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a bit of a sticky situation re the 6 points rule


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i'll just start this by saying i know ive done wrong and deserve whatever i get but the situation is............

 

i got pulled yesterday speeding at 83mph on a motorway. 3 points given and 28 days to decide whether to accept it or take it to court.

 

i already have an SP30 which i got 06/02/07 on a motorcycle with provisional license and CBT.

 

I have been passed my full car driving test since October 07 so im still within my first 2 years of driving so i dont know if the 6 point within first 2 years ban rule applies to me as i only got 3 of the points within the 2 years of passing, the other points were there before.

 

If it does count then my second question is if i decide to go to court with it how long will it take before i am summoned to court and will i have my license up until the court date. the only reason i ask i we have a "road trip" booked to Germany and all ferries, hotels ect are paid for. We are supposed to be leaving on the 26th of June so i could really do with keeping my license until then!

 

And i suppose one last questions would be if i can take it to court to delay the removal of my licence then what kind of fees am i likley to occour in court.

 

Help would be greatly appreciated.

Thanks in advance,

Craig

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Guest Dominic Creamer

Because the previous points are still active, and you are still within the 2 year probation, your licence will be revoked.

 

If you accept the fixed penalty notice, then you will get a letter from the DVLA telling you the date from which you can no longer drive.

 

If you decide to go to court, it may well buy you a bit more time, but it will also cost more, and will have the same result in the long run.

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If you decide to go to court, it may well buy you a bit more time, but it will also cost more, and will have the same result in the long run.

 

but the dilemma im having is that if i dont go to court and get my license took off me straight away then i loose all this money ive paid for this holiday. i know its loose loose, but do you have any idea how much, just roughly, the court fees would be?

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Guest Dominic Creamer

For a speeding offence you're looking at about £100 - plus a £15 victim surcharge. You will not lose your licence straight away, it normally takes a couple of weeks for the DVLA to realise you have six points, and to send you the revocation letter. You can still drive in the meantime.

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just having a couple of second thoughts regarding this. i know im pretty much 100% going back to been a learner and will have to re do my test but my main thing is keeping my licence until Germany, 5 weeks time. if i wait until the last minute to pay the fine will they start processing the taking of my licence from that point or have they already started that? because i have 28 days to say whether i want to accept the points and pay the fine or take it to court. so if i leave it till the 28th day then its unlikely that i'll have my licence revoked within a week isnt it?

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Guest Dominic Creamer

The points are not added to your licence until you pay the fine and send in your licence (or take it to the police station).

 

Also be aware that outside of the UK, you must physically have your licence in your possession to be able to drive.

 

I would suggest you insure one of your mates on your car.

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Guest Dominic Creamer

The point is that you have to send in your licence to be endorsed.

 

So regardless of 6 points or not, you are required to have your licence in your possession to drive in Germany.

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jlcospoon, I'd do a bit more digging on this as I believe you will find the 6 point "revocation" of your licence is for receiving 6 WITHIN the 2 year probationary period. i.e. the previous 3 points obtained before you passed your test will not be included in this "totting up". I have taken pupils to test who already have 6 points on their licence, and by that rule, if they were re-counted towards the revocation, they would immediately be told, "well done, you've passed, but now it's revoked again".

 

edit.

Just checked, and unfortunately they are. Strangely though, if you already have 6 points you can carry on driving after your test, but aren't allowed any more. :(

 

http://www.direct.gov.uk/en/Motoring/LearnerAndNewDrivers/NewlyQualifiedDrivers/DG_4022566

 

The New Drivers Act

 

Under the New Drivers Act your driving licence will be revoked if you build up six or more penalty points within two years of passing your first driving test. You’ll need to reapply for your driving licence as a learner driver and resit your driving test.

 

Penalty points gained before passing your driving test

 

Any penalty points you gain before passing your first driving test are taken into account. However, having six or more doesn’t mean your licence will be revoked straight after you pass your test.

Gaining further points after passing your test, taking your total to six or more, will mean your licence will be revoked.

Edited by crem
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If it does count then my second question is if i decide to go to court with it how long will it take before i am summoned to court and will i have my license up until the court date. the only reason i ask i we have a "road trip" booked to Germany and all ferries, hotels ect are paid for. We are supposed to be leaving on the 26th of June so i could really do with keeping my license until then!

 

 

The other alternative is to acept the offence immediately, reapply for your new provisional licence and put in for a new test as urgently as possible. I know sorting it for 26th June looks tight, but I have heard of people getting their licence back and test passed in about 3 weeks.

 

Taking it to court could be very expensive.

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edit.

Just checked, and unfortunately they are. Strangely though, if you already have 6 points you can carry on driving after your test, but aren't allowed any more. :(

 

Blimey that's crazy. That link says six or more. So you can have 9 points before taking your test and be ok, but get 6 points after taking your test and game over. Madness.

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Blimey that's crazy. That link says six or more. So you can have 9 points before taking your test and be ok, but get 6 points after taking your test and game over. Madness.

my thoughts exactly, thats just plain stupid :confused:

 

 

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Regardless of how many points you have prior to your test you should still be supervised by someone with a full licence so its not that stupid. You can have six points (or more) as a learner and still carry on driving when passing your test but the first points of any amount will have you taking the test again which cannot be a bad thing if you are that daft to get points that soon after passing a driving test.

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but the first points of any amount will have you taking the test again which cannot be a bad thing if you are that daft to get points that soon after passing a driving test.

 

2 years after passing your test would not be defined as "that soon" to many people, so that sounds a bit harsh G&M. jlcospoon has acheived 19 months since his test with no endorcements and if it weren't for the previous points he would not even be asking the question. i.e. even the New Drivers Act allows for the possiblility that everyone could fall foul of a minor penalty and therefore they don't automatically revoke your license at the first opportunity.

 

It is all too easy to pick up a couple of points for a minor infringement which doesn't even have to be a speeding offence. I agree though that 83mph is fairly clear cut.

Edited by crem
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The points on your provisional do not stop you getting your full licence but they then count as soon as you start colecting more.

 

For example, you can pass your test with 9 points. No problem.

However, the very next point(s) you collect will trigger the licence being revoked.

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The points on your provisional do not stop you getting your full licence but they then count as soon as you start colecting more.

 

For example, you can pass your test with 9 points. No problem.

However, the very next point(s) you collect will trigger the licence being revoked.

 

Isn't that what I said? ;)

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Isn't that what I said? ;)

 

I think the act said it first though G&M :)

 

The New Drivers Act

 

Under the New Drivers Act your driving licence will be revoked if you build up six or more penalty points within two years of passing your first driving test. You’ll need to reapply for your driving licence as a learner driver and resit your driving test.

 

Penalty points gained before passing your driving test

 

Any penalty points you gain before passing your first driving test are taken into account. However, having six or more doesn’t mean your licence will be revoked straight after you pass your test.

Gaining further points after passing your test, taking your total to six or more, will mean your licence will be revoked.

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To put the timetable into context.

 

If you accept the FPN, you are required to surrender your licence to have the points added. It is then sent to DVLA.

 

Once DVLA are notified, they will (should) notice that you are subject to revocation within the Act and send you a letter of revocation. You licence is (and cannot be revoked) until that letter is served. Realistically, DVLA state in the notice that the date of revocation is a couple of days after date of service.

 

Until you licence is revoked, you cannot apply for a provisional.

 

If you opt for Court, you will add a delay of at least a month - but you will in all probability be subject to a higher fine and costs.

 

You state that you received your initial points whist on a m/c provisional - did you not take a m/c test? The 2 year period runs from the first full driving licence, not the first full car driving licence

 

 

i already have an SP30 which i got 06/02/07 on a motorcycle with provisional license and CBT.

 

Points (SP30) date from date of offence, not date of conviction. What was the date of offence?

Edited by patdavies
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For example, you can pass your test with 9 points. No problem.

However, the very next point(s) you collect will trigger the licence being revoked.

 

No, it won't simply be revoked in that situation. A further three points will lead to disqualification under 'totting up' - meaning no driving (or licence) of any kind for a while.

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