6 Points on a prov licence - what happens next?
Discussion
Scenario:
16 year, on prov licence has a moped and manages to accumulate 6 points. Youth is now 17 and taking driving lessons, passed the theory last week. Driving test booked for 3 weeks away.
We think:
Road Traffic (New Drivers) Act 1995 will kick in the day he passes his test and he will be DQ'd (6 points within 2 years as a new driver). We believe that he can immediately apply for another test and get his licence back?
So enquiries have been made at the local police station, the DVLA, driving test centre and no-one appears to be completely clued up as to whether the DQ will instantly kick in or whether there is a time period for re-applying for his test. No-ones sure what happens if he passes his test and sends his licence to the DVLA, will they keep it (under New Drivers 1995) or endorse it with 6 points and send it back?
There seems to be an anomaly in the law that allows 12 points on a prov but only 6 on a full licence. This also means he hasn't had his day in court for the bench to decide whether a DQ is necessary when/if he gets a full licence. Can they DQ without a court appearance?
Any views from someone who might know?
16 year, on prov licence has a moped and manages to accumulate 6 points. Youth is now 17 and taking driving lessons, passed the theory last week. Driving test booked for 3 weeks away.
We think:
Road Traffic (New Drivers) Act 1995 will kick in the day he passes his test and he will be DQ'd (6 points within 2 years as a new driver). We believe that he can immediately apply for another test and get his licence back?
So enquiries have been made at the local police station, the DVLA, driving test centre and no-one appears to be completely clued up as to whether the DQ will instantly kick in or whether there is a time period for re-applying for his test. No-ones sure what happens if he passes his test and sends his licence to the DVLA, will they keep it (under New Drivers 1995) or endorse it with 6 points and send it back?
There seems to be an anomaly in the law that allows 12 points on a prov but only 6 on a full licence. This also means he hasn't had his day in court for the bench to decide whether a DQ is necessary when/if he gets a full licence. Can they DQ without a court appearance?
Any views from someone who might know?
Road Traffic(New Drivers) Act 1995 at Section 1 defines the probationary period as STARTING 2 years from a driver passing the test.
It goes on at 2 (4) to refer to an Order of Court for "an offence committed in the probationary period."
There are other similar references and there is nothing which states that endosements/points prior to the test are admitted or calculated.
It would therefore appear that those already on the Licence have no effect.
DVD
It goes on at 2 (4) to refer to an Order of Court for "an offence committed in the probationary period."
There are other similar references and there is nothing which states that endosements/points prior to the test are admitted or calculated.
It would therefore appear that those already on the Licence have no effect.
DVD
Blimey. Thats a result.
I did go to the HMSO website (www.hmso.gov.uk/acts/acts1995/Ukpga_19950013_en_1.htm) and attempt to read the act but I got bogged down in technical speak. Thanks for the clarification.
I did go to the HMSO website (www.hmso.gov.uk/acts/acts1995/Ukpga_19950013_en_1.htm) and attempt to read the act but I got bogged down in technical speak. Thanks for the clarification.
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