Driving licence taken! Jail?

[New Bill G]

I noticed this site is mostly about debt, but I’m a member anyway and I have an important DVLA question.

 

It is for my 19 year old cousin in south London who got 3 points for speeding (sp30) in summer 2008. He has held his licence for less than a year at this point!!

 

Later that year in Dec 08, he was caught and filmed by an unmarked police car driving next to him committing 2 offences at the same time, 3 points each: speeding, and under-taking someone (dangerous driving).

 

When the police man pulled him over and explained that he would get 6 points in one go, plus have his licence taken and probably do 6 months in prison (harsh but is it true?), my cousin pleaded that he has a squeaky clean record etc. The police man (aware he has 3 points already) said he will let him off the speeding offence, and only charge him with the dangerous driving one.

 

Right, so my cousin has managed to evade jail and 9 points, so now has 6 points in total within his first two years of driving. He knows that he will lose his licence and need to re-take his driving test.

 

He needed to send his licence back to the DVLA, which he did, but they sent him a 2-month temporary licence back which expires at the end of Feb 09. I advised him that he shouldn't drive with this temp licence (because he is already banned), but he has been doing so anyway at his own risk. My concern is what will happen to him if caught driving with that temp licence?

 

Recent amendments to the law have left most motorists unsure about what it takes to go to jail these days! Can anyone who knows for sure shed any light please?

 

Thanks in advance...

[dx100uk]

Driving Whilst Disqualified - FAQ - Driving on a Ban

 

dx

[New Bill G]

Thanks for that link dx100uk. I made a minor mistake while writing my post. After my cousin was caught that day, he was given a producer, and took his licence to his local police station. IMMEDIATELY after handing over his licence, they gave him a yellow temporary one. Why? And they told him to await a letter (unsure if its from police or DVLA) confirming what will happen to him. He is still waiting for that!

 

As I said, I stand by my advice telling him not to drive, but he is driving with this temp licence anyway.

 

Question: Why did the police issue him with a temp licence? It says nothing about that on the driving ban website!

 

Thanks...

[patdavies]

Your cousin is not banned from driving. DX100UK's link does not apply to him - he is not disqualified.

 

What happens when a new driver wins 6 or more points in the first two years of driving is that his licence is revoked - this is not the same as disqualification. Revocation is a purely administrative procedure by DVLA and does not relate to the offence(s) nor involve the Courts in any way.

 

He is at liberty to continue driving with his temporary licence until he receives a revocation notice from DVLA revoking it. At which point he reverts to provisional status and must take both tests again.

 

Once he has taken his test again, he will get a new full licence with all the points on it and the new driver revocation rules will no longer apply.

 

New Drivers Act 1995 s.2(3-4)

Subsection (4) applies where— (3)(a) a person’s licence and its counterpart have been sent to the fixed penalty clerk under section 54(7) of the [1988 c. 53.] Road Traffic Offenders Act 1988 or delivered to the fixed penalty clerk in response to a conditional offer issued under section 75 of that Act;

(b) the offence to which the fixed penalty notice or the conditional offer relates is one involving obligatory endorsement;

© the fixed penalty clerk endorses the number of penalty points to be attributed to the offence on the counterpart of the licence;

(d) the penalty points to be taken into account by the fixed penalty clerk in respect of the offence number six or more;

(e) the licence shows the date on which the person became a qualified driver; and

(f) it appears to the fixed penalty clerk, in the light of the particulars of the offence endorsed on the counterpart of the licence and the date so shown, that the offence was committed during the person’s probationary period.

(4) Where this subsection applies, the fixed penalty clerk—

(a) may not return the licence and its counterpart under section 57(3) or (4) or 77(1) of the [1988 c. 53.] Road Traffic Offenders Act 1988; but

(b) must send them to the Secretary of State.

This is why he has been issued a temporary licence. Sending to the SoS, means sending to the DVLA which acts on his behalf.

 

New Drivers Act 1995 s.3

(1) Where the Secretary of State receives—

(a) a notice sent to him under section 2(2)(a) of particulars required to be endorsed on the counterpart of a person’s licence, or

(b) a person’s licence and its counterpart sent to him in accordance with section 2(2)(b) or (4),

the Secretary of State must by notice served on that person revoke the licence.

(2) A revocation under subsection (1) shall have effect from a date specified in the notice of revocation which may not be earlier than the date of service of that notice.

Edited February 4, 2009 by patdavies

[New Bill G]

I see, I thought revoke meant the same thing as disqualification! So the copper was trying to scare him with all that talk about jail then!

 

So his temp licence expires at the end of Feb then he cant legally drive anymore. What if he still hasn't received his revocation notice by then? Is there a legal loophole that he can take advantage of if the DVLA fail to issue him a revocation notice??

 

Thanks

[New Bill G]

Just spoke to my cousin, there is a little confusion. On his temp licence it says it is valid for 2 months, but there is no "expiry date".

 

He was stopped on Dec 4th, and handed in his licence on Dec 11th. It is not clear whatsoever if the 2 months starts from the date of offence, or the date the temp licence was issued.

 

It also says on the temp licence that it expires either when the revocation letter comes through, or 2 months, whichever comes first.

 

As there is no sign of the revocation letter yet, he is unsure if it expires on 4th Feb (today) or 11th Feb!

 

Has anyone been in this situation before?

 

Thanks...

[dx100uk]

thanks pat

beat me to it!

 

dx

[patdavies]

I see, I thought revoke meant the same thing as disqualification! So the copper was trying to scare him with all that talk about jail then!

 

So his temp licence expires at the end of Feb then he cant legally drive anymore. What if he still hasn't received his revocation notice by then? Is there a legal loophole that he can take advantage of if the DVLA fail to issue him a revocation notice??

 

Thanks

 

His licence is not revoked unless and until a revocation notice is served (see the quote from the Act above). If DVLA fail to serve the notice, then he keeps his full licence. However, if they can provide proof of posting to the address on his licence, then that is enough).

 

The purpose of the temporary licence is to act as a replacement when he surrenders his for the points/offence code to be added. Two months should be ample time for this and for his licence to be returned (or the revocation letter issued). You need to prod DVLA I'm afraid. Start by contacting the Police and HMCS to be sure that the licence isn't still sitting in a pile there - if so, they should issue a new temporary lci

 

In the meantime, as he is not disqualified and has not received a notice of revocation, I believe he can continue to drive with the (expired) temporary licence.