New Drivers Act, and The Law In Scotland

New Drivers and The Law  | Road Traffic Lawyer Glasgow

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The New Drivers Act (1995)

The New Drivers Act ‘In Practice’

Under the New Driver Act if a driver accumulates 6 penalty points (or more) within the first 2 years of passing their test their licence to drive will be revoked.This is not the same thing as a disqualification. Instead the dirver effectively reverts to “learner driver” status. The driver must re-apply for a provisional licence and resit both the theory and practical tests. The 2 year time frame relates from the ‘date of incident’ rather than when any case proceeded to Court.


Which Drivers?

The act applies to all drivers from, Great Britain, Northern Ireland, the European Community and European Economic Area, Isle of Man, Channel Islands and Gibraltar.

The act applies to you if you have exchanged a driving licence from a ‘designated country’ for a British licence and pass a further driving test in this country.

The designated countries are: Australia, Barbados, British Virgin Islands, Canada, Falkland Islands, Faroe Islands, Hong Kong, Japan, Monaco, New Zealand, Republic of Korea, Singapore, South Africa, Switzerland and Zimbabwe.


Getting your full driving licence “back”

As above, in order to get back on the road you must essentially ‘start again’ by firstly reapply for a provisional driving licence.

You’ll need to pay for and re-sit the theory and practical driving tests.

Finally, after passing your driving test, you’ll need to upgrade your provisional driving licence for a full one.


Penalty points gained before passing your driving test

Any penalty points you gain before passing your first driving test are taken into account. However, having six or more doesn’t mean your licence will be revoked straight after you pass your test. If you are unlucky enough to obtain 3-6 points prior to passing your test, however, it is one strike and out.

Gaining further points after passing your test, taking your total to six or more, will mean your licence will be revoked.


Your driving entitlement for other vehicles

Any other entitlements you had on you driving licence, such as lorry or bus, will only be restored after the approval of a traffic commissioner in the area you live.

The traffic commissioner may request you retake a driving test for those vehicles.


After passing your retest

It’s important to remember that passing a retest doesn’t remove the penalty points from your driving licence. The penalty points remain valid for 3 years from the date of conviction.

Check the DVLA website for more information on all of the above, or the Government website


 

If you are facing 6 points within the first 2 years of passing your test then you should speak with a specialist solocitor TODAY who can advise if your licence can be saved.