bans

[1313patsy]

If you are banned from driving within your probation period do you have to retake your test.

[Toureman]

Sometimes you do, sometimes you don't, it depends what you were being banned for.

Perhaps if your frightened of taking another test it might be a good idea for you to made to take one!

[kempie]

The Road Traffic ( New Drivers) Act 1995 provides that such drivers should apply for a provisional driving licence if they wish to continue driving and are subject to "learner" conditions until they pass both theory and practical parts of the driving test.

http://www.dvla.gov.uk/drivers/endorsem.htm

[kempie]

...I should have added that "such drivers" are those who accumulate 6 penalty points under the 'totting up' process within the 2 year probationary period and also includes any points accumulated prior to passing the first test.

[JudgeJ]

Quite right as usual, Kempie. A "new driver" disqualified for a single offence and who otherwise has not accumulated any penalty points is not automatically subject to reversion to provisional licence status.

However, in addition to the standard disqualification (where the miscreant cannot drive at all) the magistrates have the power to disqualify him "until a driving test is passed". This means he can only drive � once his conventional ban ends - if he complies with the provisional licence conditions ("L" Plates and an accompanying qualified driver). Driving without complying with the conditions would be driving whilst disqualified.

This is, in fact, a harsher condition because driving whilst disqualified is punishable by up to 6 months� imprisonment, but driving without �L� plates etc is simply a fine and points, or disqualification. The difference is that reversion to provisional status is automatic for new drivers accumulating six or more points � it is administered by the DVLA and the magistrates do not have to make an order.

Disqualification until test passed following a conventional ban has to be specifically awarded by the court. If they overlook it, then it does not take effect.

It has not been unknown for a new driver to employ an advocate to plead for a short disqualification rather than penalty points. They take the chance that the court will not award the secondary disqualification, but if successful, avoid reversion to provisional licence status.