suitable instruction from an approved driving instructor (ADI).
This passage hints that a full (and extended) retest is needed, but it seems a little ambiguous as to the specific details - Courts 'can' impose rather than 'will' or 'do' impose.
Courts can impose an extended driving test on anyone who is:
- convicted of dangerous driving offences
- convicted of other offences involving obligatory disqualification
Loss of your driving licence for dangerous driving or related offences involving obligatory disqualification means that you return to ‘learner’ status - normal rules for provisional licence holders will then apply.
You must therefore take and pass a theory test for the category of vehicle you intend to take an extended practical driving test in.
The extended driving test is longer and therefore more demanding. It lasts for about 70 minutes and covers a wide variety of roads, usually including dual carriageways. You are advised to prepare by taking suitable instruction from an approved driving instructor (ADI).
This passage hints that a full (and extended) retest is needed, but it seems a little ambiguous as to the specific details - Courts 'can' impose rather than 'will' or 'do' impose.
Disqualified from driving is a missleading term. You are diqualified from holding or obtaining a license to drive. Yes I know its the same thing BUT the Judge decides the length of disqualification and he/she decides if you have to sit a test before you can reapply to get it back.
Once the ban is up you can't just start driving again you have to apply for a license. You should not be driving until your new licese comes through......
So how many are driving about that have not re-applied?
Once the ban is up you can't just start driving again you have to apply for a license. You should not be driving until your new licese comes through......
So how many are driving about that have not re-applied?
gently bentley - Is that actually fact? Assuming the judge didn't tell him he would have to take a retest (I wasn't there so I don't know) does that mean he can simply reapply for a licence as soon as his time is up? Would there be any way of him finding out whether he needs a retest or not?
I'm seeing him in the pub tomorrow evening so I'd like to feel clued-up about it
I'm seeing him in the pub tomorrow evening so I'd like to feel clued-up about it
gently bentley said:
Disqualified from driving is a missleading term. You are diqualified from holding or obtaining a license to drive. Yes I know its the same thing BUT the Judge decides the length of disqualification and he/she decides if you have to sit a test before you can reapply to get it back.
Once the ban is up you can't just start driving again you have to apply for a license. You should not be driving until your new licese comes through......
So how many are driving about that have not re-applied?
Once the ban is up you can't just start driving again you have to apply for a license. You should not be driving until your new licese comes through......
So how many are driving about that have not re-applied?
Are you saying that, if you have say a 56-day ban, then you must re-apply for a licence once the 56 days have passed?
I did not think that, if you had say a 14-day custodial sentence, at the end of the 14th day you had to make an application for your freedom. Why should this be different?
And if you cannot re-apply until the ban is over, effectively your ban is 56 days (or whatever) plus however long it takes the DVLA to process your application and get the new licence back to you. In which case your ban would have been for more than the penalty imposed by the court. That doesn't sound fair.
As I understand it:
For a substantial disqualification the Court sends the Licence to DVLA. Some 56 days before the disqualification is to end DVLA send out forms for the offender to apply for its renewal. If these are not received – unnotified change of address – then Form can be obtained at DVLA Office or Post Office and sent in. There is a fee of £50 (£75 if a drink drive disqualification) to renew. The new Licence will run from date of issue at end of disqualification..
A 56 day disqualification and under as far as I am aware, Licence is retained by Magistrates Clerks Office and returned by them just before disqualification termoinates. There is no need for a new date of commencement, as it remains current to the date of original issue.
Person convicted of offences of manslaughter, cause death by dangerous driving, OR DANGEROUS DRIVING, Court must disqualify and in addition to period of disqualification must order that person to take an extended driving test, meaning reversion to Prov Lic status at end of disqualification and all that entails. I would preseume that DVLA will send notice that application has to be made for Prov. Licence.
Person convicted of offences carrying obligatory endorsement, say due care, Court may order disqualified until test to be taken. This is effect revoking Licence. Again return to Prov. Lic. status This is the ‘ordinary’ test of competence unless totting is involved when the test has to be ‘extended’.
If one is caught breaching the terms of Prov. Lic. In such cases then offence is driving whilst disqualified.
dvd
For a substantial disqualification the Court sends the Licence to DVLA. Some 56 days before the disqualification is to end DVLA send out forms for the offender to apply for its renewal. If these are not received – unnotified change of address – then Form can be obtained at DVLA Office or Post Office and sent in. There is a fee of £50 (£75 if a drink drive disqualification) to renew. The new Licence will run from date of issue at end of disqualification..
A 56 day disqualification and under as far as I am aware, Licence is retained by Magistrates Clerks Office and returned by them just before disqualification termoinates. There is no need for a new date of commencement, as it remains current to the date of original issue.
Person convicted of offences of manslaughter, cause death by dangerous driving, OR DANGEROUS DRIVING, Court must disqualify and in addition to period of disqualification must order that person to take an extended driving test, meaning reversion to Prov Lic status at end of disqualification and all that entails. I would preseume that DVLA will send notice that application has to be made for Prov. Licence.
Person convicted of offences carrying obligatory endorsement, say due care, Court may order disqualified until test to be taken. This is effect revoking Licence. Again return to Prov. Lic. status This is the ‘ordinary’ test of competence unless totting is involved when the test has to be ‘extended’.
If one is caught breaching the terms of Prov. Lic. In such cases then offence is driving whilst disqualified.
dvd
flemke said:
I did not think that, if you had say a 14-day custodial sentence, at the end of the 14th day you had to make an application for your freedom. Why should this be different?
Good point. It's not lonely! If you shoplift for the first time, or commit common assault (etc) you will get a warning. Some 'victims of society' get many warnings. Driving safely past a GATSO camera for the first or n'th time will get you no warnings. Fines for driving offences are means tested but custodial sentences - including driving offences - aren't age tested.
Several sane senior BiB have commented publicly on this dislocation in our 'justice' system but the current generation seem bred to accept it and think it's normal, or even acceptable.
DvD said:
There is a fee of £50 (£75 if a drink drive disqualification) to renew.
Is there additional administration for DD offence, to account for the cost, or is this an additional fine or maybe a toper's licence tax?
TB
...dunno......but DD disqualifications carry a year at least so charge for additional
storage??
Maybe something to do with enquiry to ensure fit to have licence and not an alki.
Haven't time to research that aspect at the mo.....Santa Clause chasing. I want a new brain.....
Rgds
dvd
...dunno......but DD disqualifications carry a year at least so charge for additional
storage??
Maybe something to do with enquiry to ensure fit to have licence and not an alki.
Haven't time to research that aspect at the mo.....Santa Clause chasing. I want a new brain.....
Rgds
dvd
flemke said:
I did not think that, if you had say a 14-day custodial sentence, at the end of the 14th day you had to make an application for your freedom. Why should this be different?
Because you aren't required to have a licence to be free - it is the natural state of things, but you are required to have one to drive. Your driving licence is not a right, it is granted upon reaching a certain standard and retained by not screwing-up badly.
7db said:
Because you aren't required to have a licence to be free - it is the natural state of things, but you are required to have one to drive. Your driving licence is not a right, it is granted upon reaching a certain standard and retained by not screwing-up badly.
It's not clear why it would be the natural state of things to be "free", but not to be free to drive.
flemke said:
7db said:
Because you aren't required to have a licence to be free - it is the natural state of things, but you are required to have one to drive. Your driving licence is not a right, it is granted upon reaching a certain standard and retained by not screwing-up badly.
It's not clear why it would be the natural state of things to be "free", but not to be free to drive.
So there's really no difference, just a common evolutionary pathway managed by eejits and their inadequate minions.
ehyouwhat said:
Reading that website (thanks for the link), I find the following quotes:
Courts can impose an extended driving test on anyone who is:
- convicted of dangerous driving offences
- convicted of other offences involving obligatory disqualification
Loss of your driving licence for dangerous driving or related offences involving obligatory disqualification means that you return to ‘learner’ status - normal rules for provisional licence holders will then apply.
You must therefore take and pass a theory test for the category of vehicle you intend to take an extended practical driving test in.
Courts can impose an extended driving test on anyone who is:
- convicted of dangerous driving offences
- convicted of other offences involving obligatory disqualification
Loss of your driving licence for dangerous driving or related offences involving obligatory disqualification means that you return to ‘learner’ status - normal rules for provisional licence holders will then apply.
You must therefore take and pass a theory test for the category of vehicle you intend to take an extended practical driving test in.
The way I read this passage is that for a dangerous driving conviction a retest is automatically imposed, but the courts may impose an extended test if they wanted (but haven't in this case as no mention of such).
Edited for formatting.
Edited by JP_Midget on Tuesday 19th December 11:43
Dwight VanDriver said:
As I understand it:
For a substantial disqualification the Court sends the Licence to DVLA. Some 56 days before the disqualification is to end DVLA send out forms for the offender to apply for its renewal. If these are not received – unnotified change of address – then Form can be obtained at DVLA Office or Post Office and sent in. There is a fee of £50 (£75 if a drink drive disqualification) to renew. The new Licence will run from date of issue at end of disqualification..
A 56 day disqualification and under as far as I am aware, Licence is retained by Magistrates Clerks Office and returned by them just before disqualification termoinates. There is no need for a new date of commencement, as it remains current to the date of original issue.
Person convicted of offences of manslaughter, cause death by dangerous driving, OR DANGEROUS DRIVING, Court must disqualify and in addition to period of disqualification must order that person to take an extended driving test, meaning reversion to Prov Lic status at end of disqualification and all that entails. I would preseume that DVLA will send notice that application has to be made for Prov. Licence.
Person convicted of offences carrying obligatory endorsement, say due care, Court may order disqualified until test to be taken. This is effect revoking Licence. Again return to Prov. Lic. status This is the ‘ordinary’ test of competence unless totting is involved when the test has to be ‘extended’.
If one is caught breaching the terms of Prov. Lic. In such cases then offence is driving whilst disqualified.
dvd
For a substantial disqualification the Court sends the Licence to DVLA. Some 56 days before the disqualification is to end DVLA send out forms for the offender to apply for its renewal. If these are not received – unnotified change of address – then Form can be obtained at DVLA Office or Post Office and sent in. There is a fee of £50 (£75 if a drink drive disqualification) to renew. The new Licence will run from date of issue at end of disqualification..
A 56 day disqualification and under as far as I am aware, Licence is retained by Magistrates Clerks Office and returned by them just before disqualification termoinates. There is no need for a new date of commencement, as it remains current to the date of original issue.
Person convicted of offences of manslaughter, cause death by dangerous driving, OR DANGEROUS DRIVING, Court must disqualify and in addition to period of disqualification must order that person to take an extended driving test, meaning reversion to Prov Lic status at end of disqualification and all that entails. I would preseume that DVLA will send notice that application has to be made for Prov. Licence.
Person convicted of offences carrying obligatory endorsement, say due care, Court may order disqualified until test to be taken. This is effect revoking Licence. Again return to Prov. Lic. status This is the ‘ordinary’ test of competence unless totting is involved when the test has to be ‘extended’.
If one is caught breaching the terms of Prov. Lic. In such cases then offence is driving whilst disqualified.
dvd
Out of interest should one be convicted of a driving offence that results a ban and a mandatory extended driving test, I'm assuming all categories of vehicles of which you have passed a test get placed back to provisional status e.g. car and motorcycle?? Would one therefore be required to take an extended test for each vehicle category again to regain a full license?
Good question Mr Scott.
A, who has full entilement to ride motor cycles, is banned for offence whilst driving a car and is disqualified and ordered to take extended test. Whilst disqualification in place then it applies to all vehicles for what has happened is the Licence has been revoked. At the end of that, still disqualified until passes test for car but can drive on a PL. But in ordinary circumstances can drive motor cycle on substantive licence for that group but if not entitled has to have PL for car.
The disqualification continues by an Order of Court so it would seem that it applies to all groups until the test is out of the way. Whether the motorcycle entitlement returns after the test I cannot confirm from the bits and pieces I have. DVLA site is of no help, neither is RTO Act 88
Fancy posing that to DVLA by EMail? As I have said I need a new brain.
dvd
A, who has full entilement to ride motor cycles, is banned for offence whilst driving a car and is disqualified and ordered to take extended test. Whilst disqualification in place then it applies to all vehicles for what has happened is the Licence has been revoked. At the end of that, still disqualified until passes test for car but can drive on a PL. But in ordinary circumstances can drive motor cycle on substantive licence for that group but if not entitled has to have PL for car.
The disqualification continues by an Order of Court so it would seem that it applies to all groups until the test is out of the way. Whether the motorcycle entitlement returns after the test I cannot confirm from the bits and pieces I have. DVLA site is of no help, neither is RTO Act 88
Fancy posing that to DVLA by EMail? As I have said I need a new brain.
dvd
vonhosen said:
Yes that's the page I quoted from earlier. The passages seem quite ambiguous as to whether there is a difference between a standard retest and an extended retest. The section states that the court 'can' impose an extended retest, but not that a normal retest is automatic.
I'm confused. Which means I can't really give the guy any solid advice as I don't know myself.
Can he ask the courts, or the police, to clarify whether he has to retake a test or not? If he wasn't told that he would have to retake a test at his court hearing, and wasn't given any literature to suggest a retest, then maybe he is correct in his assumption that he can simply reapply for his licence after the disqualification period?
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