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    New Drivers Act

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    Mujtaba Shah
    Road Traffic (new drivers) Act 1995 applies to every motorist who passed their first full test after 1 June 1997. Main effect of the Act is to impose a probationary period for the first 2 years after the test is passed. During this time, a new driver will be subject to immediate revocation of their licence, should they reach 6 or more penalty points.

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    New Drivers Act

    Uploaded by

    Mujtaba Shah
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    Road Traffic (new drivers) Act 1995 applies to every motorist who passed their first full test after 1 June 1997. Main effect of the Act is to impose a probationary period for the first 2 years after the test is passed. During this time, a new driver will be subject to immediate revocation of their licence, should they reach 6 or more penalty points.

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    Road Traffic (new drivers) Act 1995 applies to every motorist who passed their first full test after 1 June 1997. Main effect of the Act is to impose a probationary period for the first 2 years after the test is passed. During this time, a new driver will be subject to immediate revocation of their licence, should they reach 6 or more penalty points.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    55 views3 pages

    New Drivers Act

    Uploaded by

    Mujtaba Shah
    Road Traffic (new drivers) Act 1995 applies to every motorist who passed their first full test after 1 June 1997. Main effect of the Act is to impose a probationary period for the first 2 years after the test is passed. During this time, a new driver will be subject to immediate revocation of their licence, should they reach 6 or more penalty points.

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    New Drivers Act / Revocation of Driving Licence

    The Road Traffic (New Drivers) Act 1995 applies to every motorist who passed their first
    full test after 1 June 1997.

    The main effect of the Act is to impose a probationary period for the first 2 years after the test
    is passed. During this time, a new driver will be subject to immediate revocation of their
    licence, should they reach 6 or more penalty points. This is an automatic process which is
    triggered should any offence be committed in the first 2 years lead to a total of 6 points being
    endorsed on the licence. In theory, a new driver would therefore be given one chance by way
    of a Fixed Penalty but if two Fixed Penalties were accepted, or a more serious offence resulted
    in 6 points, the licence would be revoked.

    It is important to note that points carried over from a provisional driving licence are still taken
    into account so any driver who transfers points from a provisional to a full licence would be
    revoked if any further offence were committed.

    Likewise, it is the date of the offence that is relevant, not the date of conviction. Revocation
    will still take place even if the two year probation period has elapsed before points are then
    imposed for an offence that occurred within the first 24 months.

    I am a new driver. What happens if my driving licence is revoked?


    Revocation of a driving licence has an immediate effect once 6 points are reached. The licence
    remains revoked indefinitely and will not be reinstated until an application is made. Upon
    application, a provisional licence will be reissued (endorsed with the points) and the driver will
    be subject to the terms of a provisional licence. If and when both the theory and practical
    driving tests are passed, a full licence will be reissued but the points will remain valid until
    their third anniversary.

    Can the DVLA revoke my licence without prior warning or a Court attendance?
    Yes. The process is automatic and neither the Police, the DVLA or the Court have any
    discretion. If you accept a Fixed Penalty Notice which results in 6 points being reached within
    your first 2 years of driving, your licence will be revoked without any prior warning or a Court
    appearance.

    Do the DVLA, the Police or the Courts have to warn me that my licence could be
    revoked?
    There is no obligation on the part of the authorities to warn you of the process or the fact that
    you face revocation. It is assumed that you will be familiar with the Road Traffic (New Drivers)
    Act 1995.

    © Motor Lawyers Limited. All rights reserved.


    All logos and graphics are either registered trademarks or trademarks of Motor Lawyers Limited.

    www.motorlawyers.co.uk | Free & Fixed Fee Legal Advice | www.drivingban.co.uk


    Is there any way I can avoid revocation of my driving licence?
    Yes. Whilst revocation is automatic if you reach 6 points, if you can prevent points being
    endorsed, you can avoid revocation. Consequently, for some offences it may be more practical
    to obtain a short period of disqualification by way of a punishment instead of penalty points.
    Although to achieve this, you will have to attend Court, if you can convince the Court to
    impose a punishment that avoids penalty points, you will avoid revocation.

    It is important to understand that whilst the Court has no discretion on whether revocation is
    imposed should you reach 6 points, it does have discretion on the punishment imposed and
    therefore, avoiding points will avoid revocation. This will require technical knowledge of the law
    so you should seek legal advice if you chose to go to Court.

    My licence has been revoked. Can I appeal?


    There is no appeal process via the DVLA so if you have accepted fixed penalties, you have little
    option but to apply to retake a driving test. If revocation has followed a Court hearing, you can
    appeal that decision to a higher Court. You have 21 days in which to lodge an appeal and the
    revocation will be suspended pending the outcome of the appeal hearing, as long as you lodge
    a copy of the appeal with the DVLA.

    I have received 6 points but I've not been told that my licence has been revoked. Can
    I continue driving?
    In the normal course of events the DVLA would write to you giving you 5 days notice of
    revocation. If you have not received such a letter, it is quite feasible that it has simply got lost
    in the post and revocation has been imposed without your knowledge. You should check with
    the DVLA to establish the status of your licence. If it has been revoked and you continue to
    drive, you not only commit the offence of driving otherwise than in accordance with your
    licence, but this would also invalidate your insurance which would lead to a further
    prosecution.

    My licence was revoked so I have retaken and passed the driving test. Are my
    penalty points removed from my licence?
    No. The points remain valid for 3 years from the date of conviction but you are not subject to
    any further probationary period or terms as a new driver. If you reach 12 points within any 3
    year period, you would be subject to a totting up disqualification, as would any other driver.

    Does it follow that the New Drivers Act only applies once?
    Yes. If your licence is revoked and you then re-pass your test, you will not be subject to the
    New Drivers Act from that point onwards.

    © Motor Lawyers Limited. All rights reserved.


    All logos and graphics are either registered trademarks or trademarks of Motor Lawyers Limited.

    www.motorlawyers.co.uk | Free & Fixed Fee Legal Advice | www.drivingban.co.uk


    I am a new driver. If I receive an instant driving ban do I have to re–sit the driving
    test?
    No. You would not normally have to re–sit your test unless this was a specific term of the
    penalty imposed by the Court. In the normal course of events, you would simply serve the
    disqualification period and your licence would then be reinstated. For a ban in excess of 56
    days, you would have to formally apply for your licence to be reinstated but this does not
    require you to take any further test.

    I already have 6 penalty points on my provisional licence. Can I actually take a


    driving test and if I pass, will my licence be revoked immediately the full licence is
    issued?
    Although the points on your provisional licence will remain valid until they expire on their third
    anniversary and thus would be transferred to your full licence, they would not prevent you
    from taking your driving test. If you pass, a full licence will be issued with the existing
    endorsements detailed. Whilst they remain valid, any further offence within your probation
    period would result in revocation if it is punished by penalty points.

    Can my provisional licence be revoked?


    No. The New Drivers Act only applies to full, not provisional licences.

    I passed my car test many years ago but I have now passed a bike test, am I subject
    to the New Drivers Act?
    No. The Act only applies to the first full test that you pass. By adding a further category to
    your licence, you do not start afresh as far as the New Drivers Act is concerned.

    I have swapped my foreign licence for a UK licence. Am I subject to the provisions of


    New Drivers Act?
    No. The Act is only triggered when you pass a full UK driving test. If a licence has been
    granted without you having to pass a driving test, the New Drivers Act does not apply.

    I hold a foreign car licence. I swapped it for a UK car licence. I now want to take a
    UK bike test. How does this affect things?
    As this is the first full UK test you have ever taken, if you pass, you will be subject to the New
    Drivers Act. This means that if you then reach 6 points in the next 2 years, whether it be in the
    car or on a bike, your UK licence will be revoked.

    © Motor Lawyers Limited. All rights reserved.


    All logos and graphics are either registered trademarks or trademarks of Motor Lawyers Limited.

    www.motorlawyers.co.uk | Free & Fixed Fee Legal Advice | www.drivingban.co.uk

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