Nicked for speeding with EU licence - what now?
Discussion
Hi all,
I must shamefully admit to having been done for speeding, 37 in a 30. Bloody annoying, wasn't in an area where there's going to be any pedestrians around, but there you go, my own fault entirely.
As it was in my wife's car, she's had the letter, offering her no points if she attends a speed awareness course. We're going to tell them it was me driving of course, but are they likely to offer me the same deal?
What complicates the matter is that I haven't got a UK licence, I have a Danish (EU) licence. Not a problem when insuring the car or anything, so not illegal in any way, but obviously a different situation to the norm.
So, in hope, can anyone give me any idea of what's likely to happen?
I must shamefully admit to having been done for speeding, 37 in a 30. Bloody annoying, wasn't in an area where there's going to be any pedestrians around, but there you go, my own fault entirely.
As it was in my wife's car, she's had the letter, offering her no points if she attends a speed awareness course. We're going to tell them it was me driving of course, but are they likely to offer me the same deal?
What complicates the matter is that I haven't got a UK licence, I have a Danish (EU) licence. Not a problem when insuring the car or anything, so not illegal in any way, but obviously a different situation to the norm.
So, in hope, can anyone give me any idea of what's likely to happen?
o.versteer said:
FiveStar said:
AFAIK its straight to court for non UK licences. So it will prob be 3 points + 60 quid fine.
Er, yes, but 3 points on what? They can't put points on my Danish licence....mechsympathy said:
o.versteer said:
FiveStar said:
AFAIK its straight to court for non UK licences. So it will prob be 3 points + 60 quid fine.
Er, yes, but 3 points on what? They can't put points on my Danish licence....cloggy said:
o.versteer said:
FiveStar said:
AFAIK its straight to court for non UK licences. So it will prob be 3 points + 60 quid fine.
Er, yes, but 3 points on what? They can't put points on my Danish licence....cloggy said:
o.versteer said:
FiveStar said:
AFAIK its straight to court for non UK licences. So it will prob be 3 points + 60 quid fine.
Er, yes, but 3 points on what? They can't put points on my Danish licence....Edited to add that I am a permanent resident in the UK.
Edited by o.versteer on Tuesday 20th November 14:34
o.versteer said:
cloggy said:
o.versteer said:
FiveStar said:
AFAIK its straight to court for non UK licences. So it will prob be 3 points + 60 quid fine.
Er, yes, but 3 points on what? They can't put points on my Danish licence....Edited to add that I am a permanent resident in the UK.
Edited by o.versteer on Tuesday 20th November 14:34
http://www.direct.gov.uk/en/Motoring/DriverLicensi...
Your Licence issued in Denmark is an EEC Licence and the following rules apply:
Resident now in UK since issue:
If you have a valid community licence, this will authorise you to drive in GB for the period set out below. Alternatively, you can exchange your licence for a British one at any time.
Provided your licence remains valid you may drive in GB:
Car, motorcycle driving licence holders (ordinary driving licence):
until aged 70 or for three years after becoming resident, whichever is the longer period
Lorry, minibus, bus driving licence holders (vocational driving licence):
until aged 45 or for five years after becoming resident, whichever is the longer period
if you are aged over 45 (but under 65) until your 66th birthday or for five years after becoming resident, whichever is the shorter period
if you are aged 65 or over for 12 months after becoming resident
In order to continue driving after these periods, you must get a British driving licence.
Because you do not hold an GB Licence then the rules relating to Conditional Offer i.e. £60/3 points will not kick in and it will have to go to Court.
Now normally at Court a higher fine applies together with a CPS prosecution cost of anything from 35 - 60 notes and an additional supplement of £15 for Victim Support scheme.
You may wish to make a note of the following (from my notes)
Appeal of Gregory Maroney Barnett
Judgement of his Honour Judge Morrell at Northampton Crown Court
Friday 3rd November 2006
It is wrong in principle wjhere a person has declined the offer of a Fixed Penalty Notice and is subsequently convicted by the Court, to impose a large fine. There is fundemental injustice in that. The imposition of a fine is a deterent, but it should not exceed the original penalty.
[Involved hire of firm making speed device used who submitted fee for £823 for costs as an expert but not independent]
Whether or not you can use the above comments to bring about a fine in line with CO ??????????????
As regards points awarded you will be allocated a Driver Number on a skeleton record at DVLA to check on any future transgressions.
dvd
Resident now in UK since issue:
If you have a valid community licence, this will authorise you to drive in GB for the period set out below. Alternatively, you can exchange your licence for a British one at any time.
Provided your licence remains valid you may drive in GB:
Car, motorcycle driving licence holders (ordinary driving licence):
until aged 70 or for three years after becoming resident, whichever is the longer period
Lorry, minibus, bus driving licence holders (vocational driving licence):
until aged 45 or for five years after becoming resident, whichever is the longer period
if you are aged over 45 (but under 65) until your 66th birthday or for five years after becoming resident, whichever is the shorter period
if you are aged 65 or over for 12 months after becoming resident
In order to continue driving after these periods, you must get a British driving licence.
Because you do not hold an GB Licence then the rules relating to Conditional Offer i.e. £60/3 points will not kick in and it will have to go to Court.
Now normally at Court a higher fine applies together with a CPS prosecution cost of anything from 35 - 60 notes and an additional supplement of £15 for Victim Support scheme.
You may wish to make a note of the following (from my notes)
Appeal of Gregory Maroney Barnett
Judgement of his Honour Judge Morrell at Northampton Crown Court
Friday 3rd November 2006
It is wrong in principle wjhere a person has declined the offer of a Fixed Penalty Notice and is subsequently convicted by the Court, to impose a large fine. There is fundemental injustice in that. The imposition of a fine is a deterent, but it should not exceed the original penalty.
[Involved hire of firm making speed device used who submitted fee for £823 for costs as an expert but not independent]
Whether or not you can use the above comments to bring about a fine in line with CO ??????????????
As regards points awarded you will be allocated a Driver Number on a skeleton record at DVLA to check on any future transgressions.
dvd
Edited by Dwight VanDriver on Tuesday 20th November 14:59
Edited by Dwight VanDriver on Tuesday 20th November 15:01
Dwight VanDriver said:
Because you do not hold an GB Licence then the rules relating to Conditional Offer i.e. £60/3 points will not kick in and it will have to go to Court.
Now normally at Court at higher fine applies together with a CPS prosecuition cost of anything from 35 - 60 notes and an additional supplement of £15 for Victim Support scheme.
Right. Learn something new every day I guess - thanks very much for all the comprehensive replies. Now normally at Court at higher fine applies together with a CPS prosecuition cost of anything from 35 - 60 notes and an additional supplement of £15 for Victim Support scheme.
So it looks like:
- no speed awareness course offer
- a higher fine af maybe £100ish in total, including Victim Support contribution
- 3 points on a "skeleton licence"
Is that, in people's view, a correct assessment?
o.versteer said:
Dwight VanDriver said:
Because you do not hold an GB Licence then the rules relating to Conditional Offer i.e. £60/3 points will not kick in and it will have to go to Court.
Now normally at Court at higher fine applies together with a CPS prosecuition cost of anything from 35 - 60 notes and an additional supplement of £15 for Victim Support scheme.
Right. Learn something new every day I guess - thanks very much for all the comprehensive replies. Now normally at Court at higher fine applies together with a CPS prosecuition cost of anything from 35 - 60 notes and an additional supplement of £15 for Victim Support scheme.
So it looks like:
- no speed awareness course offer
- a higher fine af maybe £100ish in total, including Victim Support contribution
- 3 points on a "skeleton licence"
Is that, in people's view, a correct assessment?
Now are you sure you checked the date correctly? Because that might mean your wife was driving not you!
I've just had a quick scan through ACPO Guide on Speed Awareness Course and it does not seem to bar anyone with a EU Licence resident in UK and driving on that Licence and therefore lawful
http://www.tinyurl.com/zvkff
So consider when you reply to the 172 request to name driver (yourself) and if you have no previous transgressions, as it was offered to SWMBO, could the same be offered to you - if that is what you want.
I would gather it will cost just more than the £60 and some inroads in your time but at least No points.
dvd
http://www.tinyurl.com/zvkff
So consider when you reply to the 172 request to name driver (yourself) and if you have no previous transgressions, as it was offered to SWMBO, could the same be offered to you - if that is what you want.
I would gather it will cost just more than the £60 and some inroads in your time but at least No points.
dvd
FiveStar said:
Now are you sure you checked the date correctly? Because that might mean your wife was driving not you!
I can't go down this route as it'd be properly illegal, not just a little bit. And besides, wife only has a provisional licence (not passed test yet) so if she was found to be driving on her own, as I was at the time, that wouldn't be great either. Dwight VanDriver said:
I've just had a quick scan through ACPO Guide on Speed Awareness Course and it does not seem to bar anyone with a EU Licence resident in UK and driving on that Licence and therefore lawful
http://www.tinyurl.com/zvkff
So consider when you reply to the 172 request to name driver (yourself) and if you have no previous transgressions, as it was offered to SWMBO, could the same be offered to you - if that is what you want.
I would gather it will cost just more than the £60 and some inroads in your time but at least No points.
Thanks for that, I'll try that approach, it might work. Just spoke to the DVLA and their take is that I have to now exchange my Danish licence for a British one, so I can get the points, ie no "skeleton" licence, it's bye bye to my Danish one full stop. http://www.tinyurl.com/zvkff
So consider when you reply to the 172 request to name driver (yourself) and if you have no previous transgressions, as it was offered to SWMBO, could the same be offered to you - if that is what you want.
I would gather it will cost just more than the £60 and some inroads in your time but at least No points.
I don't intend to move back so I'm not too fussed about that, and I suppose getting everything in order and above board will be good, but it's a hassle nevertheless, by the looks of it.
o.versteer said:
Just spoke to the DVLA and their take is that I have to now exchange my Danish licence for a British one, so I can get the points, ie no "skeleton" licence, it's bye bye to my Danish one full stop.
I don't intend to move back so I'm not too fussed about that, and I suppose getting everything in order and above board will be good, but it's a hassle nevertheless, by the looks of it.
What address is on the Danish licence - I'm assuming one in Dane-Land? Hmmm...I don't intend to move back so I'm not too fussed about that, and I suppose getting everything in order and above board will be good, but it's a hassle nevertheless, by the looks of it.
H_Kan said:
They can't make you surrender the license. Same way that if you are caught speeding in France, you don't need to take on a French license.
Not quite the same situation, as in your scenario you don't live there permanently, I live here and intend to continue to do so. EU_Foreigner said:
They can't force you to change the license to a UK one? It is a EUROPEAN license ... UK is in Europe - they can not discriminate and you are allowed to drive on it until the age of 70
Are you sure about this?Deva Link said:
What address is on the Danish licence - I'm assuming one in Dane-Land? Hmmm...
Some interesting points of view. DVLA flat out told me I'd have to exchange it. I might have to write to Plod in response to the NIP and just wait and see what they come up with, sounds like there's a bit of a lack of hard and fast rules!Unlike here, there are no addresses on Danish licences.
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