Caught driving after license revoked

[neelyp]

Son's colleague was caught a year or so back for using his phone whilst driving. He was in his first two years of holding a full license and had got three points previously for speeding.
He made up some cock and bull story about being able to keep his license and was believed by his boss (they travel around Scotland and Northern England clocking up around 30K per annum), but we knew it would be revoked and a re-test would be required.

As he drives like a complete arse it comes as no surprise that he was stopped in his works van by the traffic cops this morning and it has come to light that he has no license.

My son and I are curious as to what the sentencing might be for a case like this, as I understand it, he is not driving while disqualified, but driving without a license which carries a lesser punishment.

[saaby93]

or insurance?

[TPS]

Fine up to £1000, 3-6 penalty points and discretionary disqualification from driving plus possible no insurance due to having no licence.

[SS2.]

3-6 points, discretionary ban, max fine £1000.

My guess - 3 points and a fine of maybe half of his weekly earnings upon conviction.

saaby93 said:

or insurance?

As always, the policy wording needs to be checked but it may not be an issue as it was not a case of driving whilst disqualified.

Edited by SS2. on Monday 26th April 11:00

[jazzyjeff]

TPS said:

plus possible no insurance due to having no licence.

My concern would be for his employer - no doubt he was driving on their insurance on the basis he was licensed to do so

JJ

[neelyp]

doogz said:

TBH his biggest problem is possibly the fact that he's about to get sacked!

This may not happen due to a bit of nepotism - think son of a friend of a friend scneario.

TBH don't know how he can do his job with it being site based and the need to travel so much.

Editted to add, it would appear that he has been stopped for speeding, so if he gets three points for speeding, three points for driving without a license, adding this to the existing six points on his license will mean an automatic ban anyway.

Edited by neelyp on Monday 26th April 11:27

[munroman]

Maybe the 'driving like an Arse' was the clue that the roads might be a bit safer with an eejit like him being on public transport for a while?

So not smart enough to drive like a nun till he got past his 2 years, lied to his boss, no license, and uninsured, is he a 'promising footballer' too?

[neelyp]

munroman said:

Maybe the 'driving like an Arse' was the clue that the roads might be a bit safer with an eejit like him being on public transport for a while?

So not smart enough to drive like a nun till he got past his 2 years, lied to his boss, no license, and uninsured, is he a 'promising footballer' too?

It worried me that my son had to travel with him on occasion, so I'm in complete agreement with the above.

[saaby93]

Taking away the licence doesnt stop you driving

[zcacogp]

So, all these things, and no licence for a long time.

What's to stop him from driving without a licence? After all, he has form ...


OLi.

[neelyp]

The difference now is the company owner now knows about the lack of a license and would be pretty damn stupid to let him drive the company vans.

[munroman]

zcacogp said:

So, all these things, and no licence for a long time.

What's to stop him from driving without a licence? After all, he has form ...


OLi.

Are we not into a similar scenario to the old lady who kept crashing - a quite word with the BiB that he has been seen driving might be enough to make him see sense, plus if he does get another 6 points and a ban, would that not push him towards some type of custodial sentence if he is found to be driving after that?

A possible 12 points and a revoked driving license, plus a possible ban, is good going for less than 2 years driving.

OP , I would not want my son anywhere near him driving, life is too short!

[109 Bob]

But he wasn't driving without a licence, he has not been banned from driving or had his licence revoked. I assume that if you receive six or more points in your first two years of holding a full licence, your licence will go back to being a provisional & you need to resit a test, there is no ban or time limit imposed.

So surely he was driving on a provisional license rather than no licence at all. I can only imagine that the two are totally different offences & that having no license would be seen as more serious.

[jazzyjeff]

109 Bob said:

But he wasn't driving without a licence, he has not been banned from driving or had his licence revoked.

The Road Traffic (New Drivers) Act 1995

JJ

[109 Bob]

^^ He has to retake his test, he has not been banned & he still holds a provisional license.

[Mr E Driver]

Who ever controls the vans will be in trouble as they are supposed to do 6 monthly license checks on all drivers as per their operators obligations

[SS2.]

109 Bob said:

^^ He has to retake his test, he has not been banned & he still holds a provisional license.

If a licence is revoked under the New Driver's legislation, then the holder would be left with no licence - they would then have to apply for a new licence (which would come with provisional entitlements only).

[DavidHM]

109 Bob said:

But he wasn't driving without a licence, he has not been banned from driving or had his licence revoked. I assume that if you receive six or more points in your first two years of holding a full licence, your licence will go back to being a provisional & you need to resit a test, there is no ban or time limit imposed.

So surely he was driving on a provisional license rather than no licence at all. I can only imagine that the two are totally different offences & that having no license would be seen as more serious.

Not sure actually... I don't know if he'd have had to apply for the provisional again, given that the full licence was revoked.

It barely matters anyway because in both cases the offence is "driving otherwise than accordance with a licence" and so such distinctions would only be applicable on sentencing.

[109 Bob]

SS2. said:

109 Bob said:

^^ He has to retake his test, he has not been banned & he still holds a provisional license.

If a licence is revoked under the New Driver's legislation, then the holder would be left with no licence - they would then have to apply for a new licence (which would come with provisional entitlements only).

OK I didn't know that. Being an oldie I've never been in the two year probationary situation & thought that the license, although being handed to the court, would automatically be returned as a provisional. I guess I don't think like the DVLA.

[JK55]

This guy needs to check the terms of his insurance.

On the policy it might read

"...this policy covers all drivers who hold or have held, and have not beed disqualified from holding, a licence authorising them to drive the vehicle.."

If a person's licence in revoked then the insurance still covers them so technically no insurance offence has been comitted.

There are two reasons for this

1. A person's licence can be revoked by the secretary of state without the person ever entering court.
2. A person can be convicted in absentia for an offence which causes the Road Traffic(New Drivers') Act 1995 to come into play whereas a disqualification can only be imposed by the court in the presence of the accused.

Therefore it is possible that a person can drive with a revoked licence without knowing it. Therefore their insurance does not expire simply because it is revoked.

So, check the insurance!