New Drivers Act – Reaching 6 Points
Avoiding the Revocation of your licence
The Road Traffic New Drivers Act 1995 (the New Drivers Rules) requires new drivers to complete a 2-year probationary period from the date they pass their practical test and obtain their licence.
This means that your licence will be automatically revoked by the DVLA if you accumulate six penalty points or more within those 2 years. There is no court hearing or appeal process for this revocation – it happens automatically once six penalty points are recorded on your licence.
A revocation under the New Drivers Act means that your licence will be cancelled. You will have to reapply for your provisional licence and then pass both theory and practical tests again before you can obtain a full driving licence.
This can be very costly and leave you in limbo, unsure when you will be able to drive again. This can have serious implications for your ability to work/study, etc.
If you have a family or dependents who rely on you being able to drive, the consequences can be severe.
What can be done to avoid revocation?
The key to avoiding licence revocation is preventing the accumulation of six penalty points. Even minor infractions can quickly add up – for example, using a mobile phone while driving (6 points) or two speeding offences (3 points each) would reach the six penalty points threshold.
If you find yourself in the situation of having accumulated six points, we first need to assess whether there are any defences or special reasons to avoid endorsing your licence.
If you do not have a defence or special reasons, it may be possible to ask the court to impose a disqualification instead of penalty points.
Disqualification will not trigger the revocation of your licence in the same way as penalty points.
What is the difference between disqualification and revocation?
A driving ban is for a set period of time. Once the ban expires, you will be able to drive again.
If your licence is revoked, you cannot drive until you have passed your driving test again. You can reapply for your provisional licence straight away and retake your tests as soon as you are able to book them.
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New Driver FAQs
What happens to points I got before I passed my test?
Any points which were imposed before a test will be taken into account for a 3 year period from the date of the offence.
Therefore if you pass your test with 3 points already on your licence (from a year ago) and then get caught going through a red light a few weeks after passing your test, you would get a further 3 points.
This would bring you to 6 in total and as you are within your probation period, your licence will ordinarily be revoked. If you already have 6 points at the time of passing your test, but don’t attract any more points within the next two years, your licence will be safe.
What if I've already sent my driving licence off to have the points put on?
Once you’ve sent your licence off to DVLA for the points to be added, there’s not a lot you can do.
You can try and contact DVLA before they automatically revoke your licence stating that you no longer wish to accept the Fixed Penalty and that you wish to have the matter dealt with in court. However, if they’ve already processed it, then unless it’s because they’ve made an error you’re likely to have to accept it.
If I already have 6 points, can I still take my driving test?
Yes. If you pass your test your licence will not be revoked unless you get more penalty points within the 2-year probationary period.
The points you have already accumulated before passing your test will still be taken into account. This means if you have 6 points before taking your test, your licence will be revoked if you get another 3 points within 2 years.
t with hindsight, he may have acted differently.
What's the difference between licence revocation and disqualification?
Revocation under the New Drivers Act means your licence is cancelled completely – you revert to being unlicensed and must apply for a new provisional licence. Disqualification is a temporary ban imposed by a court for a specific period. After revocation, you must retake both tests to drive again, whereas after a disqualification, you typically get your licence back automatically once the ban expires.
What offences commonly lead to six penalty points for new drivers?
Several driving offences can result in six penalty points or more in a single incident. These include using a mobile phone while driving, driving without insurance, and some speeding offences. For new drivers, even a single serious offence can therefore trigger licence revocation. Other offences typically carrying 3 points (like running a red light) will lead to revocation if you commit two of them within your probationary period.
Does the 'exceptional hardship' argument apply to New Drivers Act revocations?
No. The ‘exceptional hardship’ argument that can sometimes prevent a driving ban when reaching 12 points does not apply to New Drivers Act revocations. The six-point revocation is automatic and mandatory, regardless of your personal circumstances or need to drive.
How soon after revocation can I take my driving tests again?
There is no mandatory waiting period after your licence is revoked under the New Drivers Act. You can apply for a new provisional licence and book your theory and practical tests immediately. However, you cannot legally drive (except as a learner with appropriate supervision) until you have passed both tests again.
How will licence revocation affect my insurance premiums?
Insurance premiums typically increase significantly following licence revocation under the New Drivers Act. This is because the revocation is linked to penalty points, which insurers view as evidence of higher risk. Additionally, you’ll be classified as a new driver again when you pass your test, which also attracts higher premiums.
Does the New Drivers Act apply to drivers who passed their test outside the UK?
Yes. The New Drivers Act applies to all drivers who hold a UK licence, regardless of where they originally passed their test. If you exchange a foreign licence for a UK one, you’ll be subject to the two-year probationary period from the date of your original test pass.
If I take a speed awareness course, will it prevent points counting towards the six-point limit?
Yes. If you’re eligible for and complete a speed awareness course for a speeding offence, you won’t receive penalty points for that specific offence. This can be crucial for new drivers, as it may help you stay below the new drivers act six-point threshold that triggers licence revocation.
Does the two-year probationary period restart if I pass a test for a different vehicle category?
No. The two-year probationary period under the New Drivers Act only applies once, from the date you first pass a driving test. Passing tests for additional vehicle categories (such as motorcycles or HGVs) does not create a new probationary period.
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