London Drinker Magazine (Dec/Jan Issue)
Crosswords14 mins ago
Law
If a person has got 12 points on his licence and of course licence taken - how does that person have to wait until he/she is allowed to drive and also do they have to sit a driving test all over again. thanks
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“No i don't. I just can't be bothered for a futile discussion.”
I don’t wish to be unkind, spathi, but what I think you can’t be bothered with is accepting that you clearly gave totally incorrect information in response to a factual question. I believe this is not the first time you have mentioned this business of a person who has been disqualified having to re-take a driving test. In fact you made two completely incorrect assertions which had a direct relevance to jennyjoan’s question. I quote:
“If your license is taken away from you then there will be a disqualification period and you will need to re-apply like a new driver.”
This is completely incorrect as I and others have pointed out. In fact it is extremely rare for a driver who is disqualified being forced to take a re-test. Even in the case of “New Drivers” who gain six points in their first two years, the revocation of their licence does not normally follow a disqualification as (somewhat perversely some may think) only six or more points invoke the revocation, whereas disqualification does not.
And then:
“By law, you cannot apply for a driving licence before your disqualification period has ended.”
It is perfectly normal for drivers to apply for a new licence a short while before their disqualification is up. If they could not do so, their disqualification period would be automatically be increased by the time taken for them to obtain a new licence. For added information, drivers subject to a ban of less than 56 days do not have to surrender their licence at all; it is simply suspended for the period of their ban and they can resume driving using it as soon as their ban comes to an end.
If you make an error, far better to put your hands up immediately rather than trying to muddy the waters.
I don’t wish to be unkind, spathi, but what I think you can’t be bothered with is accepting that you clearly gave totally incorrect information in response to a factual question. I believe this is not the first time you have mentioned this business of a person who has been disqualified having to re-take a driving test. In fact you made two completely incorrect assertions which had a direct relevance to jennyjoan’s question. I quote:
“If your license is taken away from you then there will be a disqualification period and you will need to re-apply like a new driver.”
This is completely incorrect as I and others have pointed out. In fact it is extremely rare for a driver who is disqualified being forced to take a re-test. Even in the case of “New Drivers” who gain six points in their first two years, the revocation of their licence does not normally follow a disqualification as (somewhat perversely some may think) only six or more points invoke the revocation, whereas disqualification does not.
And then:
“By law, you cannot apply for a driving licence before your disqualification period has ended.”
It is perfectly normal for drivers to apply for a new licence a short while before their disqualification is up. If they could not do so, their disqualification period would be automatically be increased by the time taken for them to obtain a new licence. For added information, drivers subject to a ban of less than 56 days do not have to surrender their licence at all; it is simply suspended for the period of their ban and they can resume driving using it as soon as their ban comes to an end.
If you make an error, far better to put your hands up immediately rather than trying to muddy the waters.
You only have to resit the driving test if the court orders it, as an additional penalty. Normally you just start to drive once the disquaification is over. The 're sit test' is a LOT more difficult than the ordinary one. It is called an 'extended driving test'. The court does not actually 'take' your licence . You keep it but just can not use it ! I once got a 6 month ban. I started driving again at 7am the day the ban had ended.
//Well you'd be wrong because i happily accepted i was wrong at 14:16//
Did you? Then it must be my misunderstanding. All you did at 14:16 was to encourage me to see your link. The only link you had provided up to then was to the general instructions provided by the government for people wishing to apply for a new licence following a ban. Those instructions make no mention of re-taking a test other than for “New Drivers” (which I covered). In fact at 14:17 you said this:
//You must apply for a new licence to drive again if:
you’ve been disqualified from driving
your licence has been cancelled (‘revoked’)//
As I said, must be my misunderstanding. But the argument is not futile if the information you provided contradicts the correct answer to a factual question.
You are not quite correct, Eddie. Only if the ban is for less than 56 days does the driver keep his licence. As I mentioned, in that case it is simply suspended for the duration of the ban. For longer disqualifications the licence is retained by the court and revoked. Even if the driver does not surrender it, it is no longer valid. A new one has to be applied for.
The extended re-test you mention is only applicable where a court has ordered a re-test following an offence which carries a mandatory ban. In the case of Dangerous Driving or Causing Death by Dangerous Driving the court MUST order an extended re-test. For other offences attracting a mandatory ban the order of a re-test is discretionary (and in fact rarely used), but if ordered it must be an extended re-test. Where a court orders a re-test following a discretionary ban it will be a normal re-test. Finally, a court plays no part in the “New Drivers” revocation and re-test. A New Driver reaching six points has his licence revoked administratively by the DVLA and there is no discretion available to the court nor is there any appeal against revocation available. But the re-test is a normal test.
Hope this makes everything clear! But I do know my motoring law and will be happy to take questions! :-)
Did you? Then it must be my misunderstanding. All you did at 14:16 was to encourage me to see your link. The only link you had provided up to then was to the general instructions provided by the government for people wishing to apply for a new licence following a ban. Those instructions make no mention of re-taking a test other than for “New Drivers” (which I covered). In fact at 14:17 you said this:
//You must apply for a new licence to drive again if:
you’ve been disqualified from driving
your licence has been cancelled (‘revoked’)//
As I said, must be my misunderstanding. But the argument is not futile if the information you provided contradicts the correct answer to a factual question.
You are not quite correct, Eddie. Only if the ban is for less than 56 days does the driver keep his licence. As I mentioned, in that case it is simply suspended for the duration of the ban. For longer disqualifications the licence is retained by the court and revoked. Even if the driver does not surrender it, it is no longer valid. A new one has to be applied for.
The extended re-test you mention is only applicable where a court has ordered a re-test following an offence which carries a mandatory ban. In the case of Dangerous Driving or Causing Death by Dangerous Driving the court MUST order an extended re-test. For other offences attracting a mandatory ban the order of a re-test is discretionary (and in fact rarely used), but if ordered it must be an extended re-test. Where a court orders a re-test following a discretionary ban it will be a normal re-test. Finally, a court plays no part in the “New Drivers” revocation and re-test. A New Driver reaching six points has his licence revoked administratively by the DVLA and there is no discretion available to the court nor is there any appeal against revocation available. But the re-test is a normal test.
Hope this makes everything clear! But I do know my motoring law and will be happy to take questions! :-)
Lets have a case study for clarity:
(lets imagine)
I've been driving 5 years. I have obtained 9 points on my license in the past 2 years. I then get three more, and I receive a driving "ban" for 1 year.
After the year is up, would it be correct in saying i apply for my licence as a new driver would?
(lets imagine)
I've been driving 5 years. I have obtained 9 points on my license in the past 2 years. I then get three more, and I receive a driving "ban" for 1 year.
After the year is up, would it be correct in saying i apply for my licence as a new driver would?
No you would not be correct, spathi.
Firstly, you would be most unlikely to receive a twelve month ban for "totting up". Six months is the minimum (unless a successful "Exceptional Hardship" argument is presented) and is nearly always the maximum. It is the "standard" period for a totting up ban. However, that is by the way.
When your ban is over you will need to apply for a new licence but that licence will be a full one, covering the vehicle group(s) that your old one did. You would not be required to take a further test.
Firstly, you would be most unlikely to receive a twelve month ban for "totting up". Six months is the minimum (unless a successful "Exceptional Hardship" argument is presented) and is nearly always the maximum. It is the "standard" period for a totting up ban. However, that is by the way.
When your ban is over you will need to apply for a new licence but that licence will be a full one, covering the vehicle group(s) that your old one did. You would not be required to take a further test.
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