I passed my driving test 14 months ago and have 3 penalty points on it at present. I have been flashed by a GATSO camera today and want to know if I will be banned.
Since it is less than 2 years since you qualified and since you already have points on your licence then you will be on or over the 6 penalty points required to be banned from driving and required to re sit your test. You will NOT be banned when you attend court. Your licence will be revoked. You may feel there is no difference but the revocation is something that happens as soon as you have obtained 6 or more points on your probationary licence.
It is possible that the GATSO flash was operating but that the camera was not loaded with film. (Digital arriving soon!) I have written out some details about how the New Drivers Provisions work. If you need any further help please just give us a call.
The Road Traffic (New Drivers) Act 1995 came into force on 1 June 1997. As a result of this Act, each driver must go through a probationary period of two years after passing their first driving test. Drivers who are convicted of a motoring offence during this probationary period, and as a result have six or more valid penalty points on their licence, will have their full entitlement to drive all categories revoked. Valid penalty points incurred prior to passing a test are taken into account if the driver commits an offence during his probationary period. Full entitlement to all categories of vehicle held previously will be reinstated upon passing a test in any one of the driver’s original entitlements. LGV and PCV drivers may be subject to further action from the Traffic Commissioner. Passing a test will not remove the penalty points from the licence; therefore, drivers who go on to incur a total of 12 or more valid penalty points will be disqualified. There is no right of appeal against revocation under the New Drivers Act. A driver can only appeal against the conviction for which the penalty points were awarded. How to Apply for Your Licence After Revocation Under the New Drivers Act You must apply for a provisional driving licence using application form D1 (available at post offices), if you have never held a photocard licence you must also complete photocard application form D750 (available at post offices). Send your completed application form, the appropriate identity documents and fee to: DVLA, Swansea, SA99 1AB Full entitlement to all categories of vehicle held previously will be reinstated upon passing a test in any one of your original entitlements. Adding A Test Pass Once you have passed your driving test (theory and practical) you should exchange your test pass certificate for a new licence as soon as possible. If you do not claim your test pass within 2 years of the date of your test, the entitlement conveyed by the test pass will be lost and you will have to pass a further driving test (theory and practical) for that category of vehicle if you wish to have it included on your driving licence. If you hold a photocard licence you must complete the declaration on the reverse of your test pass certificate and send it together with your photocard licence, paper counterpart and the appropriate fee to DVLA, Swansea, SA99 1BJ. If you hold a paper licence you must also enclose a completed D750 form and the appropriate identity documents. Drivers who exchange their foreign licence for a GB licence Drivers who have exchanged a licence from another country for a GB licence and acquire 6 or more valid penalty points are subject to the New Drivers Act, if during the previous 2 years they passed their first driving test in the Isle of Man, Channel Islands, Gibraltar or another EEA state. A revoked driver may reclaim his previous entitlement by passing an appropriate test in the Isle of Man, Channel Islands, Gibraltar or another EEA state. No other test passes are acceptable including those from ‘designated’ countries.
