New Drivers - The Rules
Am I a new driver?
You are classed as a new driver for the first two years after you pass a relevant driving test. A relevant driving test can be a full car licence or a full motorbike licence.Therefore you are not a new driver if you passed a car test 7 years ago and a motorbike test 1 year ago and vice versa.. The two years run from the date that you pass your test.
What are the implications?
If you are a new driver and you accumlate 6 points, or more, during the first two years (your "probationary period") your licence will be revoked by the DVLA and you will have to sit a full retest. This is not at the discretion of the court. There is no point pleading for leniency. The magistrates have very little discretion when it comes to imposing the points (if you are guilty of the offence) and they do not play a role it making the decision to revoke - this is carried out administratively at the DVLA after they are ntoified of the points by the court. There is no point in begging the administrative staff at the DVLA the process is automatic and they have no discretion.
I have got 6 points on my provisional licence, can I sit my test and if I do will my licence be revoked?
Yes you can sit your test and no your licence won't be revoked!
However, if you get any more points during your probationary period your licence will be revoked.
The offence occured within probationary period, but Court hearing date is after will I revoke?
If the points mean that the total number on your licence add up to 6 or more and the most recent offence occured during your probationary period then yes you will revoke.
It doesn't matter what date the points are put on your licence, the important date is the date of the offence. If that date appears to have been within your probationary period then your licence will be revoked.
Is there anyway to avoid revocation?
Yes, but its not easy.
If you defend the allegation succesfully then there will be no points and no revocation.
If you make a special reasons argument and the magistrates agree there will be no points.
If the magistrates agree to give you a discretionary ban rather than the points - they will only normally do this if a ban is an option according to their sentencing guidelines.
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