Let my learner driver brother drive my car down a quiet road and got caught

[Harry602]

Hope someone can help here.

 

On Saturday I was out with my brother getting fuel and he asked if he could drive my car quickly.

 

I very stupidly said yes and drove to an area I know to have very small amounts of traffic.

We swapped seats and I told him to just leave the car park and drive 100ft or so pull into a side road and turn around and come back.

 

He took a wrong turn and ended up on a main road and I told him to just be as sensible as he can and get to the safest place to stop which entailed driving to a roundabout 100m away and taking the first exit, which is a closed road.

 

As he did a police van slowed down to see what was happening because we were stopped.

They then approached and I got out the car and explained that my brother was still a learner driver and I let him drive very briefly because he is buying the car from me in a few months time.

 

I then said to the officer

"He took a wrong turn and I told him to carefully drive to here because it was the safest place to pull over."

The officers took our details and told my brother he was being reported for driving without L plates and without insurance, and I was reported for not having him on my insurance and not being old enough to supervise him. I'm 20.

I asked what would happen next and the officer said that it would go to the CPS and they would decide what to do.

 

I was issued a HORT1, with it saying to give in my insurance papers, and the officer said they had been lenient as they could of seized the car. I thanked them for that and headed on my way.

 

This morning I went to the station with the papers and the slip and the woman thought it was strange i'd been issued one when my details were on the database.

 

When I asked if anything more will happen or if I will get anything through the post she said

"No that's it. The form will go to the officer and that's that".

 

My Mum and Step Dad seem to think we have both gotten off lightly

but i've read online that I might get something through the post still.

 

So my questions are;

 

1. Who will get it worse for the offences mentioned?

 

2. Will my brother be unable to get a license because of this?

 

3. Is it possible that we have gotten off lightly here and they have been sympathetic?

 

4. When should I expect something through the post?

 

5. Should I have been issued some sort of offence code because I've had nothing and nor has my brother.

 

And lastly,

yes it was a very stupid thing to do.

We are both shaken up and wouldn't dream of doing something like that ever again.

It put ours and others lives in danger and it's eating me up thinking about it all.

[dx100uk]

1. he prob will, it will be a mandatory 6 points for driving without insurance

and a probable fine? IMHO they will forget the rest to do with him.

 

2. no I think the totting up is 12 points that wold ever prevent him getting a full licence

though sadly now he will be crippled by his insurance premiums.

 

3.in a way yes the car could have been seized

 

4. no sure within 6mts?

 

5. don't think so

 

others more knowledgeable will confirm...

[Aretnap]

The offences he could be charged with would be:

 

Driving without insurance (6-8 points and a fine)

Driving otherwise than in accordance with a licence (3-6 points and a fine)

 

For you it would be

 

Causing or permitting driving without insurance (6-8 points and a fine)

Causing or permitting driving otherwise than in accordance with a licence (3-6 points and a fine

 

Even if you are both charged with both offences, in 99% of cases you will only get the points for the more serious offence - so most likely 6-8 points each (probably 6) for the insurance offences.

 

It won't stop your brother getting a licence, but when he does get one the 6 points will remain in play with respect to the New Drivers Act. In practice this means that rather than having the usual 6 points to play with, if he gets any points at all in the first two years after passing his test he'll revert to a provisional licence and have to take his test again.

 

If you passed your own test less than two years ago 6 points would also see your own licence revert to learner status and you'd have to retake your test. Probably won't do either of your insurance premiums much good either.

 

There's no need for you to be given any paperwork at the roadside, though if you've been given a producer you'll have to go to a police station with your licence/insurance documents. You might get a fixed penalty through the post, but possibly not as it was more than one offence - if you don't then they have 6 months to begin court proceedings.

 

The most lenient thing he *could* have done would have been to give you both a dressing down and send you on your way without making a report... but no insurance is taken very seriously these days so you would have to have caught him in an exceptionally good mood for that to have happened. As above he'd have been within his rights to have seized the car, so I suppose by not doing that he was showing a bit of leniency.

[Nimrod205]

Good info from Aretnap but just to be absolutely clear; receiving 6 or more points in the 2 years following your (first) practical test pass will result in the revocation of your licence by the DVLA. This means you will need to apply for a new provisional licence and take both the theory and practical tests again.

Edited August 24, 2016 by Nimrod205
additional info