Driving without a full licence.

[Alexandria_M]

The situation: My younger brother, whom I love, but is nonetheless immensely irresponsible, was caught driving unsupervised and without a full driving licence. The fool actually passed his driving test 3 years ago but did not apply for his full licence within the two year time limit stipulated. The vehicle he was driving is taxed and has a valid M.O.T certificate, and my brother is a named driver on the insurance policy.

He has been summoned to appear at the magistrates' court for the offence of driving a motor vehicle otherwise than in accordance with a licence authorising him to drive a motor vehicle of that class. I believe the penalty for this offence is 3 � 6 points and a fine up to �1000. However, as he did not have a full licence, I imagine this would invalidate his insurance � the penalty for driving without insurance being 6 � 8 points and a fine up to �5000.

My questions: Although the case brought against him is for driving without a valid licence, could this be changed to driving without a valid licence and insurance? Should he be found guilty of driving without a full licence, and get in the region of 6 points on his licence, would this result in ban of some kind � or would he be able to take a driving test? (He currently has no points on his provisional licence).

Would it be more beneficial for him to plead guilty by post, or plead guilty in person? Finally, subsequent to being found guilty, will he have a criminal record, and will his details be stored on the Police National Computer?

Thank you for any assistance you may provide.

Alexandria McRae

[New Judge]

You can stand by for differences of opinion in answers to this question.

I believe he will not be liable to a charge of driving with no insurance. Most policy wording states something like �.. the driver must not be disqualified from holding or obtaining a licence�.

Not holding a licence (or driving otherwise than in accordance with one) is not the same as driving whilst disqualified. Insurers are obliged to cover Third Party risks for vehicles and drivers that they insure provided the driver is not disqualified. If the offence committed by your brother automatically invalidated insurance then there would never be a �stand alone� case of driving otherwise in accordance brought to court. A look at your local court�s traffic list will show that there are many such cases brought.

There is no possibility of an additional charge being sprung upon him at the court. Although up to six points can be awarded for the licence offence the usual penalty is three points and a fine of half a week�s income.

He should certainly enter a guilty plea (this will reduce the fine � but not the points � by a third). He should ideally do this in person. This will also give him the opportunity to tell the Court that he had passed his test. He should take documentary evidence of this if he has it.

Yes, his details will be stored on the PNC system and with the DVLA. Again there will be some difference of opinion on AB, but my belief is that, whilst the police may treat them differently, motoring offences are criminal convictions.