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Will i be banned if i recieve a further 6 points ...?
12 Answers
Right i currently have 6 points on my license and have had my license for just over 2 years and i am 19years old.
recently i was pulled by a police officer in my mothers car (1.2 Corsa) and was informed that i was uninsured to drive this. Me and my mum where always under the influence that as i am Fully comp on my own car (astra VXR) i was able to drive my mums car? This wasnt the case as the officer said i had to be over 25!
this was a genuin mistake as i was not tryin to get round insurance as if u think about it the cost of my VXR insurance is �4000+ and for me to be insured on my mothers car instead would eb somethin around �700!!!!
Well the officer said he would summen me to court and i would be lookin at 6 points!! This would meen in me loosing my license for a genuin mistake :(!
Do i have any chance of not getting my license taken off me? Please someone help, Thanks.
recently i was pulled by a police officer in my mothers car (1.2 Corsa) and was informed that i was uninsured to drive this. Me and my mum where always under the influence that as i am Fully comp on my own car (astra VXR) i was able to drive my mums car? This wasnt the case as the officer said i had to be over 25!
this was a genuin mistake as i was not tryin to get round insurance as if u think about it the cost of my VXR insurance is �4000+ and for me to be insured on my mothers car instead would eb somethin around �700!!!!
Well the officer said he would summen me to court and i would be lookin at 6 points!! This would meen in me loosing my license for a genuin mistake :(!
Do i have any chance of not getting my license taken off me? Please someone help, Thanks.
Answers
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no-one on a website can help you not lose your licence. driving with no insurance has no defence in law, as it is absolutely up to you to make sure you are insured for a vehicle you are driving. Have you read through your policy? is what the police person said correct. It is always wisest to make sure of things rather than just being "under the influence (im sure you mean impression?)" that something is true (as you have found out) Incidentally, why did the police pull you over?
Anyway, you can recieve 6 points for driving uninsured, and if you do, you will lose your liscence under the "totting up" procedure
Anyway, you can recieve 6 points for driving uninsured, and if you do, you will lose your liscence under the "totting up" procedure
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You are very unlikely to escape disqualification.
As Ethel says, the first six points must have been gained just outside your two year probationary period, or your full licence should have been revoked.
For this latest offence the magistrates must impose either a minimum of six points or a disqualification (for this single offence alone) unless they find compelling reasons not to do so (and from your description of events there does not seem to be any compelling reason).
They may decide to ban you for this offence alone if your earlier six points were for no insurance. A second offence of this type within a short period often leads to a ban, probably of two or three months. If they do not, they must impose at least six points. You cannot negotiate a higher fine for fewer points as .2shortplanks suggests. Six is the statutory minimum.
If they do impose six points you are liable to a minimum six month disqualification under the �totting up� rules (twelve points within three years). You can argue that �exceptional hardship� to you or others will follow if you are banned under totting up. The hardship has to be as it says � exceptional. As a guide it is usually considered that loss of employment alone is not exceptional.
As Ethel says, the first six points must have been gained just outside your two year probationary period, or your full licence should have been revoked.
For this latest offence the magistrates must impose either a minimum of six points or a disqualification (for this single offence alone) unless they find compelling reasons not to do so (and from your description of events there does not seem to be any compelling reason).
They may decide to ban you for this offence alone if your earlier six points were for no insurance. A second offence of this type within a short period often leads to a ban, probably of two or three months. If they do not, they must impose at least six points. You cannot negotiate a higher fine for fewer points as .2shortplanks suggests. Six is the statutory minimum.
If they do impose six points you are liable to a minimum six month disqualification under the �totting up� rules (twelve points within three years). You can argue that �exceptional hardship� to you or others will follow if you are banned under totting up. The hardship has to be as it says � exceptional. As a guide it is usually considered that loss of employment alone is not exceptional.
sorry mate no escape, you will get a ban probably for 2-6 months depending on the mood of the beak.
for future reference, if you can drive another car on your insurance it will say so on the certificate. Fully comp/TPFF etc etc totally irrelevant, it's a common myth that somehow fully comp allows you to drive other cars it does NOT. If the certificate says words to this effect:
"May drive another car on a Third part basis with the owners permisssion, not hired or leased or owned by the insured"
then you can if it does not say that then you can't end of .
for future reference, if you can drive another car on your insurance it will say so on the certificate. Fully comp/TPFF etc etc totally irrelevant, it's a common myth that somehow fully comp allows you to drive other cars it does NOT. If the certificate says words to this effect:
"May drive another car on a Third part basis with the owners permisssion, not hired or leased or owned by the insured"
then you can if it does not say that then you can't end of .
The wording Geezer refers to used to be very common on fully comprehensive policies but has been increasingly withdrawn over recent years and is now commonly something you have to pay for.
This is why a lot of people think that you're insured for other cars on a fully comprehensive policy.
Contrary to what bednobs said there are defences in law to driving without insurance but they don't apply in this case - they tend to revolve around company insurance.
You are very unlikely to keep your license - your best chance is by highlighting the suffering that your disqualification will have to others ( loosing your job etc. does not count) any charity work that you will no longer be able to do or anything of that nature historically has the best chance of getting a favorable response.
But it's a bit of a long shot.
This is why a lot of people think that you're insured for other cars on a fully comprehensive policy.
Contrary to what bednobs said there are defences in law to driving without insurance but they don't apply in this case - they tend to revolve around company insurance.
You are very unlikely to keep your license - your best chance is by highlighting the suffering that your disqualification will have to others ( loosing your job etc. does not count) any charity work that you will no longer be able to do or anything of that nature historically has the best chance of getting a favorable response.
But it's a bit of a long shot.
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