new driver rules London

New Drivers

New Drivers are people who have passed their test within the previous 2 years. Many people think that if, during this period, they receive 6 penalty points they fall to be disqualified. However, this is not entirely correct.

If 6 penalty points are reached during that 2 year period then the court in fact have no power to disqualify you. Instead, the court have a duty to notify the DVLA who will then usually revoke (or take away) your licence, meaning that you revert to the status of a provisional (or learner) driver.

Imposing penalty points, which could then result in you being reported to the DVLA is not the only option available to the court. There are other measures available which could result in you losing your licence albeit for a much shorter period of time. Please contact Levy & Co. Solicitors in respect of this matter who will advise you further.

What if I already have 6 points on my provisional licence?

The law still permits you to take your driving test and drive if you are successful. However, if you are prosecuted for an offence which carries penalty points within the 2 year probationary period your licence will be revoked. If you already have penalty points on your provisional licence and then accumulate more, having passed your driving test, those previous penalty points will still last for 3 years. If you accumulate more penalty points then potentially your licence could be revoked.

Is there an appeals process?

Having received the 6 penalty points from the court the DVLA will revoke your driving licence and have no power to do otherwise. In terms of appealing the decision of the Magistrates to impose the points, you cannot appeal the sentence to the Crown Court. However, if you pleaded not guilty to the offence and were found guilty by the Magistrates, it is possible to appeal the fact of that conviction to the Crown Court. Levy & Co. Solicitors can argue for a licence to not be revoked pending any appeal.

QUESTIONS

What if I already have 6 points on my provisional licence?

The law still permits you to take your driving test and drive if you are successful. However, if you are prosecuted for an offence which carries penalty points within the 2 year probationary period your licence will be revoked. If you already have penalty points on your provisional licence and then accumulate more, having passed your driving test, those previous penalty points will still last for 3 years. If you accumulate more penalty points then potentially your licence could be revoked.

Is there an appeals process?

Having received the 6 penalty points from the court the DVLA will revoke your driving licence and have no power to do otherwise. In terms of appealing the decision of the Magistrates to impose the points, you cannot appeal the sentence to the Crown Court. However, if you pleaded not guilty to the offence and were found guilty by the Magistrates, it is possible to appeal the fact of that conviction to the Crown Court. Levy & Co. Solicitors can argue for a licence to not be revoked pending any appeal.