ChatterBank2 mins ago
Provisional Driving Licence
32 Answers
My daughter had her licence took off her for three years.which has now gone,DVLA sent her a letter telling her she must pay £65 to get it back,which she did...it came today and it is a provisional one,meaning she has to take her test all over again.THere was no mention of this in the letter or the person she spoke to at DVLA.
Is this correct.
Is this correct.
Answers
No it is not relevant here, Chris. The "New Drivers" regulations stipulate that anyone who acquires six or more points for offences committed within two years of passing a driving test for the first time will have their full licence revoked and they will revert to provisional status. Oddly, this penalty does not apply to drivers who are disqualified (unless...
11:58 Tue 22nd Jul 2014
It says here (depending, I suppose on the offence in the first place) that it can be the case that the test has to be retaken. https:/
Here's more from that link https:/
It depends on what the ban was for, I think, and how long your daughter has been driving. You are only allowed a few points (it used to be 6) when you have first passed your test. My son had to take his test about 4 times because he racked up so many points when he first qualified. He's grown up now, thank goodness.
No it is not relevant here, Chris.
The "New Drivers" regulations stipulate that anyone who acquires six or more points for offences committed within two years of passing a driving test for the first time will have their full licence revoked and they will revert to provisional status. Oddly, this penalty does not apply to drivers who are disqualified (unless they are disqualified under the "totting up" rules for acquiring twelve points). Note also that it only applies to offences committed within two years of passing their test for the FIRST time. This means that it does not apply to someone who has held a full licence for more than two years and then goes on to take a test for a different class of vehicle. Nor does it apply to someone who has previously had their licence revoked under these regulations. You can only have your licence revoked once under these rules which makes LyndaB's description of what happened to her son somewhat puzzling.
If the DVLA has provided only a provisional licence they must believe that either:
(a) the court imposed a "disqualification until test passed". This means that at the end of the full disqualification the driver must obtain a provisional licence and pass a test again. Courts can order this for any offence but it is usually restricted to cases where a driver's ability to drive safely is questionable.
Or
(b) the original disqualification was for an offence where a mandatory re-test is necessary. Dangerous driving is one such offence and where a mandatory re-test is needed it is in the form of an extended test.
The "New Drivers" regulations stipulate that anyone who acquires six or more points for offences committed within two years of passing a driving test for the first time will have their full licence revoked and they will revert to provisional status. Oddly, this penalty does not apply to drivers who are disqualified (unless they are disqualified under the "totting up" rules for acquiring twelve points). Note also that it only applies to offences committed within two years of passing their test for the FIRST time. This means that it does not apply to someone who has held a full licence for more than two years and then goes on to take a test for a different class of vehicle. Nor does it apply to someone who has previously had their licence revoked under these regulations. You can only have your licence revoked once under these rules which makes LyndaB's description of what happened to her son somewhat puzzling.
If the DVLA has provided only a provisional licence they must believe that either:
(a) the court imposed a "disqualification until test passed". This means that at the end of the full disqualification the driver must obtain a provisional licence and pass a test again. Courts can order this for any offence but it is usually restricted to cases where a driver's ability to drive safely is questionable.
Or
(b) the original disqualification was for an offence where a mandatory re-test is necessary. Dangerous driving is one such offence and where a mandatory re-test is needed it is in the form of an extended test.
The Road Traffic (New Drivers) Act 1995 is quite clear, Lynda:
http://
Section One says this:
Probationary period for newly qualified drivers.
(1)For the purposes of this Act, a person’s probationary period is...the period of two years beginning with the day on which he becomes a qualified driver.
(2)For the purposes of this Act, a person becomes a qualified driver on the first occasion on which he passes—
(a)any test of competence to drive mentioned in paragraph (a) or (c) of section 89(1) of the M1Road Traffic Act 1988;
Note the phrases "...a person’s probationary period is...the period of two years beginning with the day on which he becomes a qualified driver.
And then;
..a person becomes a qualified driver on the first occasion on which he passes—
(a)any test of competence to drive mentioned in paragraph (a) or (c) of section 89(1) of the M1Road Traffic Act 1988;
It is the "first occasion" which is the key phrase. It is only a driver's first test which counts as the start of his probationary period of two years (during which six points sees him revert to provisional status). Once that two years is up he can no longer have his licence revoked under these rules.
So I was not quite correct to say that a driver can only have his licence revoked once. However, to have his licence revoked three times in his first two years your son would have to have (a) firstly accumulated six points (usually two offences) leading to revocation. Then (b) have passed his test again and committed a further offence leading to revocation. Then (c) passed his test again then committed a further offence leading to revocation.. All this would have to have been done within two years of passing his test for the first time.
I have seen a large number of drivers in the position of having their licence revoked for the first time. I cannot recall seeing any driver falling foul of the rules for a second time and cannot imagine a driver having the time to commit enough offences and pass his test twice to have his licence revoked on a third occasion. Apart from anything else a driver in such a position would have accumulated at least twelve points and so be liable to a complete disqualification for a mandatory period of six months. This would eat quite substantially into his two year probationary period.
So I think either (a) you do not have an accurate recollection of events or (b) he was stitched up in some way.
http://
Section One says this:
Probationary period for newly qualified drivers.
(1)For the purposes of this Act, a person’s probationary period is...the period of two years beginning with the day on which he becomes a qualified driver.
(2)For the purposes of this Act, a person becomes a qualified driver on the first occasion on which he passes—
(a)any test of competence to drive mentioned in paragraph (a) or (c) of section 89(1) of the M1Road Traffic Act 1988;
Note the phrases "...a person’s probationary period is...the period of two years beginning with the day on which he becomes a qualified driver.
And then;
..a person becomes a qualified driver on the first occasion on which he passes—
(a)any test of competence to drive mentioned in paragraph (a) or (c) of section 89(1) of the M1Road Traffic Act 1988;
It is the "first occasion" which is the key phrase. It is only a driver's first test which counts as the start of his probationary period of two years (during which six points sees him revert to provisional status). Once that two years is up he can no longer have his licence revoked under these rules.
So I was not quite correct to say that a driver can only have his licence revoked once. However, to have his licence revoked three times in his first two years your son would have to have (a) firstly accumulated six points (usually two offences) leading to revocation. Then (b) have passed his test again and committed a further offence leading to revocation. Then (c) passed his test again then committed a further offence leading to revocation.. All this would have to have been done within two years of passing his test for the first time.
I have seen a large number of drivers in the position of having their licence revoked for the first time. I cannot recall seeing any driver falling foul of the rules for a second time and cannot imagine a driver having the time to commit enough offences and pass his test twice to have his licence revoked on a third occasion. Apart from anything else a driver in such a position would have accumulated at least twelve points and so be liable to a complete disqualification for a mandatory period of six months. This would eat quite substantially into his two year probationary period.
So I think either (a) you do not have an accurate recollection of events or (b) he was stitched up in some way.
Just found more replies.
She has to take an extended test.
Had been driving for 7 years,is 40 years old,(37 at time of ban) and it was drink driving,first offence.
What happened was:She was having a row with her boyfriend(both drunk),she grabbed his car( high speed sports car at that) and drove off in it.She was not insured to drive his car only my husband`s,so got done for having no insurance as well.
Hence a 3-year ban.
So can she just book for her extended test...people are saying the Driving Test Instructor will not do the test for her.??????
She has to take an extended test.
Had been driving for 7 years,is 40 years old,(37 at time of ban) and it was drink driving,first offence.
What happened was:She was having a row with her boyfriend(both drunk),she grabbed his car( high speed sports car at that) and drove off in it.She was not insured to drive his car only my husband`s,so got done for having no insurance as well.
Hence a 3-year ban.
So can she just book for her extended test...people are saying the Driving Test Instructor will not do the test for her.??????
It is most unusual for a re-test to be ordered for a first offence of drink driving, even with an accompanying No Insurance offence. Furthermore a ban of three years for a first offence of drink-driving is excessive. The maximum length of disqualification contained in Magistrates' sentencing guidelines is indeed 36 months but this is where the reading was around four times the legal limit.
Are you sure she was not convicted of Dangerous Driving (which carries a mandatory re-test requirement) as well? What other penalty did she receive (fine/community order or whatever)?
Are you sure she was not convicted of Dangerous Driving (which carries a mandatory re-test requirement) as well? What other penalty did she receive (fine/community order or whatever)?
Driving disqualifications - GOV.UK https:/
Oh yes,and Dangerous Driving....and Yes,it went to Crown court cos she resisted arrest,didn`t stop when signaled to...I hate thinking about it!
But this is not what the original question was about...can a Driving Test Instuctor refuse to take her for her test.Would it ,maybe, better if she had a couple lessons with a driving school before applying
But this is not what the original question was about...can a Driving Test Instuctor refuse to take her for her test.Would it ,maybe, better if she had a couple lessons with a driving school before applying
Yes if it was dealt with at the Crown Court then she would have to have been charged with Dangerous Driving. Almost all other driving offences (including excess alcohol and no insurance) can only be dealt with in the Magistrates' Court.
Actually the original question queried why she had reverted to a provisional licence when coming off the disqualification but it seems we've bottomed that one out now.
By "Driving Test Instructor" do you mean an ordinary Driving Instructor? There are some driving instructors who will not teach previously disqualified drivers due to insurance problems. Many companies that hire dual control cars for teaching purposes will also not hire them to previously disqualified drivers. So that may be the problem. Since she has not driven for at least three years a few lessons may be advisable if she can find an instructor to take her. Of course any instructor can refuse to take any pupil (provided they do not break any of the discrimination laws).
Actually the original question queried why she had reverted to a provisional licence when coming off the disqualification but it seems we've bottomed that one out now.
By "Driving Test Instructor" do you mean an ordinary Driving Instructor? There are some driving instructors who will not teach previously disqualified drivers due to insurance problems. Many companies that hire dual control cars for teaching purposes will also not hire them to previously disqualified drivers. So that may be the problem. Since she has not driven for at least three years a few lessons may be advisable if she can find an instructor to take her. Of course any instructor can refuse to take any pupil (provided they do not break any of the discrimination laws).
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