Re-claiming Licence after DD ban

[ms2608]

9 months after passing his test, my son (stupidly) received a 24 month ban for DD. At that time he had not sent the paperwork off for his full licence, as he was still within the 12 month timescale for submitting your provisional licence and Test pass certificate. Hence he surrendered his Provisional Licence and Pass Certificate at the time of the ban.

 

When the ban expired, he was abroad for long periods, and did not have access to a car when over here, so did not apply to get his licence re-instated immediately. He had attended the re-hab course, and been told that there was no time limit as to when you can apply to get your licence back when the DD ban expires.

 

A couple of years later, he applied to have his licence re-instated - as a Full licence, as he had passed his test. Sent off the form and fee of £100, waited several months and heard nothing from the DVLA, and it took several e-mails before they said we would here from them shortly. The next thing that happened was that a provisional licence arrived in the post. The DVLA stated that they could not issue a Full Licence because the 12 month period allowed for application following passing the driving test had expired!

 

Surely the clock stopped ticking at 8 months, when my son surrendered the paperwork to the DVLA at the point of the ban? How could he apply for his full licence when they were holding the paperwork, and, also he had been told that it is up to you when you re-apply to get your licence back when a ban comes to an end. I assume that the DVLA did not really know how to deal with this one, as they took so long to get back to us.

 

Any advice gratefully received!

[supermancss]

After a drink driving ban quite rightly you should retake your tests.

 

He will need to retake, theory, practical aswell as the £100 for a new licence which is provisional.

 

I believe this is due to the 6points in first 2 years of driving. If he wasn't in first two years he may not have to resit test depending on points already on licence etc.

 

I'm sure you'll have heard it a million times but quite deservedly he should have to retake everything with the embarassment of being driving whilst drunk. Been to many a RTC which has changed lives due to alcohol

[crem]

supermancss will be correct provided we are talking about all this occurring after 1997 when the New Driver's Act came into force. You comment on this happening over at least a couple of years, but presumably not as far back as 1997?

 

If so, it's not anything to do with not having sent his test certificate off or not reapplying inmmediately his ban was up. Under the New Driver's Act, if you receive 6 points in your first 2 years, your licence is automatically revoked, you reapply for a provisional licence and have to take the theory and practical test again. I would guess that a DD offence came with 10 penalty points on his licence as well as the ban.

[ms2608]

Thanks for the replies.

 

I have checked, and the ban was imposed in January 1997 - which I think was before the New Drivers' Act came into force.

 

The reason cited by the DVLA was the fact that the period of 12 months to submit the Pass certificate and Provisional Licence to apply for a full licence had expired. I'm not sure this is watertight as they were in possession of the paperwork from the 8th month onwards. Hence my query.

 

Supermancs - please be assured that we are both eternally grateful that this lesson has been learned without anybody coming to harm by his stupid action.

[crem]

humm that's more interesting then. Some of the act came into force in March 1997 and the remainder in June 1997, so it should not be applied in your son's case.

 

It does just seem to come back to the fact he hadn't swapped his certificate for a full licence. That doesn't tend to happen now as in 99% of test passes the examiner will keep your provisional and arrange for your full licence to be issued.

 

Not sure who/where you progress this to as the DVLA tend to be a law unto themselves and are never wrong!

[supermancss]

It may well be easier to just reapply and do tests again, may be beneficial if he has not been driving for 15years! Not sure what the process was when your son passed in '97, sounds different to when i passed

[ms2608]

Apologies - I should not post things late in the evening - I was obviously stuck in a time warp - my son passed his test in 2007 (not 1997!) Thanks to supermancss for mentioning the 15 year time gap - which flagged up my error!

 

After a bit of research I have found out that:-

 

If a new driver is convicted of: DD - this is an offence where disqualification is obligatory. They will NOT have their drivers licence revoked under the new drivers act because of the disqualification imposed upon conviction of these offences. The new drivers act only applies IF the new driver accumulates 6 penalty points or more on their driving licence within the 2 year probationary period.

*************

 

So it is definitely the question of could he be out of the time limit for submitting his paperwork for the full licence, if the paperwork was in the hands of the DVLA?

[supermancss]

to try and clarify the issue can we confirm some details.

 

Your son passed his test what date in 2007?

your son was banned 9months later (again what date)

and when did he last reapply for his licence?

[ms2608]

Having sourced the actual paperwork - for which I apologise not doing in the first place, as I am obviously past being able to rely on my memory :-

 

Test passed - April 2005

Ban - January 2006

Applied to have licence returned (fee £100) around May 2010.

 

Reason for the time gap was as he is abroad quite frequently, and did not have regular access to a car when in this country, so it seemed pointless paying out the £100 before the licence was required.

[supermancss]

get confirmation from DVLA but I think they will stand with he got d/q before handing in for full card licence. He will have to retake all tests with extended practical.

[crem]

No longer relevant to his case, but I am curious why he kept his provisional and test certificate to be sent off later. I thought by then the test centres had brought in the practice of sending of a candicate's provisional to be automatically upgraded on their behalf. It is not compulsory, but very few people would refuse this service as it is free and efficient.

[supermancss]

No longer relevant to his case, but I am curious why he kept his provisional and test certificate to be sent off later. I thought by then the test centres had brought in the practice of sending of a candicate's provisional to be automatically upgraded on their behalf. It is not compulsory, but very few people would refuse this service as it is free and efficient.

+1 somthing doesnt add up

[crem]

He will have to retake all tests with extended practical.

 

The extended practical isn't mandatory even for a DD disqualification, but is stipulated, if necessary, by the magistrate as part of the sentence.