How long will he be banned for

[madasamuppet]

Unfortunately my son who is 18 next month passed his test in April and within 5 days he had had an accident on a country road (tried to overtake came upon a bend seen another car coming and cut back in behind car he was trying to overtake because he knew could not do the maneovre (sp) lost control and landing in ditch upside down on his side of the road) thankfully he and friend were okay but when police were called he was charged with reckless driving. he has just been up to court and was given 8 points on his licence and £220 fine. Now we realise that he will get a ban but when judgement was made the judge did not tell him how long and sent his ruling to DVLA for their findings. Can any one shed light on this for us. Is it up to judge to enforce how long a ban if any or the DVLA or is my son coming it and not wanting to let on.
Also if he is banned what is the protocol for new drivers after they have had a ban and want to resume driving.
thanks in advance for any advice.

[berrti]

If he was given 8 points then he will not be banned. What happens is that because he has recieved 6 points within the first 2 years of having his licence DVLA will put him down to a provisional licence again and he will have to resit his test.

[madasamuppet]

So basically the dvla will send him a provisional licence and he will have to resit his test and if passes again can be driving again as soon as gets a test date and passes. That better news for him then, we were under the impression he would be banned for a period of time. So because he got 8 points what happens to the other 2 points, being that six makes him a provisional again, do they go onto any full licence if he passes or are they fogotten abouts. confusing

[digibox]

He will have to redo both the theory and practical tests in order to gain his licence back under the "new drivers act".When this has been done the 8 points will be put on his new licence and stay there for three years,the biggest problem he will face now will be the cost of insurance with the points on his licence,but on a brighter note at least he and everyone involved is ok.Hope this helps.

I tried to post a website for you with information but couldnt,if you google New Drivers Act then click on the "direct gov" link to it you will get all the required info.

[madasamuppet]

thanks for that will do the google thing so get better idea and head round it.

[patdavies]

Originally Posted by madasamuppet

So basically the dvla will send him a provisional licence and he will have to resit his test and if passes again can be driving again as soon as gets a test date and passes. That better news for him then, we were under the impression he would be banned for a period of time. So because he got 8 points what happens to the other 2 points, being that six makes him a provisional again, do they go onto any full licence if he passes or are they fogotten abouts. confusing

What he will get from the DVLA is a letter telling him that his licence is revoked. Until such time as that letter is served, he can continue to drive on his full licence. Revocation is nothing to do with the Court, it is an administrative function of the DVLA.

Once he has the letter, he can apply and pay for a provisional licence and then take his test (theory and practical) again. Once he passes them a second time, his licence cannot be revoked under the Act - it only applies to the first licence.

Both his provisional licence and his subsequent full licence will have the 8 points on for 4 years (they count for 3 years for totting-up). So another 4 points within the next three years will see him disqualified (banned) for a minimum of 6 months.

[seftonview]

Originally Posted by patdavies

What he will get from the DVLA is a letter telling him that his licence is revoked. Until such time as that letter is served, he can continue to drive on his full licence.

I would add though that he must notify his insurer that he has been convicted and 'awarded' eight points, or his insurance cover is likely to be invalidated.