New Driver

If you have passed your test within the past two years you will be classed as a new driver. This means that you will have take care when driving and dealing with your vehicle.

As a new driver you will be subject a “probationary period” for the two years following your test. If you accumulate 6 points the DVLA will revoke your driving licence and you will have to take a re-test to get it back which involves taking both the practical and the theory tests.

Take care if you are working for extra money by delivering take-away food you will require business insurance to do so and if you are stopped you will have your vehicle seized and get 6 points so you would also get your licence revoked.

If you are facing an offence which carries 6 points, don’t panic you should seek advice from before taking any action. We understand how daunting it can be if you face an offence which is going to cause your licence to be revoked and as a young driver the thought of the court process and dealing with the police/prosecution is nerve wrecking.

Do not panic and do not worry a minute longer, call one of our specialist road traffic defence solicitors who will be able to give you the best advice so that you may be able to avoid a revocation and put your mind at rest.

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You should always take advice before accepting a fixed penalty ticket as the minimum endorsement may be 3 points but if you receive another or already have 3 points on your licence you will fall foul of the legislation so you should always make sure that you doing the right thing by accepting the penalty.

If you have a fixed penalty for 6 points such as no insurance then or you have a fixed penalty which will take you to 6 points the DVLA will automatically revoke your full licence. You will then be a provisional licence holder and have to be supervised as well as displaying L plates.

If you are facing an offence which carries 6 points then we would always recommend attending court. Whilst the court cannot prevent the revocation if they endorse your licence with 6 points they do have alternative options such as giving lower points if they are able to do so. They could impose a disqualification if the sentence allows instead which does not trigger the revocation. Once served you will be able to drive again once your licence is operational without the need to retake your driving test. 

If you have accumulated 3 points as a provisional driver and a further 3 points after passing your test within the 2 year period you will have your licence revoked and will also be subject to the re-test.

This penalty is imposed automatically by the DVLA and there is no redress. You will be informed that your licence has been revoked and you must not drive during the revocation period or until you have passed the retest, doing so will incur more serious charges.

The points will remain on your licence for a three year period so having successfully regained your driving licence if you were to accumulate a further 6 points you would liable to a disqualification under the ‘totting up’ procedure. 

The revocation of your licence under these circumstances is difficult to avoid but not impossible.

There are a number of ways to avoid revocation:-

  • Do not immediately accept a fixed penalty ticket get advice first
  • Do not write a guilty plea to a summons without advice.
  • If you can successfully defend the offence allegation they you will not be given any points.
  • If you present a special reasons argument and your magistrates agree not to impose penalty points.
  • If the Magistrates agree instead to give you a discretionary ban instead of points. This is only possible if a discretionary ban is an option for your offence according to their according to their sentencing guidelines