Court case outcome

[Brains]

Just pointing out the issue of foreigners driving on their local licences.

One of our builders has been driving around the UK for 13 years on a Yugoslav Licence (shows the age, the country does not exist any more!)
This only came to light when he was pulled by the cops for driving without a seatbelt, he had the car impounded, but it was his brothers car on paper so they got it back. he is still driving around on a Yugoslav licence, and has no plans to get a UK one.

And one of out neighbours drives a Greek registered, Greek taxed vehicle on a Greek licence. he has been here at least 5 years.

And don't get me started in the Nigerians, we have loads locally, and judging by their lack of ability I can only assume they have not taken any form of test at all, even in Nigeria.

It will be interesting to see how this pans out, as now that the Government has stopped issuing tax disc's, will they use the same technology to check validity of driving licences, because as long as you keep your nose clean I can't see any reason why you would stop driving if it's not permitted for any reason

 

[Southside Mike]

Just pointing out the issue of foreigners driving on their local licences.

One of our builders has been driving around the UK for 13 years on a Yugoslav Licence (shows the age, the country does not exist any more!)
This only came to light when he was pulled by the cops for driving without a seatbelt, he had the car impounded, but it was his brothers car on paper so they got it back. he is still driving around on a Yugoslav licence, and has no plans to get a UK one.

And one of out neighbours drives a Greek registered, Greek taxed vehicle on a Greek licence. he has been here at least 5 years.

And don't get me started in the Nigerians, we have loads locally, and judging by their lack of ability I can only assume they have not taken any form of test at all, even in Nigeria.

It will be interesting to see how this pans out, as now that the Government has stopped issuing tax disc's, will they use the same technology to check validity of driving licences, because as long as you keep your nose clean I can't see any reason why you would stop driving if it's not permitted for any reason

You sure about that? I just put a new one on my car yesterday.

 

[sazzaa]

And don't get me started in the Nigerians, we have loads locally, and judging by their lack of ability I can only assume they have not taken any form of test at all, even in Nigeria.

I've heard no test is needed there, you can buy a licence...

 

[wilkotom]

You sure about that? I just put a new one on my car yesterday.

They're going away as of October / November time, the authorities have been using the computerised database to catch out offenders for years. I imagine the number of people convicted on the basis of a copper, PCSO, etc noticing it's expired has dropped to pretty much zero.

 

[Dogtrousers]

You can only get a revocation OR a ban, it is not possible to have both. The revocation or ban does indeed start at upon conviction, but in the case of revocation you can apply immediately for a new theory and practical test and if successful regain your license. Mind you I would expect any insurance quote would make your eyes water in either case

Thanks for clearing that up. So it does seem that she could be back on the road with a shiny new licence in quite short order. That doesn't seem entirely right. Yeah, she may have to pay more insurance, but that may be no hardship if she's even moderately well off.

It would be better if, after the revocation, there was a time period during which she would be unable to reapply. But I suppose them's the rules.

 

[morrisman]

Thanks for clearing that up. So it does seem that she could be back on the road with a shiny new licence in quite short order. That doesn't seem entirely right. Yeah, she may have to pay more insurance, but that may be no hardship if she's even moderately well off.

It would be better if, after the revocation, there was a time period during which she would be unable to reapply. But I suppose them's the rules.

I think it is just a poorly targeted piece of legislation. It, as the New Driver Act, name suggests is aimed at catching out boy racers in their mum's Clios rather than foreign drivers who have moved to the UK and had to resit their test. In the case of youngsters I think it is sensible legislation but, like much new legislation, can fail when applied out side of the narrow confines of its original target.

 

[spen666]

You can only get a revocation OR a ban, it is not possible to have both. The revocation or ban does indeed start at upon conviction, but in the case of revocation you can apply immediately for a new theory and practical test and if successful regain your license. Mind you I would expect any insurance quote would make your eyes water in either case

I'm not sure this is correct in all situations.

1. Revocation is an administrative process where DVLA revoke licence if you get 6 points or more in first 2 years after passing test (I think its 2 years)

Ban/ Disqualification is punishment imposed by the court.


how about this scenario?

A gets driving licence on 1st January
A appears before Fulchester Magistrates Court on 1st April for 3 offences of no insurance (one each on 1st, 2nd and 3rd February)

A is sentenced to £100 fine and 8 penalty points for each offence. As A now has >12 points, the court also have to disqualify them from driving under the totting up provisions.

So on 1st April, A is convicted of 3 offences, gets fined, points and consequently a ban.

As A also has 6 or more points in 1st two years since passing their driving test, their licence will be revoked by the DVLA


Here A has got points leading to a ban and licence will also be revoked.


The ban is far more severe than revocation, as it lasts longer and you can get done for driving whilst disqualified.

whereas revocation is ended when you pass your test and in meantime offence is driving otherwise than in accordance with a licence [DOTIAWAL] ( obviously in both cases no insurance etc as well)


DOTIAWAL is non imprisonable unlike Drive disqualified

 

[morrisman]

I'm not sure this is correct in all situations.

1. Revocation is an administrative process where DVLA revoke licence if you get 6 points or more in first 2 years after passing test (I think its 2 years)

Ban/ Disqualification is punishment imposed by the court.


how about this scenario?

A gets driving licence on 1st January
A appears before Fulchester Magistrates Court on 1st April for 3 offences of no insurance (one each on 1st, 2nd and 3rd February)

<snip>

Your scenario is a bit far fetched, for each of the no insurances on 1/2/3 Feb the car would have been seized and not returned without payment of the seizure fee (£150-350) and any storage costs and only to someone with valid insurance. So I would expect someone to have given the offended a bit of a slap.

 

[spen666]

Your scenario is a bit far fetched, for each of the no insurances on 1/2/3 Feb the car would have been seized and not returned without payment of the seizure fee (£150-350) and any storage costs and only to someone with valid insurance. So I would expect someone to have given the offended a bit of a slap.

who mentioned it was the same car in each scenario?


As I said before, I am not sure it is correct that someone can't be banned and have their licence revoked. The scenario I present it not unheard of and would I believe allow for both

 

[clockman]

If the person has been caught driving with no insurance in the first two years after passing a driving test, I'm pretty sure that they will get 6 points on the licence and so have it revoked, meaning they will have to re-apply for a provisional licence, re- take and pass both the theory and hazard perception test before re-taking a standard driving test.
Now, I'm not sure what will happen about the second two instances. The courts seem to just give 6 points in the first two years for driving without insurance, because 6 points in the first two years of a licence is all that DVLA need to revoke a licence. How they would then look on the other two offences, I don't know. Because it has happened so close together, possibly they just lump it all together! Maybe they just up the fine, from £100 to £110, give him a slap on the wrist, say don't do that again, go and re-apply for your licence.

 

[CopperCyclist]

And one of out neighbours drives a Greek registered, Greek taxed vehicle on a Greek licence. he has been here at least 5 years.

You can use any EU licence to drive on for as long as you want now in the UK, so the Greek Licence is fine.