Hi legal types,
The DVLA sent me a letter that I received on the 19th November stating that my licence has been 'revoked' by them from the 16th November.
My questions are:
a) If I was not aware my licence had been revoked, I was legally not insured when I was driving on the 16th, 17th and 18th November.
b) Surely only a court can revoke a licence ? Is this revocation by DVLA even legal ?
I'm too busy with my own caseload to do the research on this, can someone knowledgeable help me out?
cheers folks.
oh yes, forgot that bit. I have to send my licence off to DVLA for 3 points to be removed, then put back on !
I emailed & called DVLA to ask if this was necessary as the 3 points, code and offence date were already present but the answer has been a bit slow.
My licence is in the post to DVLA now but won't be sorted in time before I have to drive for work next week ...
What did you do to cause the revocation of your licence? You must have done something wrong, the DVLA do not revoke a licence for no reason.
The DVLA not the courts issue licences so the DVLA can revoke them.
as a digression, I cannot believe the IT system at DVLA is so pre-historic they still write points on the paper counterpart licence and the computer system is at odds even with this record !
As Eddie has correctly said, the DVLA giveth and the DVLA taketh away. They have the power to revoke driving licences but they do not have the power to disqualify you from driving. Only a court can do that.
If you do drive without a licence (because it has been revoked) you can only be charged of driving without a licence. The maximum penalty for this is a fine of £1,000 (compared to six months custody if you drive whilst disqualified). However, you need to bear in mind that you would almost certainly be driving without insurance if you drive with your licence having been revoked.
You have not explained why the DVLA has seen fit to revoke your licence. This may elicit some more helpful answers.
NJ:
From the information in my link, plus IP's post at 1725, it would appear that IP didn't return his driving licence to DVLA within 28 days of being required to do so.
Indeed, I was meant to return my licence for the points to be added but like a fool I decided to argue the point with the DVLA that returning a licence for 3 points to be removed and then replaced seemed a waste of everyone's time. It has been this delay in returning my licence that has brought about the revocation.
If the DVLA didn't add on the new points (at the same time as deleting the expired ones) they would be guilty of supplying you with a false document. (i.e. you'd have a driving licence which could potentially enable you to get a job, where a clean driving licence was required, when you shouldn't be able to do so)
a document that showed you had three points expiring today and three points starting today ( for three y or whatever )
is never gonna be the same as one that showed three expiring today.
If your bank said, you ve paid in £10 and spent £10,
and so oh sod it since they cancel out I am not gonna enter either transaction, would you say, oh yeah great ! ?
I assume, Iggle, that the three points being removed were for an old offence and the three being added were for a recent offence. If that's the case then, as Buenchico says, there is every need for your licence to be updated.
However, whatever the reason, if the DVLA ask you to return your licence to them it is foolish to argue the toss. If you do drive without getting your position clarified beware of my warning about insurance.
It's a blinkin' long story but cut short, there was an administration error and I got points both from a fixed penalty and from the local Magistrates court for the same offence - a SP30, exceeding a speed limit. I love arguing with an authority but this time I've been stung !
All's well that ends well, I have my licence back, the revocation was revoked and I got a sort of apology. I'm always right it's just that others don't realise this until they cross me...
... I'm also very modest.