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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.
Contact
us if you are facing revocation
and want our help.
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