Avoiding the Revocation of your licence
The Road Traffic (New Drivers) Act 1995 (referred to as the New Drivers’ Rules) says that new drivers are subject to a 2 year probation period from the date they pass their practical test and obtain their licence.
This means that your licence will be revoked by DVLA if you reach 6 or more penalty points within those 2 years.
A revocation 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 can mean that you are left in limbo, not knowing exactly when you be able to drive again. This can have serious implications on your ability to work/study etc.
If you have a family or dependants who rely on you being able to drive, the consequences can be severe.
What can be done to avoid revocation?
First we need to look at whether there are any defences or special reasons to avoid the endorsement of 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. After the ban expires, you are 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.
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