Advise On Early Return Of Driving Licence

[Craig8349]

Hi. I am nearly two years into a three year driving ban. Having looked on line, I have learnt that I am near the time where I have the ability to ask for an early return of said licence, as per the road traffic act 1988 section 42. However, I have read now that due to the fact I have been ordered to re-sit my driving test I will not be elegliable for any early return. Does anyone know if this is true or not as I thought a test re-sit was the norm with most bans nowadays? Many thanks in advance.

[Buenchico]

Section 42 of the RTA 1988 has nothing to do with driving licences.

You need valid grounds to get the period of disqualification reduced:
https://www.gov.uk/driving-disqualifications/apply-to-reduce-your-disqualification-period

However I can see nothing there that a requirement to re-take a driving test would prevent a court from considering your application. If your application was to be granted you could then apply for a provisional licence:
https://www.gov.uk/driving-disqualifications/disqualification-until-test-pass-or-extended-test-pass

[Craig8349]

Apologies, it's the Road Traffic Offenders act section 42. I now believe I am unable to do so as the charge was one of dangerous driving. Many thanks.

[EDDIE51]

Most bans are just that, a ban for the specified time. The re test is an extra for more serious offences. The re-test is an extended test ,not just a retake of the normal one.

[Craig8349]

Thanks for your reply. Yes indeed it is to be an extended retest. The issue here though is wether I can apply to have my ban lifted earlier and therefore redo the tests again sooner. I believe I have found a clause within the law which stipulates that it's not possible in regards to dangerous driving however. Cheers.

[New Judge]

Yes. Where a driver is subject to a re-test under Section 36 (which determines, among other things, that an extended retest must be ordered following a ban for Dangerous Driving) he is not able to take advantage of S42 (to have his disqualification lifted early).