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6 Points on a Provisional. Is it a BAN or NO-BAN??
9 Answers
I am 19, i recently recieve 6 points on my Provisional and a 350 pound fine, for driving without a full licence, without insurance and tax. I have asked a number of people, and no-one has a correct answer. Is it a Ban and if so how long for?
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You are not disqualified. "Totting" rules for all drivers mean that if you gain 12 or more points within three years you are banned for a minimum of 6 months.
However, new drivers (those who have recently passed their driving test) have a period of probation for two years. If you gain six or more points within two years of passing your test your full licence is revoked by the DVLA and you revert to provisional status. You then have to pass your test again (both parts).
Points gained prior to passing your test are included, but only if you gain more points after passing your test.
For you this means that ANY points you gain after finally passing your test will lead to revocation (as you already have six).
However, new drivers (those who have recently passed their driving test) have a period of probation for two years. If you gain six or more points within two years of passing your test your full licence is revoked by the DVLA and you revert to provisional status. You then have to pass your test again (both parts).
Points gained prior to passing your test are included, but only if you gain more points after passing your test.
For you this means that ANY points you gain after finally passing your test will lead to revocation (as you already have six).
Can I just add that although I dont know about provisional drivers, 12 points for ordinary drivers is not an automatic ban. In some circumstances you are allowed to continue driving with the 12 points (usually after arguing your case in court as my friend had to do), ie if the car is essential to your job
Yes, chazza, you can argue that �exceptional hardship� would be caused by such a disqualification.
This is a difficult argument with which to succeed and it is entirely at the magistrates� discretion whether to accept it or not. The circumstances you mention (that driving is essential to your job) is not usually sufficient by itself. Bearing in mind that to receive such a ban you have to commit a minimum of two, and more usually four offences within three years, most Benches take the view that drivers who need to drive for their work have adequate opportunity to moderate their driving to stay within the law. The possible loss of employment is something they should have forseen and considered and is not "exceptional".
A couple of further points worth a mention on this topic:
- The "exceptional hardship" argument is only available for disqualifications which would be imposed under the "totting up" rules. It is not available where a single offence has attracted a ban.
- If you are successful with the exceptional hardship argument, the same reasons cannot be used to avoid a totting up ban within three years.
This is a difficult argument with which to succeed and it is entirely at the magistrates� discretion whether to accept it or not. The circumstances you mention (that driving is essential to your job) is not usually sufficient by itself. Bearing in mind that to receive such a ban you have to commit a minimum of two, and more usually four offences within three years, most Benches take the view that drivers who need to drive for their work have adequate opportunity to moderate their driving to stay within the law. The possible loss of employment is something they should have forseen and considered and is not "exceptional".
A couple of further points worth a mention on this topic:
- The "exceptional hardship" argument is only available for disqualifications which would be imposed under the "totting up" rules. It is not available where a single offence has attracted a ban.
- If you are successful with the exceptional hardship argument, the same reasons cannot be used to avoid a totting up ban within three years.
newton. im sorry to say mate but your a loser. Driving on a provisional, no insurance or tax?? Are you effing kdding me? DO yo have no morals? DO your parents not give a fook?
People like you deserve to be put to sleep....permanently!
Eff off and I hope you fails your retestsover and over again. People like you dont deserve to be on the road. MUG!
People like you deserve to be put to sleep....permanently!
Eff off and I hope you fails your retestsover and over again. People like you dont deserve to be on the road. MUG!
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