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New Drivers - The Rules

Am I a new driver?

You are classed as a new driver for the first two years after you pass a relevant driving test. A relevant driving test can be a full car licence or a full motorbike licence.Therefore you are not a new driver if you passed a car test 7 years ago and a motorbike test 1 year ago and vice versa.. The two years run from the date that you first passed your test.

What are the implications for New Drivers?

If you are a new driver and you accumlate 6 points, or more, during the first two years (your "probationary period") your licence will be revoked by the DVLA and you will have to sit a full re-test.

This is not at the discretion of the court. There is no point pleading for leniency. The magistrates have very little discretion when it comes to imposing the points (if you are guilty of the offence) and they do not play a role in making the decision to revoke - this is carried out administratively at the DVLA after they are notified of the points by the court. There is no point in begging the administrative staff at the DVLA.  The process is automatic and they have no discretion.

I have been ofered a fixed penalty for no insurance - can I take it?

If you take a fixed penalty of 6 points and a £200 fine then your licence will be revoked automatically. The dvla will be told about the points by the police and they will then write to you and tell you your licence is revoked. If you carry on driving you will be committing further offences and  could put yourself at risk of a 6 month totting up ban. The revocation does not wipe the points on your licence! They still remain effective for 3 years from the date of offence.

If you want to stand any chance of avoiding the points  (and therefore revocation) you have to take the matter to court. Beware though - at court you put yourself at risk of higher fines and court costs, in additon to 6-8 points rather than the fixed penalty of 6. Make sure that if you take it to court you have a good defence/special reasons argument or exceptionally good mitigation otherwise you could make things worse for yourself.

I have got 6 points on my provisional licence, can I sit my test and, if I do, will my licence be revoked?

Yes - you can sit your test and no your licence won't be revoked!

However, if you get any more points during your probationary period your licence will be revoked.

The offence occured within my probationary period, but the Court hearing date is after - will I revoke?

If the points mean that the total number on your licence add up to 6 or more and the most recent offence occured during your probationary period then, yes, you will revoke.

It doesn't matter what date the points are put on your licence, the important date is the date of the offence. If that date appears to have been within your probationary period then your licence will be revoked.

I got three points before I passed my test and I am now in my probationary period and I have got another three points - am I going to be revoked?

Yes. If at appears to the court that you have accumulated a total of 6 or more points and the latest offence occured during the probationary period (it doesn't matter about the date of the first offence) then yes you will be revoked. But again, your licence isn't revoked by the magistrates - its revoked administratively by the DVLA after the court hearing.

Is there any way to avoid revocation?

Yes, but it's not easy.

If you defend the allegation succesfully then there will be no points and no revocation.

If you make a Special Reasons argument and the Magistrates agree not to impose points.

If the Magistrates agree to give you a discretionary ban rather than the points - they will only normally do this if a ban is an option according to their sentencing guidelines.

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