New Drivers Act

Revocation of Driving Licence

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New Drivers, New Drivers Act, Revocation of Driving Licence, 6 Penalty Points, Will my driving licence be revoked?
The Road Traffic (New Drivers) Act 1995 applies to every motorist who passed their test after the 1 June 1997. The main effect is that for the first 2 years of driving after passing a test, a newly qualified driver is placed on a probation period during which time their licence will be revoked by the accumulation of 6 or more penalty points.
 
 
Frequently Asked Questions
 
I am a new driver, what happens if my driving licence is revoked?
 
The DVLA have revoked my licence. Can they do this without prior warning or a Court attendance?
 
Is there any way I can avoid revocation of my driving licence?
 
I have retaken and passed the driving test, are my penalty points removed from my licence?
 
I am a new driver, if I receive an instant driving ban do I have to re–sit the driving test?
 
 

I am a new driver, what happens if my driving licence is revoked?

Revocation of the licence has an immediate effect once 6 points are reached. You cannot drive alone without retaking the driving test so you will have to apply for a provisional licence and re–sit and pass all parts of the driving test again.
 

The DVLA have revoked my licence. Can they do this without prior warning or a Court attendance?

Yes. The process is automatic and neither the Police, the DVLA or the Court has any discretion. If you accept a Fixed Penalty Notice, and the points added take you to 6 points within your first 2 years of driving, your licence will be revoked without any prior warning or a Court appearance.

There is no obligation on the part of the authorities to warn you of the process or the fact that you face revocation. It is assumed that you will be familiar with the Road Traffic (New Drivers) Act 1995.
 
Is there any way I can avoid revocation of my driving licence?
Yes. Revocation is automatic if you reach 6 points but there are ways in which penalty points can be avoided. You will have to proceed to Court but the Magistrates do have discretion as to whether to endorse your licence. If you can convince the Court not to add any points to your licence you will avoid revocation. This will require technical knowledge of the law so you should seek legal advice.
 

I have retaken and passed the driving test, are my penalty points removed from my licence?

No. The points remain valid for 3 years from the date of conviction but you are not subject to any further probationary period or terms as a new driver. If you reach 12 points within any 3 year period, you would be subject to a totting up disqualification, as would any other driver.
 

I am a new driver, if I receive an instant driving ban do I have to re–sit the driving test?

If the instant ban is for less than 56 days, your licence will not be revoked and in the absence of a Court Order to the contrary, ie that you must re–take the test, your licence will be reinstated once the ban expires. However, if the ban is for more than 56 days, you will have to formally apply for your licence to be reinstated, even though you would not have to take the test again.
 
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Related Topics / Driving Offences
  Road Traffic (New Drivers) Act 1995 .... Road Traffic (New Drivers) Act 1995
 

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