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Not quite correct, ummmm.
Driving with excess alcohol carries a mandatory disqualification. The “New Drivers’” regulations stipulate that a driver who accumulates six or more penalty points within two years of passing his first test has his full licence revoked, reverts to provisional status and has to take his test again.
However, these regulations do not apply to drivers who are disqualified. (Some might – quite rightly - think this strange as disqualification usually means a more serious offence has been committed, but there it is). No points are awarded for drink-driving (you cannot be disqualified and have points awarded) so the New Drivers’ regulations do not apply.
You are certainly correct about the insurance aspect.
Driving with excess alcohol carries a mandatory disqualification. The “New Drivers’” regulations stipulate that a driver who accumulates six or more penalty points within two years of passing his first test has his full licence revoked, reverts to provisional status and has to take his test again.
However, these regulations do not apply to drivers who are disqualified. (Some might – quite rightly - think this strange as disqualification usually means a more serious offence has been committed, but there it is). No points are awarded for drink-driving (you cannot be disqualified and have points awarded) so the New Drivers’ regulations do not apply.
You are certainly correct about the insurance aspect.
TBH i think whoever your asking for needs to grow up a little. to have a license and (i am not critising in any way, as i know myself the hard work and money involved in passing your test ) get caught drinking within the first two years?
Come on, you will all moan at my comment on this stupid driver your asking for but what if this idiot harmed your child? damaged your car and his/her insurance was void because they were drinking! Think of the serious ness involved they should ban you from ever having a license if it really doesnt mean much to u
Come on, you will all moan at my comment on this stupid driver your asking for but what if this idiot harmed your child? damaged your car and his/her insurance was void because they were drinking! Think of the serious ness involved they should ban you from ever having a license if it really doesnt mean much to u
The whole idea of the mandatory retest for less experienced drivers is really a bit nonsensical
why would you punish a speeding motorist of 18 months more than a speeding driver who's held a license for 3 years - the offence is the same and should attract the same penalty.
You might claim that it shows that when they passed they didn't show their true driving style or some argument like that - but I believe the same penalty would be attached to an insurance offence which is hardly a reflection on somebody's ability to drive.
In either case why not apply it to all drivers or do we think that a more experienced driver cannot change his spots so why bother?
Strikes me that the whole thing was cooked up by politicians looking for some positive press - Hmm new drivers act 1995 - that sounds like it might have been Michael Howard about the time Jeremy Paxman was beating him up on Newsnight
why would you punish a speeding motorist of 18 months more than a speeding driver who's held a license for 3 years - the offence is the same and should attract the same penalty.
You might claim that it shows that when they passed they didn't show their true driving style or some argument like that - but I believe the same penalty would be attached to an insurance offence which is hardly a reflection on somebody's ability to drive.
In either case why not apply it to all drivers or do we think that a more experienced driver cannot change his spots so why bother?
Strikes me that the whole thing was cooked up by politicians looking for some positive press - Hmm new drivers act 1995 - that sounds like it might have been Michael Howard about the time Jeremy Paxman was beating him up on Newsnight
No it doesn't, ABerrant.
Section 5.1(a) of the Road Traffic Act covers DRIVING with excess alcohol and the penalties include a mandatory minimum 12 month disqualification (3 years if a second or subsequent offence within 10 years). Section 5.1(b) covers being IN CHARGE of a vehicle with excess alcohol and the penalties include a discretionary disqualification or the imposition of a minimum of 10 penalty points. Pages 124 and 126 of the Magistrates’ sentencing guidelines refer:
http://webarchive.nat...e_1_%202%20_3_web.pdf
If a ban is imposed (either mandatory or discretionary) no penalty points can be awarded for the same offence.
The idea of the New Drivers’ regulations, jake, is to deter new (particularly young) drivers from offending. Regardless of who introduced them they have proved very effective. Young drivers lose a lot of “street cred” if they revert to ‘L’ Plates and sometimes ask magistrates to disqualify them for a short period instead of awarding points which might take them to six or more. They also fit with the structured sentencing philosophy because, in the same way that more care should be taken in the snow, more care should be taken by inexperienced drivers. Offences committed in harsh conditions are likely to be sentenced more severely and new drivers driving beyond their capabilities can also expect harsher sentencing. The matter of revocation is not one for magistrates as licence revocation is done by the DVLA and there is no right of appeal or opportunity to put forward any mitigation.
Section 5.1(a) of the Road Traffic Act covers DRIVING with excess alcohol and the penalties include a mandatory minimum 12 month disqualification (3 years if a second or subsequent offence within 10 years). Section 5.1(b) covers being IN CHARGE of a vehicle with excess alcohol and the penalties include a discretionary disqualification or the imposition of a minimum of 10 penalty points. Pages 124 and 126 of the Magistrates’ sentencing guidelines refer:
http://webarchive.nat...e_1_%202%20_3_web.pdf
If a ban is imposed (either mandatory or discretionary) no penalty points can be awarded for the same offence.
The idea of the New Drivers’ regulations, jake, is to deter new (particularly young) drivers from offending. Regardless of who introduced them they have proved very effective. Young drivers lose a lot of “street cred” if they revert to ‘L’ Plates and sometimes ask magistrates to disqualify them for a short period instead of awarding points which might take them to six or more. They also fit with the structured sentencing philosophy because, in the same way that more care should be taken in the snow, more care should be taken by inexperienced drivers. Offences committed in harsh conditions are likely to be sentenced more severely and new drivers driving beyond their capabilities can also expect harsher sentencing. The matter of revocation is not one for magistrates as licence revocation is done by the DVLA and there is no right of appeal or opportunity to put forward any mitigation.
Quite right, AB - MUST disqualify. Page 126 (In Charge) – MAY disqualify.
With some minor exceptions, most driving offences carry an endorsement. Whether or not they attract a disqualification (mandatory or discretionary) or penalty points is a separate issue. Endorsements can be applied when no disqualification or penalty points are imposed.
For example, a driver may be convicted of speeding and no insurance (arising from one incident or "stop" by the police). He will be awarded a disqualification or penalty points for the most serious (No Insurance). His licence will be endorsed for that offence. He will receive no points or disqualification for the speeding offence, but his licence will also be endorsed for that offence.
With some minor exceptions, most driving offences carry an endorsement. Whether or not they attract a disqualification (mandatory or discretionary) or penalty points is a separate issue. Endorsements can be applied when no disqualification or penalty points are imposed.
For example, a driver may be convicted of speeding and no insurance (arising from one incident or "stop" by the police). He will be awarded a disqualification or penalty points for the most serious (No Insurance). His licence will be endorsed for that offence. He will receive no points or disqualification for the speeding offence, but his licence will also be endorsed for that offence.
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