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Speeding
Apr 13, 2010
Possibly speeding on a foreign licence.
Two weeks ago, I was flashed by a speed camera. It has been over fourteen days and I have yet to receive an NIP, but I am concerned less about the implications of a speeding ticket and more about my status as a valid driver if my driving credentials should be called into question.
I originally came to the UK in 2007 as a student. That visa expired in January 2009 and I applied for a Tier 1 post-study visa, which was granted and dated in May 2009. After visiting the DirectGov website and the DVLA, I have read under the 'residents' section, that one is allowed to drive for up to 12 months since 'becoming a resident'. I have thus assumed that my post-study visa (a residency visa) marked the date at which I became a resident and figured that from May 2009, I had one year to obtain a full UK licence. I have been driving my own fully insured vehicle since June 2009 (it is registered and insured in my name and I have not moved home recently). I've received my provisional licence and am signed up for a theory test. I am prepared to get rid of the car if, by early May 2010, I have not received a full UK driver licence.
My questions are as follows: If I were to receive an NIP for speeding and I choose to accept or refute the notice (based on the fact that it might be issued over 14 days after the offence), will my eligibility as a driver be called into question? Have I misinterpreted the information on these government-sponsored websites? Does the 12-month rule apply since date of entry rather than the date of my residency visa? I spoke to a representative from the DVLA about what date to put on the provisional licence application, and she suggested the date of my residency visa, but I have also been informed separately that the twelve month limit is based on date of entry, despite the wording of the DirectGov website. I am hoping to apply for a student visa in September as I am due to begin a PhD course. The application requires me to disclose driving offences such as driving without a licence and I worry that the Home Office will refuse my application on the basis of 'poor character'. I would therefore appreciate any knowledge you can offer regarding the matter. When should I request legal assistance? Should it be after receiving the NIP in the post or after I have initially attended court regarding the speeding ticket? If I refute the NIP, must I still complete the S172 form? Would this not implicate me as the driver and prove self-incriminating? I have stopped driving in the meantime and am going to be giving my car away to avoid any future worry. Thanks for your time.
I originally came to the UK in 2007 as a student. That visa expired in January 2009 and I applied for a Tier 1 post-study visa, which was granted and dated in May 2009. After visiting the DirectGov website and the DVLA, I have read under the 'residents' section, that one is allowed to drive for up to 12 months since 'becoming a resident'. I have thus assumed that my post-study visa (a residency visa) marked the date at which I became a resident and figured that from May 2009, I had one year to obtain a full UK licence. I have been driving my own fully insured vehicle since June 2009 (it is registered and insured in my name and I have not moved home recently). I've received my provisional licence and am signed up for a theory test. I am prepared to get rid of the car if, by early May 2010, I have not received a full UK driver licence.
My questions are as follows: If I were to receive an NIP for speeding and I choose to accept or refute the notice (based on the fact that it might be issued over 14 days after the offence), will my eligibility as a driver be called into question? Have I misinterpreted the information on these government-sponsored websites? Does the 12-month rule apply since date of entry rather than the date of my residency visa? I spoke to a representative from the DVLA about what date to put on the provisional licence application, and she suggested the date of my residency visa, but I have also been informed separately that the twelve month limit is based on date of entry, despite the wording of the DirectGov website. I am hoping to apply for a student visa in September as I am due to begin a PhD course. The application requires me to disclose driving offences such as driving without a licence and I worry that the Home Office will refuse my application on the basis of 'poor character'. I would therefore appreciate any knowledge you can offer regarding the matter. When should I request legal assistance? Should it be after receiving the NIP in the post or after I have initially attended court regarding the speeding ticket? If I refute the NIP, must I still complete the S172 form? Would this not implicate me as the driver and prove self-incriminating? I have stopped driving in the meantime and am going to be giving my car away to avoid any future worry. Thanks for your time.
Category: Speeding
Posted by: patterson
The term resident is open to interpretation but I think you will be fine. I think you can drive on your foreign licence (plus the provisional) without supervision and l plates until May 2010. At which point you have to be supervised and have l plates if you haven't passed a full uk test, or you have to have passed your test.
If you get sent a NIP you should accept you were driving (complete the s.172 notice admitting you were the driver (there is no doctrine against self incrimination in relation to this) but then contest the ticket on the basis that it wasn't served within 14 days.
Alternatively if you want to get it over and done with send in your provisional licence and £60 and they probably wont even address the issue. If they say you were not supervised according to any photo they have then go back to them and state you are within the 12 month period and you have a foreign licence too.
Keep my details and come back to me if you have any problems. I wouldn't worry too much though I think it will be fine. I can represent you if you need help.