When is she banned

[andykdy]

Hi there.I found your site and was wondering if you could help.My Daughter once owned a 50cc off-road motorbike and when aged 16 was out on it one day on the usual piece of waste land all the kids frequented.On the way home instead of pushing it, she stupidly drove across a public road.She was seen by Police and was then stopped and charged.She appeared at Court and plead Guilty to the two charges.1)Driving without insurance. & 2)Driving an off-road vehicle on a public road.She received a fine of �100 and 6 penalty points.Meanwhile I had sent for her provisional car licence for her 17th Birthday.Could you tell me if this is an automatic year ban?, how it works and if it is, when would this ban start from?Any advice would be gratefully appreciated.Andy

[deadley]

Hi Andy,

I am a motor claims investigator.

The points will stay on her license for 3 years from the date of sentencing. She will not be banned as she never had a licence in the first place. If she already had a license she would have had to re-take her test (but this does not mean she is disqualified) and if she re-took her test and passed the points would remain (again after 3 years after sentencing)

Hope it makes sense.

So she will take her test, then pass it, but the 6 points will remain on her new licence (spent after 3 years).

[andykdy]

Hi deadly.
Thanks for the help.
Just to clarify.My Daughter isn't banned at all then, as she never had any licence Provisional or Full at the time of conviction.
What she thought was something about 6 points being an automatic 1 year ban if these points are received within the first 2 years of a driving test pass.
If this isn't true, will these 6 points she has been given only go on her Full licence if and when she passes the Full test.
Therefore the only problem just now, would be the cost of insurance for me to teach her to drive.
Any help and advice is much appreciated.
Andy.

[Buenchico]

Hi Andy,

Let's try to tidy up the information for you:

Anyone who gets points on their licence, bringing the points total to 6 more, during the first two years after passing their test, will have their licence automatically revoked. This is not the same as a ban. A ban is for a specific period but someone who has their licence revoked can immediately apply for a new provisional licence and re-take their driving test.

The 6 penalty points will go on your daughter's licence but they won't result in the automatic revocation of her licence as long as no additional points are incurred during the two years after she passes her test. However, she will have to take extra care during those first two years. Most drivers can get away with, say, a single speeding offence during those two years, as this would only give them a total of three points. However, a single speeding offence would bring your daughter's total points to 9, so her licence would be revoked. (Obviously that wouldn't apply if the 6 points had already 'expired' because they were more than three years old):
http://www.direct.gov.uk/en/Motoring/LearnerAn dNewDrivers/NewlyQualifiedDrivers/DG_4022566

Chris

[andykdy]

Hi Buenchico.
Thank you for your help.
I am still a little confused.
Should my Daughter's Provisional have had the 6 points on it.
After my Daughter received 6 points I sent for her Provisional which arrived with no endorsements on it.
Will the 6 points go on her Full Licence if and when she passes a test and if she doesn't pass a test until after the 3 years expiry time she will still be able to obtain a clean Full Licence after passing.
Also, when does the time period (3 years) of having these 6 points start from:
1. The date of conviction (when she didn't actually have any Licence).
2. The first day of her Provisional entitlement (months after conviction).
or
3.From the date of her Full Licence pass/entitlement (if she ever does.lol).
Any more help appreciated.
Andy

[Buenchico]

Thanks for your reply.

Even though the endorsements don't appear on your daughter's licence, the points will be 'on the record' somewhere, so they could be taken into account if your daughter committted any further driving offences before they've expired.

Endorsements remain on a licence for a period of 4 years from the date of the offence for more minor matters (although they cease to count for totting up purposes one year earlier). For more serious matters, endorsements remain on a licence for either 4 or 11 years from the date of conviction:
http://www.direct.gov.uk/en/Motoring/DriverLic ensing/EndorsementsAndDisqualifications/DG_402 2550

So, if your daughter passes her test less than three years from the date of the offences, her new licence will be issued with 6 'active' points on it. (Although, as previously explained, these wouldn't count towards the potential revocation of her licence unless she committed a further driving offence before those 6 points had expired. Note that it would be the date of any future offence which would be relevant, not the date of conviction for that offence). If your daughter passes her test between 3 and 4 years after the earlier offences, her new licence would show the endorsements for those offences but the points would have ceased to be 'active' for totting up purposes.

Chris

[andykdy]

Brilliant!
I understand now.
Thanks everybody for their help.
Andy.